Workshop on Managing Contract Claims and Disputes Resolution

Program overview:

Contract law has become an essential part of conducting our daily business functions. Whether you are in purchasing, contract management, subcontracts, project management, general management or sales, you are constantly involved with legal and contract principles, sometimes without even knowing it. Conflicts, claims, and disputes could be considered as an unavoidable consequence of the contractual process. The frequency and severity of conflicts, claims, and disputes can significantly increase with not well structured contracts, in which many multinationals and multicultural stakeholders are involved.

This course is designed to help participants understand comprehensively, contract administration guidelines to deal with conflicts, claims, and disputes including unforeseeable physical conditions, employer’s risks, force majeure, and delay damages. This will help promote efficient and effective management of contracts and consequently, high-performance project outcomes.

For Whom:

This course is designed for contract administrators, contract professionals, and project coordinators and managers. It will equally be of benefit to; supply officers, buyers, purchasing & procurement professionals in projects and other construction contracts, cost and quantity professionals. Claims personnel, including legal advisers and contracts managers can also benefit from this course.

Learning Objective

At the end of the program, participants will be able to;

• explain contracts, structures, the how and why contracts are drafted in specific ways;
• explain the legal principles behind contracts formats;
• evaluate the main clauses in different types of agreements;
• evaluate the commercial impact of specific provisions within the contract frame;
• explain the differences between similar clauses in different international standards;
• develop own “standard” clauses in contracts;
• accept and reject proposed amendments, and be able to give concise reasons for such actions;
• carry out practical exercises on contract documents amendment to meet specific requirements in contracts including the use of special conditions;
• design effective strategies and tactics for negotiating contract amendments;
• use provisions in contracts to reduce the risk of disputes and claims; and
• use ADR methods to resolve contract claims and disputes.

Course Outline:

Day 1: Contracts: Definition, How and why Contracts are drafted

• Important of contracts
• Contract formation
• The key elements of a contract
• Oral or written?
• Terms and Conditions of contract
• Agency issues
• The basic structure of a contract
• Incorporating documents by reference
• Designing Standard Forms
• Form of Agreement
• Principles of contract negotiation

Day 2: Drafting of Contract and the Main Contract Clauses

• Obligation to deliver/perform
• Rework/re-performance
• Risk
• Title
• Compliance with law/change of law
• Indemnities
• Insurance
• Third parties
• Liability in negligence – relationship with contract conditions

Day 3: Drafting of Contract and the Main Contract Clauses

• Variations and changes
• Product liability and defective goods – rejection
• Precedence of documents – Special Conditions
• Intellectual property, Taxation
• Suspension and termination
• Acceptance and Certificates
• Payment
• Liquidated damages/penalties
• Limits of liability
• Guarantee/Warranty/Maintenance
• Conflict of Laws and Choice of Law Clauses

Day 4: Required documents and Negotiations

• Letters of Intent or Award
• Bank and Insurance Bonds
• Letters of Awareness
• Collateral warranties
• Alliance /Partnering Agreements
• Side letter arrangement
• Finance arrangements 
• Negotiating Contract terms and conditions
• Negotiating contract qualifications and amendment procedures

Day 5:  Contract Claims and Disputes Resolution

• Dispute Resolution clauses
• Unequal bargaining positions
• Negotiation, compromise and settlement
• Litigation, Arbitration, Mediation

The Course Package: Includes: Course material in soft copy, Tea break, Lunch, City tour, and certificate of attendance. A laptop with the soft copy of the course material loaded with a carrying bag will be presented to the participants at the end of the course.

Note: Payment is either U$D or the prevailing parallel market rate. We do not accept government official rate.

Training Methodology

• Methodology: Lectures, discussions, exercises, case studies, audio-visual aids will be used to reinforce these teaching/learning methods

For bookings and inquiries, call: +234-8051365946, +234-7087578814 (Office Lines)

24/7 Lines: +234-8068933608, +234-8029170491 & +234-8145745664 & +234-9112830607

Or send us an email:  info@hcaglobalconsult.com or hcaglobalconsult@gmail.com