Course Description

THE RATIONALE

This course provides an elaborate practical briefing on the issues and details of effective contract

Administration, claims management and negotiating settlements through a unique method.

All good business contract decisions use this unique method which involves Technical, Legal,

Management, Audit and Finance inputs.

THE COURSE OBJECTIVES:

By the end of this training, participants will be able to learn:

• Effective Contract Administration & Claim Support Documentation
• Protecting your Organization and Saving Millions of Dollars in Claims & Lost Impact Costs
• Help meet the Strategic Objectives of your Organization like Professional Reputation, Image and Standardization
• Building Skills & Competencies in Win-Win Resolution of Disputes
• Understanding Enforceable Interpretation of the Contract Provisions
• Preventing Avoidable Delays & Costs by Effective Contract Administration
• Analyzing & Defending Against Claims & Preparing Adequately Documented Counter Claims
• Tips and strategies for settling Claim Amounts due through methods other than direct payment, including, through strategies called: (1) Long term relationship view, (2) Increasing the size of the cake, (3) Minimum acceptable settlement by other party, (4) splitting the difference and others..

THE COURSE OUTLINE

The course will cover the following:

MODULE 1: THE MANAGEMENT-ENGINEERING-LEGAL-SCHEDULING-AUDIT ISSUES ON CONTRACTS

• Rights Duties and Implied Obligations of the Parties under:
  • Your Contract
  • Under Local Laws Regulations
  • Under International Law
• Rules and Doctrines of Precedence and Interpretation of Contracts Contractual Obligations:
  • As decided by Courts
  • As applied by Arbitrators
• Interpretations during Contract Execution

MODULE 2: MAKING TENDERING PROCEDURES MORE EFFECTIVE

• Prequalification Procedure
• Tendering Procedure Public Tender Law
• Tender/Bid Evaluation
• Transferring Risks not legally effective Just by Drafting
• Risk Transfer is when considered Complete in Law

MODULE 3: THE ADVANTAGES & DISADVANTAGES AND WHEN TO USE

• Cost Reimbursable Contracts
  • Fixed Price/ Lump Sum Bill of Quantities
  • Construction Manager Contracts.
  • Single General Contractor Multiple Prime
  • Fast Track Contracting
• Turn Key Contract
• Joint Ventures
• Design Supervision Contracts
  • How to protect your interests
  • Selection Managing Audit Control of Consultant’s Design Activity
• Consultant Contracts:
  • Analysis and Contract Administration
  • Conditions to Check for and Include to Protect Owner’s Interests
  • Consultant’s Insurance Exclusions Warranties

MODULE 4: Claims on projects

• Nature of Claims
• Constructive Variations Issues
• Liability Establishment
• Causation Proof
• Damage Quantification
• Fair Reasonable Price Determination and Impact Calculation (VO’s Claims)
  • Direct Costs
  • Indirect Costs Overheads
  • Other Contractual Factors to Consider

MODULE 5: Managing Meetings for Negotiating Settlement of Disputes Claims

• Negotiating VO’s Claims
  • Preparation
  • Presentation
  • Deadly Negotiating Skills
  • Games/Tricks Others May implore
  • Bargaining Strategies Tactics
• Dispute Resolution
  • Options Contractual Arrangement
  • Settlement by Negotiations
  • Mediation Arbitration Courts
• Cost-Benefit Considerations
• Management Audit Concerns
• Project Closedown Reporting

TARGET AUDIENCE

Contracts managers, specialists and all those involved in any aspect of implementing, managing or administering contracts, also those involved in any step of contract preparation and award for them to realize the importance of a well-prepared contract. Personnel responsible for managing contracts to ensure their company achieves maximum benefit from the contract terms.

Delivery Method: Combines lectures, class discussions, group exercises, illustrations, role-plays and practical application of the topics.

Venue:

Fee:

Duration: 1 week

Course Date: April 17th – 21st 2023