INTRODUCTION
This course is composed to two main parts:
Contract Management Techniques which covers the three stages of contracting; negotiating the “deal”; documenting that deal in a robust, but practical way: and managing the performance of the contract itself. It is devised to develop general skills with demonstration of applications in a wide range of contracts, and to allow participants to have an awareness of practices in other areas and other industries.
Project Governance which is a framework that guides and monitors the process of converting investment decisions into value for the organization, delivering the anticipated benefits- the business outcomes and benefits to intended beneficiaries. This course defines the processes and structures that ensure governance of individual projects as well as governance of project management which deals with internal business reviews of projects.
PROGRAMME OBJECTIVES
- Learning what constitutes a valid contract
- Determining differences in approach between different legal systems
- Drafting issues that arise on common clauses, and how to negotiate these terms
- Learning techniques to improve the efficient management of contracts
- Understanding the project governance structure and principles
- Demonstrating the core processes required
- Defining the benefits and the values of this activity
- Understanding the link between corporate and project governance
WHO SHOULD ATTEND?
- Project managers
- Senior managers
- Project executives
- Board members
PROGRAM OUTLINE
- What constitutes a contract?
- How to structure commercial arrangements
- Innovative commercial solutions
- How to negotiate a contractual structure
- Basic techniques for negotiation
- How to document discussions
- Relationship between negotiation and contract drafting
- Closing a deal
- Dealing with difficult negotiators
- Using standard forms
- Developing your own standards
- Modifying forms
- Dealing with contract qualifications and amendments
- Structuring complex documents
- “Level playing field” issues – how to be fair to more than one bidder
- Dealing with errors in a bid
- Negotiating complex wording
- Formalities to finalise the contract
- Performance of the work
- Title and Risk
- Intellectual property
- Extension of time
- Force majeure
- Time for completion
- Liquidated damages and penalties
- Termination and suspension
- Law of the contract and dispute resolution
- Risk assessment and management
- Kick-off meetings
- Assignment of responsibilities
- Setting and managing expectations
- Planning
- Reporting – being realistic with requirements
- Progress meetings and expediting
- Dealing with defaults and external factors
- Payment issues – including international trade
- Recognising potential problems
- Dealing with issues as they arise
- Legal rights and commercial outcomes distinguished
- Negotiation structures for internal dispute resolution
- Types of external dispute resolution
- Issues with different legal systems
- Enforcement of awards
- Management of disputes
- Avoiding disputes in the first place
- Required standard for explaining project governance
- Business cases : outcomes and goals
- Key measures for understanding all significant business projects
- The governance’s structure and plan
- The organization’s structure, role and responsibilities
- The stakeholders’ responsibilities
- Project and program’s benefits : defining real outcomes and real business’ benefits
- Measurement : defining information requirements
- Defining the structures’ accountabilities
- Disclosure and openness of information
- Strategic management : working structures for effective and timely issue management and direction
- Conducting business reviews of strategic or major customer projects
- Project management team and stakeholder management
- Project control and reporting
- Corporate management
- Project board
- Application of high standard of project management
- Conducting business reviews of strategic or major customer projects
- Assurance again common reasons of project failure
- Core implementation strategy and plan
