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Falconbury

Understanding and Managing Contracts to Achieve Better Results Training Course

This course will help you understand and proactively manage your contracts by applying a logical and systematic approach to enable you to anticipate risks and resolve problems before they become critical.

★★★★★ "Catherine is a great presenter. She is extremely knowledgeable, and her love of contracts shows thro... more (42)"

4-5 December 2023
+ 4-5 March 2024, 26-27 September 2024, 4-5 December 2024 »
from £799

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Format: Live online
CPD: 12 hours for your records
Certificate of completion

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Course overview

This highly interactive programme will enable delegates to understand the different elements which make up a legally binding contract: implied terms, set in statute; and express terms, those terms negotiated between the contracting parties which amend or deviate from statute.

The course will enable delegates to learn how to break down the express terms into three categories: promise; procedural; and liability clauses, removing the complexity of reviewing a contract, as well as giving delegates a best practise methodology.

The course will guide you through making an action plan to bring together all stakeholders, internal and external, to enable the smooth running of a project with the contract at the centre acting as a pro-active risk management document, as well as a legal document.

You will learn how to identify possible areas of risk, understand how to mitigate against them, and get to grips with potential consequences if promises are broken.

You will learn how to apply a logical, systematic and comprehensive approach to reading, managing and implementing a contract so that you are confident in your role and contribution, and fully appreciate what is required of you, your team and the other contracting party(ies) to satisfy the legal obligations laid out in the contract.

Drawing on real-life experiences and using many workshop-style exercises, case studies and examples, the expert trainer will focus on giving you the necessary knowledge, tools and processes to be able to read and review contracts and make them work for you not against you.

Benefits of attending

A contracts manager has an important and, sometimes, onerous responsibility of administering an organisation’s contracts in the most efficient and effective way. This practical course provides an in-depth understanding of how everybody involved in the creation and management of that contract has an active role to play in ensuring the contract adds value in providing legal protection but also clarity of understanding of obligations and liabilities, and proactive risk management.

It is important to understand the interdependency of the contracting parties - if a supplier fails, the buyer fails. The aim of this course is to ensure all stakeholders appreciate this interdependency and how to communicate and work together for the optimum outcome for all.

Whether your contracts are local, national or global by attending this programme you will:

Understand the structure of a legal contract
Boost your knowledge to understand and manage the legal obligations and requirements set out in a contract
Be confident that you are operating under a legally binding contract
Appreciate fully what has been agreed between the contracting parties and what the legal obligations and responsibilities of each are
Recognise the allocation of liability and risk between the contracting parties
Realise what the consequences will be if either party does not comply with the contract
Grasp the importance of being proactive in establishing a project plan, monitoring work and driving progress
Get to grips with the importance of the interdependency of a contracting relationship
Value the benefits of undertaking a recap at the end of a contract’s life to capture lessons learned and gain from the learning curve of ‘what went well’
Master new skills through the use of practical exercises and case studies with feedback from the expert trainer

Practical exercises, facilitation and discussion sessions are used throughout the course to ensure delegates have a clear appreciation of the added value gained from being proactive in the planning and management of a contract. Attendees will be shown how to anticipate problems and resolve them before they become critical and potentially very costly, rather than managing the project in a reactionary manner.

Who should attend?

The course will be beneficial to all stakeholders and every member of the project and contract delivery team including:

Contracts managers
Project / bid managers and technical staff
Commercial managers
Finance managers
Business development managers
Procurement managers
Contract administrators, officers and specialists

This highly experiential programme is a must-attend event if you are:

Managing the execution of commercial contracts
Accountable and/or responsible for the successful completion of contracts
Drafting and negotiating contract documents
Unclear of the obligations that contracts place legally on you and your organisation
In need of a refresher on the risks associated with a project

This seminar has been designed for lawyers and non-lawyers and is presented without the use of legal jargon.

Enrol or reserve

The Understanding and Managing Contracts to Achieve Better Results course will cover:

Day 1
Day 2

Introduction

The purpose and structure of an express term contract

Legal protection, to enable recourse through courts / arbitration
Capture and give clarity to agreement / contractual obligations, avoiding misunderstandings, misinterpretation, and disputes due to ambiguity
Set out governance / management of the relationship between contracting parties, including Supply Chain Management (SCM) and Supply Relationship Management (SRM)
Set out consequences / assign liability if contractual obligations / promises broken / if there is a breach of contract or a party is frustrated in delivering their contractual obligations
Avoiding going to court by proactive risk management of any potential risks / challenges, thereby maintaining good relations and moving forward
Realising all potential opportunities for improvements and efficiencies

Protection: Ensuring the contract is legally binding

Exercise – Co-op v ILC (International Computers Limited now part of Fujitsu)
Creating a legally binding contract – LILAC
Legality (including Bribery Act, Competition Act, Unfair Contract Terms Act, Misrepresentation / Duress)
Intent
Legal Capacity v Power of attorney
Agreement (Offer and Acceptance, battle of the forms. Invitation to treat v offer, Letter of Intent)
Consideration, legal value (FOC offerings / project reviews and amendments to scope)

Structure of an express term contract

Understanding the relationship between Civil (Contract and TORT) and Criminal law
Understanding difference between Contract law (‘promises’ law) & TORT (‘duty of care’ law)
Components of the ‘whole’ Agreement
- Implied terms (statute)
- Express terms (negotiated terms agreed verbally, in writing or by conduct)
Understanding the starting position in statute (Implied terms) and how, and why, Express terms are used to amend or deviate from the Implied terms.
Focus of the ‘why’ being:
- Clarity - removing ‘one size fits all’ subjective, ambiguous elements of implied terms
- Proactive risk management
- Effective governance
The 3 simple areas of an express term contract
- Promise clauses – contractual obligations
- Procedural clauses – governance / control & managing relationship
- Liability / consequence clauses – proactive risk management
How to effectively use model form contracts (including framework agreements, standard terms and conditions, industry standards e.g. NEC etc) to save time but still maintain ability to manage specific risks associated with an individual procurement requirement. Use of contract specific express terms and order of precedence
Exercise – Multiple choice review of implied terms in statute, focus on Sale of Goods Act, to understand how express terms deviate from statute and why, which of contracting party benefits from such deviation from statute

Express Term Promise clauses

Deviating from Sale of Goods Act / Supply of Goods and Services Act
Capturing ALL promises within the legal contract – those of Supplier AND Buyer, dependencies on Buyer which might hinder / frustrate progress of the Supplier and be viewed as potential risk for Supplier impacting price offered
Best endeavours v reasonable endeavours
Implications of the ‘Reasonable’ rule in English contract law
Importance of using the ‘Definitions’ section in the contract
Five Rights of Procurement – quality, time, quantity, place, price
- Quality acceptance criteria:
  - Clarifying / defining meaning of implied term ’satisfactory quality’. Use of KPI’s / Service level agreements. Changing qualitative into quantitative measures. SMART measures.
  - Agreeing who is taking responsibility for ’fitness for purpose’ (Conformance specification v Performance specification). Use of terminology: ‘shall / will’ v ‘should / could’
Exercise – reviewing a real life scope of supply to identify ownership of contractual obligations and clarity

Express Term Procedural clauses

Applicable law
Privity of contract v Rights of 3rd Party Act
Right to assign
Right to subcontracting
Complete / Entire Agreement, non-reliance clause
Order of precedence of the contractual documents
Authorised representative (power of attorney). Contract amendments, waivers
Right of visibility / transparency of progress. Reporting, reviews, auditing, witnessing
Dispute resolution – litigation, arbitration, mediation
Termination for convenience

Express Term Consequence / liability clauses

“Majority of contracts are a ‘blame game’ not a partnership”

Liability in statute – Unlimited consequential damages. Compensation not penalty.
Monetary compensation / termination for breach
Force Majeure v Frustration Act 1943
Passing liability / risk
- Exclusion, Disclaimer, Indemnity clauses
Limiting liability / risk (which in part is also passing part of liability)
- Express term limit of / capping liability clauses
- Why express terms like the ‘warranty’ clause are preferable – solution not monetary compensation. Plan Bs / contingency planning
Excluding liability in TORT (duty of care)
Unfair Contract Terms Act – what liabilities you are not permitted to limit / exclude
Late Payment Act / set off clause
Exercise – Identify ownership of legal liability of contractual obligations identified in scope

Pro-active risk management methodology

Cross checking ALL contractual document for consistency / alignment – Express terms and conditions, scope of work, specification etc. Importance of Complete Agreement and Order of Precedence express term clauses.
Placing risk with party best able to manage that potential risk
Understanding why no one wants monetary compensation or litigation, neither the Supplier nor the Buyer – both are looking for solutions, remedies, moving forward to achieve the optimum outcome when Plan A is no longer possible.
Project planning and management being a combination of the ‘Waterfall process’ (upfront planning) and ‘Agile’ (responsive to changes / contingency plans / plan B’s)

Proactive risk management process

Identification
Evaluate – probability v impact / cost. Risk appetite – ‘adverse’ or ‘taker’
Contingency / mitigation planning – 4 T’s approach with focus on ‘Treat’
Exercise – Traffic light exercise for evaluating potential risks
Exercise – Settlement zone exercise. Taking the Risk Register to the next level and incorporating Plan B’s / contingency plans / optimum solution into the legally binding contract. Practical remedies to keep the project moving forward

Methodology for reviewing and proactively managing an Express Term Contract

Throughout these session delegates will be shown how to use the ‘tool kit’ methodology. This is a symbol system & ‘word search’ process which makes the review of an express term contract much easier. This information is then included in an Action Plan, to effectively manage the contract knowing which party needs to proactively manage which Promises / potential risks and ensures visibility and ownership of who is monitoring progress.
Action Plan proforma:

Promise / procedure

Party responsible for undertaking promise / following procedure

Legal consequence if broken

Mitigation, contingency plan

Internal owner for managing promise / procedure

Promise / procedural clauses

Liability clauses

Proactive Risk management

Supply chain Management (SCM)

Final questions

Enrol or reserve

Catherine Hurst
Hurst Consulting and Training Limited

Catherine Hurst BSc(Hons), CIMDip, PgDL, is an independent consultant in the contract and commercial fields. She was formerly a Commercial Manager at BAe Systems, following previous contract/commercial roles with GEC and Siemens. She has extensive practical experience of bid management, contract drafting and negotiation, contract and subcontract management as well as commercial risk management, both with UK and overseas customers and suppliers, in the private and public sectors.

She is a highly experienced trainer, having a style which brings a subject to life, creating interest and stimulating the enthusiasm of delegates. She combines academic best practice with real world experience.

She lecturers Chartered Institute of Procurement and Supply (CIPS) diploma, levels 4, 5 & 6 at Chichester college. As well as being a member of CIPS, Catherine has a degree in Management Studies, a Chartered Institute of Marketing diploma and more recently achieved a distinction in her Common Professional Examination (CPE)/Post-grad diploma in law, winning the prize for the highest achieving student in the contract law module.

Catherine has successfully provided training to organisations across a wide variety of industries, including:

Transport / utilities / energy / construction / engineering / IT / telecons: Network Rail, ScotRail, Balfour Beatty, London Underground, Westinghouse Springfields Fuels, General Dynamics, Siemens, Metronet, Thales, ABB, Hitachi, Jungheinrich, Honeywell, PALL Europe, Senior Aerospace BWT, RES (Renewable Energy Systems), AGI, Silvertown, QinetiQ, Clyde Pumps / Weir Pumps, Scottish Power, NCOC (North Caspian Operating Company), Computacentre, CISCO, BT, United Utilities

Health / pharmaceutical / education: Nuffield Health, Surrey PCT, Bristol Myers-Squibb, Newcastle University, Exeter University

Public: Forensic Science Services, Office for National Statistics, DARA (Defence Aviation Repair Agency), Metropolitan Police

Charity: Phoenix Futures, Homegroup

Retail: Co-op

More details

NEW higher discounts for multiple bookings - bring your colleagues to make your training budget go further:

30% off the 2nd delegate*
40% off the 3rd delegate*
50% off the 4th delegate*

Please contact us for pricing if you are interested in booking 5 or more delegates

4-5 December 2023

Live online

09:30-17:00 UK (London) (UTC+00)
10:30-18:00 Paris (UTC+01)
04:30-12:00 New York (UTC-05)
Course code 12441

GBP 999
EUR 1,439
USD 1,639

Limited places remaining

2 days live online training
Browser-based, no download usually required
See presenters and interact with fellow attendees
Download documentation and certification of completion
Fair transfer and cancellation policy

View basket

Not ready to book yet?

for 7 days, no obligation

4-5 March 2024

Live online

09:30-17:00 UK (London) (UTC+00)
10:30-18:00 Paris (UTC+01)
04:30-12:00 New York (UTC-05)
Course code 14223

GBP 799 999
EUR 1,159 1,439
USD 1,327 1,639

Until 29 Jan

2 days live online training
Browser-based, no download usually required
See presenters and interact with fellow attendees
Download documentation and certification of completion
Fair transfer and cancellation policy

View basket

Not ready to book yet?

for 7 days, no obligation

26-27 September 2024

Live online

09:30-17:00 UK (London) (UTC+01)
10:30-18:00 Paris (UTC+02)
04:30-12:00 New York (UTC-04)
Course code 14224

GBP 799 999
EUR 1,159 1,439
USD 1,327 1,639

Until 22 Aug

2 days live online training
Browser-based, no download usually required
See presenters and interact with fellow attendees
Download documentation and certification of completion
Fair transfer and cancellation policy

View basket

Not ready to book yet?

for 7 days, no obligation

4-5 December 2024

Live online

09:30-17:00 UK (London) (UTC+00)
10:30-18:00 Paris (UTC+01)
04:30-12:00 New York (UTC-05)
Course code 14225

GBP 799 999
EUR 1,159 1,439
USD 1,327 1,639

Until 30 Oct

2 days live online training
Browser-based, no download usually required
See presenters and interact with fellow attendees
Download documentation and certification of completion
Fair transfer and cancellation policy

View basket

Not ready to book yet?

for 7 days, no obligation

* Early booking discounts may not be combined with other discounts or offers. As such, the discounts for 2nd/3rd/4th delegates are based on the full price.

Reviews of IPI's Understanding and Managing Contracts to Achieve Better Results training course

Catherine is a great presenter. She is extremely knowledgeable, and her love of contracts shows through in her presentations... Overall the course was fantastic. I was really looking forward to attending and it exceeded my expectations. The content was relevant to my role and I identified some improvements I can take back to my workplace, such as LFE and 'Tool Kit' to reading contracts.

Feb 22 2022

Rachael Whittle United Kingdom
Clerical Support, WESTINGHOUSE ELECTRIC EUROPE SA

Jun 10 2021

Excellent speed, positive vibe, good content, interactive approach. Catherine radiates her pleasure in dealing with contracts and knows her topic well. There is a genuine positive vibe to her story.. I feel the content provides a solid base to start expanding my role in contract management.

Patrick Helm Netherlands
Sr. Associate Contract Management, Genmab B.V.

Jun 10 2021

The full content was very valuable. Everything very well organized, presented. Special thanks to the speaker who really made this online course very interactive and passionate.

Christelle ZOZOR Switzerland
Contracts Manager, YARA SWITZERLAND LTD

Nov 21 2019

Really good course, learnt a lot. The speaker was brilliant, really easy to follow and great at explanations. The exercises were very good and helped test our knowledge and see where we needed work.

Hayley Merry United Kingdom
Procurement Manager, County Broadband

Nov 21 2019

It was very informative. The manual is a great reference with lots of sample clauses. The speaker was brilliant. She engaged everyone really well and made sure everyone understood contract law in simple plain language. She brought in a lot of examples which was excellent.

Abarna Sanjeev United Kingdom
Contracts Officer, Rockwell Collins UK Limited

Nov 21 2019

Good interaction with the group, presentation and delivery was clear with many examples of real life cases.

Kassim Toorawa Saudi Arabia
Lead Contracts Officer, Advanced Electronics Company

Nov 21 2019

I was hoping to achieve a better understanding of the terms of a contract and its associated risks. I think I achieved this and will apply the learning in my workplace. The speaker had good interaction with the group, presentation and delivery were clear with many examples of real-life cases.

Kassim Toorawa Saudi Arabia
Lead Contracts Officer, Advanced Electronics Company

Nov 21 2019

The speaker was a good communicator with good examples and you can tell she's worked in the 'real' world.

Adam Dziamarski United Kingdom
Commercial Manager, Clesse UK Ltd

Jun 20 2016

Very engaging, enjoyable and beneficial. I would recommend to colleagues.

Charlotte Boam United Kingdom
Commercial Assistant, Babcock International Group

Nov 29 2016

Very useful and constructive. Excellent speaker.

Kevin Mercer United Kingdom
Senior Contract Manager, Siemens PLC

Nov 29 2016

Presenter was very good. Venue was good and [the] course structure and timing were excellent.

Peter Carroll United Kingdom
Senior Contract Manager, Siemens PLC

Dec 2 2015

All good, very enthusiastic.

Martin Bartek United Kingdom
Commercial Risk Compliance Director, Swiss Post Solutions

Dec 2 2015

Perfect for my job. Very interesting speaker for a difficult subject to deal with.

Christian Billard United Kingdom
Buyer, SBM Offshore

Dec 2 2015

The speaker was very passionate about the subject.

Martin Bartek United Kingdom
Commercial Risk Compliance Director, Swiss Post Solutions

Jun 11 2015

Extremly enjoyable, I will recommend.

Gwendoline McKeen United Kingdom
Viju Limited

Dec 2 2015

Excellent.

Steve Keddie United Kingdom
Programme Manager , Trinity House

Dec 2 2015

Very good content delivered.

Mike Yaxley United Kingdom
Trinity House

Jun 11 2015

Very good - some useful and thought provoking examples and quotes from real cases of direct relevance.

Colin Thorburn United Kingdom
Estates Manager, States of Guernsey

Jun 11 2015

Relevant context, clear presentation, passionate speaker.

Valdis Vanags United Kingdom
LiDar Systems Engineer, 3D Laser Mapping

Jun 11 2015

Very good, personable, good venue.

Daniel Butterworth United Kingdom
Head of Structures Offshore Renewables, DNV-GL

Dec 3 2014

Excellent course

Robert Dale United Kingdom
Technical Services Manager, Trinity House

Jun 11 2014

Very good and worth the two days of the course.

Famous Najomoh Nigeria
Head, Shipping HSSE, Nigeria LNG Ltd

Jun 11 2014

It was interesting and our speaker made the course fun and enjoyable

Sarah Dorban-Hall United Kingdom
Senior Project Administrator, RAND Europe Community Interest company

Jun 11 2014

The course was brilliant and really well run. Catherine is an excellent presenter.

Chris Turner United Kingdom
General Dynamics

Jun 11 2014

Quite frankly it was completely excellent. The best course I have been on in years!

Tom Cockshull United Kingdom
Commercial Manager, Moog Components Group

Dec 3 2014

Excellent course. High energy presentation by a single speaker for two days - well executed.

Des Fisher United Kingdom
Airport Relations and Development Manager, World Duty Free Group

Dec 3 2014

This course was two days well spent and will definitely aid me in my role. I would highly recommend this to everyone dealing with contracts and suppliers as part of their role.

Marike Nolte United Kingdom
Gaming Product Manager, Genting Casinos UK

Dec 4 2013

Really enjoyable, good level of pace. I liked how real life examples were used in most cases - brought facts to life! Would definitely recommend.

Katie Huggins United Kingdom
CONTRACTS ASSISTANT, Pitney Bowes Ltd

Dec 4 2013

It was interesting when I expected it to be very boring! Bravo!

Joanne Ross United Kingdom
Office & Membership Manager, AIC

Jun 12 2013

I am satisfied with it

Natasa Sagernik Slovenia
Contract Administrator, Nuklearna elektrarna Krsko d.o.o

Jun 12 2013

Catherine's very knowledgeable and enthusiastic.

Simon Brown United Kingdom
NATS (Services) Limited

Jun 12 2013

Excellent insightful course superb presentation.

Tim Davis United Kingdom
Mechanical Services Officer, Central & Cecil Housing Trust

Jun 12 2013

Brilliant

Rupinder Chahal United Kingdom
Senior Customer Liaison Officer, CENTRAL & CECIL HOUSING TRUST

Jun 12 2013

Good course, better understanding and appreciation of what makes a contract work.

Anderson Foster United Kingdom
Mechanical Piping, Total E & P UK

Jun 12 2013

Very enjoyable and informative. Excellently delivered.

Richard Pack United Kingdom
Account Executive, Giles Insurance Brokers Ltd

Jun 12 2013

I was satisfied.

Natasa Sagernik Slovenia
Contract Administrator, Nuklearna elektrarna Krsko d.o.o

Jun 12 2013

All aspects were excellent - Catherine is a great trainer

Dawn Brand-Cotti United Kingdom
Commercial Manager, Herbert Retail Ltd

Jun 12 2013

Perfect!!

Wafaa Nasr El-Din Egypt
Contract Manager, PGNiG

Jun 12 2013

Presentation/speaker [were] excellent. Delivery - Catherine knows what she is talking about.

Dawn Brand-Cotti United Kingdom
Commercial Manager, Herbert Retail Ltd

Jun 12 2013

The speaker experience [is] what makes the difference.

Tim Davis United Kingdom
Mechanical Services Officer, Central & Cecil Housing Trust

Dec 5 2012

I liked Catherine, she is good and shows confidence coming from her "real life" commercial background. The content gives you a good start-up on the subject. It is advisable to also enroll on the on-line version.

Marius Palade Romania
Commercial Director, Kapsch SRL