Successful Contract Management and Administration

The Successful Contract Management and Administration course will cover:

• MODULE 1: Understanding the Broad Picture – Professional Contract Administration
  • Professional contract administration
    • Introduction
    • Total Quality Management
    • Doing things right (first time)
    • Doing the right things
    • The way we do things
    • Business ethics
    • Business awareness
  • Legal environment
    • Introduction
    • Structure of the law
    • Types of contract
    • Nature of the contract
    • Key elements of contract formation
    • Written and oral contracts
    • Terms and conditions
    • Breach, termination and damages
    • Statutory requirements
    • Contract negotiation
  • Self-assessment questions for Module 1
• MODULE 2: Mastering Written Skills and Key Contract Considerations
  • Drafting skills
    • Introduction
    • Letter writing
    • Commercial objectives
    • Contract documents
    • Contract clauses
    • Contract amendments
    • Commercial reports
    • Estimates, quotations and tenders
    • Requests for quotation, etc
    • Subcontracts
  • Types of contract
    • Introduction
    • Contracts under standard conditions
    • Contracts under model conditions
    • Negotiated contracts
    • Contracts of different price types
  • Key features
    • Introduction
    • Possession, ownership and risk
    • Defects after delivery
    • Cancellation for convenience
    • Customer-furnished equipment/data
    • Payment
    • Timeliness of performance
  • Appendix 1: Checklists
    • A: Letter drafting
    • B: Drafting contract documents
    • C: Drafting contract conditions
    • D: Preparing tenders
    • E: Summary quotations
    • F: Budgetary estimates
    • G: Requests for quotation
    • H: Shortform RFQ
    • I: Budgetary request
    • J: Contract amendments
  • Appendix 2: Case study – Blue Horizon
    • 1. The participants
    • 2. The correspondence
    • 3. Summary of events
    • 4. Questions
    • 5. Analysis
    • 6. Summary
  • Self-assessment questions for Module 2
• MODULE 3: Efficient Administration Techniques and Skills
  • Intellectual Property: an introduction
    • Introduction
    • The concepts
    • Commonplace considerations
    • Background and foreground material
  • Efficient administration techniques
    • Introduction
    • Keeping the contract up-to-date
    • The contract file
    • Quotations register
    • Key contract details
    • Key contract dates
    • Commercial issues
    • Payment
    • Quotations
    • Other administration techniques
  • Effective communication and personal skills
    • Introduction
    • Methods of communication
    • Meetings
    • Communication
    • The role of personality
  • Appendix 1: Payment routine
  • Self-assessment questions for Module 3
• MODULE 4: Successful Negotiating Skills and Best Practice Techniques
  • Legal foundation for negotiation
    • Introduction
    • Freedom to negotiate
    • Agreement of the parties
    • Duty to disclose information
    • Representations, promises and puffery
    • Duress and undue influence
    • Exclusion clauses
    • Unfair contracts
    • Agency
    • Mistake and mistakes
    • Uncertainty
    • Framework
    • Legal assistance
  • Negotiation principles
    • Introduction
    • The single negotiator
    • Negotiating in pairs
    • Team negotiations
    • Selecting the team
    • Rules for the Iead negotiator
    • Rules for the support negotiator
    • Planning
    • Preparation
    • Strategy
    • Tactics
    • Objectives analysis
  • The whole process
    • Introduction
    • Managing the relationship
    • Expectation engineering
    • Prior events
    • Supporting documents and evidence
    • Platform building
    • Defensive measures
    • Time bombs
    • Corporate, general and personal relationships
  • The negotiation
    • Introduction
    • Location, timing, agenda and opening shots
    • Single and series meetings
    • Negotiating techniques
    • Ploys
    • Human interaction
    • Body language
    • Listening skills
    • Questioning skills
    • Four phases
    • The buzz
  • Self-assessment questions for Module 4
• MODULE 5: Managing Post-Negotiation Activities
  • Post-negotiation activities
    • Introduction
    • Summarise
    • Check the relationship
    • Agree future actions
    • Confirm the agreement
    • Dealing with ‘unagreements’
    • Internal debriefs
    • Exploiting the agreement
  • The content of a contract negotiation
    • Introduction
    • General principles
    • The contract requirement (a foreground feature)
    • Price (a foreground feature)
    • Payment (a foreground feature)
    • Delivery (a foreground feature)
    • Terms and conditions (a background feature)
    • Warranties (a background feature)
    • Risks, liabilities and indemnities (a background feature)
  • Negotiating variations, claims and disputes
    • Introduction
    • Source of post-contract issues
    • Variations
    • Claims
    • Disputes
    • Mediation, conciliation, assisted dispute resolution (ADR), arbitration and litigation
  • Self-assessment questions for Module 5
• MODULE 6: Principles of Commercial Risk Analysis and Management
  • Principles of commercial risk management
    • Taking a risk
    • Commercial risk management
    • The risk pendulum
    • Risk bearing, risk sharing
    • Partnership sourcing and partnership contracting
    • Approaches to partnership contracting
    • Exclusion clauses
    • Insurance
    • Customer characteristics
    • Company culture
  • Risk analysis and management
    • Risk
    • Benefits
    • Bid and project risk management – an important distinction
    • Phases of risk management
    • Risk identification
    • Analysis
    • Modelling
    • Planning and management
    • The Risk Register
    • Applicability
  • Self-assessment questions for Module 6
• MODULE 7: Risk Management: Pre-Contract Risk, Technical Risk and Financial Risk
  • Pre-contract risk
    • The risk-risk scenario
    • Deciding to bid
    • Bidding
    • Pricing for risk
    • Risk review board
    • Making an offer
    • The priced list of risks
    • The risk or caveats register
    • An effective contract
    • Throwing it all away
    • Contract launch
  • Financial risk
    • Sources of financial risk
    • Sharing cost risk
    • The Do’s and Don’ts of Financial Risk
      • Risk - The customer will not pay
      • Risk - The customer cannot pay
      • Risk - Inflation increases cost
      • Risk - Foreign currency fluctuates adversely
      • Risk - The contract is terminated
      • Risk - Extraneous factors increase costs
      • Risk – Financial claims against the company
  • Technical risk
    • Do we want to take this risk at all?
    • Analysing the requirement
    • Options
    • Sharing the risk
    • The commercial engineer
    • The Do’s and Don’ts of Technical Risk
      • Risk – The requirement is ill-defined
      • Risk – The requirement keeps changing
      • Risk - The work takes longer than expected
      • Risk – The work never finishes
      • Risk – Performance failure
      • Risk – Customer provided information, material or facilities inadequate
      • Risk – Subcontractor work will not integrate
  • Self-assessment questions for Module 7
• MODULE 8: Risk Management: Time Frame Risk, Supplier Risk and Post Delivery Risk
  • Time frame risk
    • Bidding compliant delivery
    • The time frame obligation
    • Time is of the essence
    • Consequences of delay
    • Liquidated damages
    • Force majeure
    • Delivery incentives
    • The Do’s and Don’ts of Time Frame Risk
      • Risk – The customer delays the work
      • Risk – Suppliers delay the work
      • Risk – The company delays the work
      • Risk – Force Majeure delays the work
      • Risk – The threat of termination
      • Risk – The threat of damages
  • Supplier risk
    • For the want of a nail!
    • Suppliers and subcontractors
    • Out-sourcing benefit v risk
    • The do’s and don’ts of supplier risk
      • Introduction
      • Risk – Consequences of supplier failure
      • Risk – Supplier is late
      • Risk – Suppliers good are unfit after delivery
      • Risk – The supplier goes out of business
      • Risk – You don't know what the supplier is doing
      • Risk – The supplier fails to accord the order any priority
      • Risk - The supplier breaches confidentiality
      • Risk – The supplier damages your property
      • Risk – Supplier puts the work elsewhere
      • Risk – The supplier causes breach of contract
      • Risk – The suppliers goods are no longer wanted
    • Other risks
  • Post-delivery risk
    • Is there life after delivery?
    • Key contractual milestones
    • Residual obligations and risks
    • Pricing
    • Account management
    • The do’s and don’ts of post-delivery risk
      • Risk – The goods are not accepted
      • Risk – The goods are rejected
      • Risk – Property does not pass
      • Risk – The goods are lost or damaged in transit
      • Risk – The goods are fail after delivery/acceptance
      • Risk– Technical data must be handed over
      • Risk – Breach of third party IPR
      • Risk – A third party is injured
  • Self-assessment questions for Module 8
• Final assessment
• Course evaluation

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