Specific Job Related Process Knowledge and Skills
Including Leveraging the Best of Digital Transformation, Data Analytics and Artificial Intelligence AI on his Job
Including Leveraging the Best of Digital Transformation, Data Analytics and Artificial Intelligence AI on his Job
DRF303-2
2 Weeks of Process Good & Best Practices
Contract Drafting & Negotiation Processes
Building Hands-on Skills & Competencies in
Ensuring Enforceability, Desired Performance, Effective Risk Transfer
Drafting Effective Project, Services and Procurement Contracts
- Using Standard Contracts & Conditions
- Preparing Project Special Contract Conditions
- Drafting Rules for Effective Risk Transfer
- Ensuring Drafted Contract Does Not contain Counter-productive Progress Disruptive Contract Administration Requirements
www.eurotraining.com/bro/drf303-2.php
2 Week Training Programs
Seattle, USA
| London
|
Dubai
| Kualalumpur
|
Dubai
| London
|
New York
| Seattle, USA
|
Istanbul
| New York
|
Dubai
| Kualalumpur
|
London
|
Useful Links
What is Covered in this Workshop?
This Project Contract Drafting & Negotiating Process Workshop Training Workshop Builds Professionals who have the Understanding, Process Knowledge, Processes, Competencies, Management Insights, including Leadership, they will need to become True Expert Professionals in this area. This Work Processes Good and Best Practices program provides the Project Contract Drafting & Negotiating essential Understanding, Interpretation Rules, Competencies, Processes, Contract Knowledge and Management Guidance to perform his Project Contract Drafting & Negotiating in an effective, efficient, customer focused manner, always targeting for Protecting his Organization, Win-Win, Meeting Project Objectives and Organizational Strategic Objectives.
Program Topics mentioned here will be discussed in great detail during the 2 weeks, to ensure the participant gains a full Multi-Discipline Multi-Stakeholder Understanding of the Project Contract Drafting & Negotiating. Project Plans have Many Associated Risks that cause uncertainty in ultimate time and cost.
Most of the Risks are known but the probability of occurrence varies with the actual project details and circumstances. Some party has to take these risks and allow contingencies for them in his budgets and plans. Who takes which risks and to what extent is defined in the drafted contract conditions.
Standard Contract Conditions for Particular Type of Works have been prepared by various professional organizations (like FIDIC) and large Organizations (like Worldbank) that assign the known usual risks between the parties based on criteria including: fairness, practical quantifiability, capacity to bear the risk and company contracting policy. Generally higher the risk assigned to the contractor higher the bids one receives. Then there arise issues regarding enforceability of the Contract Conditions.
Local Laws and Legal Interpretations may not allow certain risks to be transferred on the contractor, or may require special tests to determine whether the actual risk was enforceably transferred. Any drafted contract risk transfers must meet these legal tests.
This Work Processes Good and Best Practices program aims to develop understanding, competencies, and skills in the above areas. This Job Process Competency program will help the drafter make decisions about the risks to be transferred to the other party based on Capacity of Parties to Bear the Risk and Motivation of the Owner to pay more through the bidding process for more risks taken by the contractor
This Project Contract Drafting & Negotiating Process Workshop Training Workshop Builds Professionals who have the Understanding, Process Knowledge, Processes, Competencies, Management Insights, including Leadership, they will need to become True Expert Professionals in this area. This Work Processes Good and Best Practices program provides the Project Contract Drafting & Negotiating essential Understanding, Interpretation Rules, Competencies, Processes, Contract Knowledge and Management Guidance to perform his Project Contract Drafting & Negotiating in an effective, efficient, customer focused manner, always targeting for Protecting his Organization, Win-Win, Meeting Project Objectives and Organizational Strategic Objectives.
Program Topics mentioned here will be discussed in great detail during the 2 weeks, to ensure the participant gains a full Multi-Discipline Multi-Stakeholder Understanding of the Project Contract Drafting & Negotiating. Project Plans have Many Associated Risks that cause uncertainty in ultimate time and cost.
Most of the Risks are known but the probability of occurrence varies with the actual project details and circumstances. Some party has to take these risks and allow contingencies for them in his budgets and plans. Who takes which risks and to what extent is defined in the drafted contract conditions.
Standard Contract Conditions for Particular Type of Works have been prepared by various professional organizations (like FIDIC) and large Organizations (like Worldbank) that assign the known usual risks between the parties based on criteria including: fairness, practical quantifiability, capacity to bear the risk and company contracting policy. Generally higher the risk assigned to the contractor higher the bids one receives. Then there arise issues regarding enforceability of the Contract Conditions.
Local Laws and Legal Interpretations may not allow certain risks to be transferred on the contractor, or may require special tests to determine whether the actual risk was enforceably transferred. Any drafted contract risk transfers must meet these legal tests.
This Work Processes Good and Best Practices program aims to develop understanding, competencies, and skills in the above areas. This Job Process Competency program will help the drafter make decisions about the risks to be transferred to the other party based on Capacity of Parties to Bear the Risk and Motivation of the Owner to pay more through the bidding process for more risks taken by the contractor
Who Should Attend
This Work Processes Good and Best Practices program is intended for Legal, Contract Drafting, Contract Administration and Project Technical Staff contributing to the Contract Drafting Process.
This Work Processes Good and Best Practices program is also intended for Professionals involved in Approving, Managing and Auditing these contracts.
This Work Processes Good and Best Practices program is intended for Legal, Contract Drafting, Contract Administration and Project Technical Staff contributing to the Contract Drafting Process.
This Work Processes Good and Best Practices program is also intended for Professionals involved in Approving, Managing and Auditing these contracts.
Program Content & Processes
Contract Drafting & Negotiation Processes
Business Aspects of Outsourced Project and Contracts
Project Stakeholders & Their Expectations
Legal Rules for Interpreting Drafted Clauses
Expressed and Implied Contractual Responsibilities.
Responsibilities of the Parties
Changes Doctrine.
Notice Requirements including when waived.
What is "Fair and Reasonable"
Risks on Projects
Legal Default Distribution of Project Risks between the Parties
Project Contracts Define Who will be Responsible for Which Risks
Leveraging Data Analytics for Drafting Contracts
How Risks are transferred. What Risks can not Normally be Transferred? Means of Coordinating. When Risk Transfer is Really Complete?
Transferring Specific Risks:
(1) Co-ordination of Contractors on Site
(2) No-Damage-For-Delay-Clause
(3) Project Schedule
(4) Liquidated Damages
(5) Unforeseen Site Conditions
(6) Variation Orders
(7) Right to Terminate
(8) Dispute Resolution
(9) Keeping appropriate Records
(10) Inspection of Works
(11) Safety Related Specific Requirements
(12) Price Fluctuations
(13) Exceptional Weather Conditions.The Contract Drafting Process
Project Operational & Agreed Strategic Objectives to be Achieved on this Project
Analyzing the Clauses Addition or Changes to Incorporate the Project Objectives into the Draft Contract
Drafting Starting Point - A Most Appropriate Existing Standard Contract
Drafting the Special or Particular Conditions
External Knowledgebase for Drafting Contracts
Leveraging Artificial Intelligence Methods for Better Contract Conditions
Draft the Changes or Additional Clauses List to Incorporate Project Objectives
Benchmark Provisions for Similar Risks in International Benchmarked Contracts
Modify the Clause Closest to the Same Risk Transfer Clause
Validate the Drafted Clause by Testing Against the Rules of Contract Interpretation
Peer Review of Drafted Clauses
Drafted Contract Review by the Internal Stakeholders
Final Version of Contract Issues for use in Project Procurement Process
Update Contract Conditions based on relevant Bidder Queries, Bidder Site Visit Questions - Issue as Addendum
Workshop 1
Workshop 2
Building a Drafting Contracts Knowledge System
Leveraging Contract Administration Data and Lessons Learnt for Data Analytics and Artificial Intelligence Recommendations for Drafting Effective Contracts
Program Recommendations & Next Steps
Participant Customized Action Plan