Euro Training Global Limited / Ai Knowledge Systems Limited

2 Week Job Process Skills & Best Practices Training Workshop

Contract Drafting & Negotiating Processes

2 Week Training Programs

Covid 19 Times - Training Admissions
Worldwide Online Programs Start Every Sunday/Monday

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    • What is Covered in this Workshop?

    This Project Contract Drafting & Negotiating Process Workshop Training Workshop Builds Professionals who have the Understanding, Process Knowledge, Skills, Competencies, Management Insights, including Leadership, they will need to become True Expert Professionals in this area. This program provides the Project Contract Drafting & Negotiating essential Understanding, Interpretation Rules, Competencies, Skills, 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 program aims to develop understanding, competencies, and skills in the above areas. This 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

    1. Who Should Attend
    2. This program is intended for Legal, Contract Drafting, Contract Administration and Project Technical Staff contributing to the Contract Drafting Process.
    3. This program is also intended for Professionals involved in Approving, Managing and Auditing these contracts.
    4. Program Content & Modules
    5. Contract Drafting & Negotiating Processes
    6. Business Aspects of Outsourced Project and Contracts
    7. Project Stakeholders & Their Expectations
    8. Legal Rules for Interpreting Drafted Clauses
    9. Expressed and Implied Contractual Responsibilities.
    10. Responsibilities of the Parties
    11. Changes Doctrine.
    12. Notice Requirements including when waived.
    13. What is "Fair and Reasonable"
    14. Risks on Projects
    15. Legal Default Distribution of Project Risks between the Parties
    16. Project Contracts Define Who will be Responsible for Which Risks
    17. Leveraging Data Analytics for Drafting Contracts
    18. How Risks are transferred. What Risks can not Normally be Transferred? Means of Coordinating. When Risk Transfer is Really Complete?
    19. 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.
    20. The Contract Drafting Process
    21. Project Operational & Agreed Strategic Objectives to be Achieved on this Project
    22. Analyzing the Clauses Addition or Changes to Incorporate the Project Objectives into the Draft Contract
    23. Drafting Starting Point - A Most Appropriate Existing Standard Contract
    24. Drafting the Special or Particular Conditions
    25. External Knowledgebase for Drafting Contracts
    26. Leveraging Artificial Intelligence Methods for Better Contract Conditions
    27. Draft the Changes or Additional Clauses List to Incorporate Project Objectives
    28. Benchmark Provisions for Similar Risks in International Benchmarked Contracts
    29. Modify the Clause Closest to the Same Risk Transfer Clause
    30. Validate the Drafted Clause by Testing Against the Rules of Contract Interpretation
    31. Peer Review of Drafted Clauses
    32. Drafted Contract Review by the Internal Stakeholders
    33. Final Version of Contract Issues for use in Project Procurement Process
    34. Update Contract Conditions based on relevant Bidder Queries, Bidder Site Visit Questions - Issue as Addendum
    35. Workshop 1
    36. Workshop 2
    37. Building a Drafting Contracts Knowledge System
    38. Leveraging Contract Administration Data and Lessons Learnt for Data Analytics and Artificial Intelligence Recommendations for Drafting Effective Contracts
    39. Program Recommendations & Next Steps
    40. Participant Customized Action Plan

      Program General Methodology