Drafting Enforceable Project Contracts & Conditions

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

This program is intended for Legal, Contract Drafting, Contract Administration and Project Technical Staff contributing to the Contract Drafting Process.

This program is also intended for Professionals involved in Approving, Managing and Auditing these contracts.

1. Drafting Enforceable Project Contracts & Conditions
2. Business Aspects of Outsourced Project and Contracts
3. Project Stakeholders & Their Expectations
4. Legal Rules for Interpreting Drafted Clauses
5. Expressed and Implied Contractual Responsibilities.
6. Responsibilities of the Parties
7. Changes Doctrine.
8. Notice Requirements including when waived.
9. What is "Fair and Reasonable"
10. Risks on Projects
11. Legal Default Distribution of Project Risks between the Parties
12. Project Contracts Define Who will be Responsible for Which Risks
13. How Risks are transferred. What Risks can not Normally be Transferred? Means of Coordinating. When Risk Transfer is Really Complete?
14. 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.
15. The Contract Drafting Process
16. Project Operational & Agreed Strategic Objectives to be Achieved on this Project
17. Analyzing the Clauses Addition or Changes to Incorporate the Project Objectives into the Draft Contract
18. Drafting Starting Point - A Most Appropriate Existing Standard Contract
19. Drafting the Special or Particular Conditions
20. Draft the Changes or Additional Clauses List to Incorporate Project Objectives
21. Benchmark Provisions for Similar Risks in International Benchmarked Contracts
22. Modify the Clause Closest to the Same Risk Transfer Clause
23. Validate the Drafted Clause by Testing Against the Rules of Contract Interpretation
24. Peer Review of Drafted Clauses
25. Drafted Contract Review by the Internal Stakeholders
26. Final Version of Contract Issues for use in Project Procurement Process
27. Update Contract Conditions based on relevant Bidder Queries, Bidder Site Visit Questions - Issue as Addendum
28. Build a Knowledgebase of Special Conditions of Contract for Future Drafting Effectiveness and Productivity
29. Build a Knowledgebase of Drafting Contract Inhouse Human Expertise
30. Program Recommendations & Next Steps
31. Participant Customized Detailed Action Plan

Program General Methodology





































































































































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Euro Training is in the business of providing

1. Knowhow and Technology Transfer to the Participants.
2. Multi-discipline understanding, skills, competencies and step-by-step analytic understanding of the program topics and issues (this understanding would otherwise have come from years of very rich work experience).
3. Knowledge framework which will enable the participant to catch his own past/present/future job related experience and understand its relevance to the job decisions.
4. Training that empowers the participant to identify, support and implement improvements in his job, team, section, department or organization.

A 6 Day program participant will take away

1. A Multi Discipline Knowledge Framework that will help the participant make sense of, put in the proper context and learn from his previous, present and future experience on the work. He will also take away Program (Instructors) Recommendations and an Outline Action Plan. The Action Plan provides a Road Map for Implementing (in his work) what he has learnt during the program.
2. The Six day program add a 1 day workshop to the 1 week (5 day) program. This workshop helps the participant apply (hands on) what he has learnt during the first 5 days of the program. The workshops typical help convert the various program learnings into an Outline Action Plan.

(Benefits Made possible by Euro Training's unique, multidiscipline, customer focused easy to understand and apply training methodology that relies on Industry Good and Best Practices)

• This training is an effective way to quickly make the participant competent, effective and productive on his job. Each program is customized and made useful for...
• Training new employees to get them productive quickly on relevant jobs
• Existing Employees Transferred to a New Training Program Relevant Assignment or being prepared for such an assignment as part of his career development
• Team Building Training Just Prior to a Relevant New Project, New Initiative, New Technology, New System, New Improvement, New Emphasis or New Strategy being Planned or Implemented in the Organization (requires sending 2 or more team members together to the same program at the same location and dates)
• Create Competency and Skills in participant to incorporate in his job performance (as relevant and to the depth allowed by the program duration)...
• Technical and Process Knowhow
• Alignment to the Needs and Expectations of Stakeholders/ Customers (internal & external)
• Alignment to Organizational Strategic Objectives
• Good Management Practices meeting Recommendations and Requirements of the Relevant Industry Standards
• Best Practices that assist Making Dramatic Improvements, including as relevant, Productivity Improvements, Product and Service Differentiation, Big Performance Improvements and Generally Exceeding Stakeholder/ Customer Expectations
• Create a pool of trained (instructor) manpower that can cost-effectively disseminate the program knowhow to a large number of employees inside the organization. (We recommend attending the 2 to 4 week program version if this is the primary objective)
• Euro Training Instructors often act as mentors for your employees who have attended our training programs. Your organization or the individual participant can utilize this service to ensure effective post program reinforcement and application of skills and competencies acquired during the training - to develop his career and performance further. (This depends on the relationship you participant builds with the Instructors. Please inquire about our post program mentoring plans)

1. As a participant you gain a multi-discipline understanding of the issues, analysis competency and methods relevant to your program topics and modules. This means that you will be able to understand and perform your relevant job like a Professional and Not like a Just-Graduated-Professional/Teenager/Novice. In other words this means post program when you take decisions related to your work you will start considering your work's Implications on (as applicable): Technology Options, Risks, Needs and Expectations of the different stakeholders; Strategic Alignment, Work Productivity, Legal & Contractual Obligations, Intellectual Property Aspects, Safety, Security, Audit, Cost Benefit Aspects, Value Engineering Opportunities.... and more as relevant.
2. The action plan outline you prepare and take away after the program will help you take initiative and make a positive difference in your performance on the job, team, business unit or organization. This difference after implementation and when added to your resume will make you a prime candidate for career advancement in your own organization or in your next job/s.
3. Implementing what you learn in the program will lead to providing you a feeling of Job Satisfaction, Self Esteem and reduce Monday Morning Blues.
4. The program ensures you will learn about and understand the Strategic Alignment Aspects of your job (as relevant) and in the process enable you to make a leadership contribution in your work area, team or organization.

Team Nominations : Team Nominations (training teams): If the post program objective is to Assign the Participants to Roles that require (any of): Implement Changes requiring Establishing Teams, Work on New Projects, eEnable Existing Processes, Implementing a Relevant Data Analytic Project, Building a Knowledge System, Building a Quality Assured System, Adopting and/or Implementing ISO9001 or other Industry Standards, Setting-up KPI's or Service Level Agreements (SLA's), Setting up a Balanced Score Card System, Setting Up an Early Warning System... it is recommended that the organization nominate at least two participants together for this program. This will help the participants create a Critical Mass for the Change and support each other during such implementations.

Single Nominations will also be accepted for the program.

Single participant nominations can be made where the objective is to:-

1. Refresh and Upgrade skills, analytic abilities and competencies of existing employees, or, Develop relevant skills, analytic abilities and competencies in new employees assigned these responsibilities.
2. Training promising experienced employee to take on Mentoring/ Instructor roles in this knowledge area.
3. Train individuals for Leadership Role in Teams, Section, Business Unit, Department or Organization.

All Programs are in English. Arabic Language Support is also Available. French and Spanish Translation Service is available by prior arrangement.

Certificate of attendance is awarded to all Participants attending and on payment of program fees. Further, if you attend a 3 or 4 week training program (including cumulatively 3 weeks over a 3 year period) you can sit for a Certification Test. On successful passing the Test and on instructor favorable personal assessment you will be Certified as a Relevant Industry Professional. The decision of Euro Training Limited will be final in determining if you have Acquired the required competency to be Certified as such a Professional. Should you fail to get Certified the instructor may recommend further training or study before a redetermination may be made regarding your Certification. Professional Certifications are valid for 5 years.

• USD $6,500 per participant for the 6 day Program (Part Scholarships are available for deserving participants on Merit-cum-Means Basis). Training Fee at UAE and India locations is $5,500 per participant.
• Training and Workshop Materials are included in the Fees. These training materials can also be purchased separately for $2,000 each set for your Libraries or Internal Training Needs.

1. To register: Please send us an official letter confirming registration (on organizational letterhead). And send us a completed registration form –electronically fill-able is at- available at http://www.eurotraining.com/etl-reg.php You can request or registration form by Emailing regn@eurotraining.com and eurotraining@gmail.com
2. For Program Fee Information Email: fees@eurotraining.com . Fees are Payable by Bank Transfer or Bank Draft. Fee information is available at: http://www.eurotraining.com/fees.php .
3. Program Fee is
   • 1 week (5 day/30 hrs) Training Program:
     At Dubai, Kuwait, New Delhi, Qatar £4,315 (USD $5,500) per participant.
     At London, US Locations, Europe, Malaysia, Singapore £4,747 (USD $6,050) per participant.
     Online eTraining Fee £2,000 (USD $2,500) per participant.
   • 6 day (36 hrs) Training Program (includes 1 day workshop): At Dubai, Kuwait, New Delhi, Qatar £5,100 (USD $6,500) per participant.
     At London, US Locations, Europe, Malaysia, Singapore £5,610 (USD $7,150) per participant.
     Online eTraining Fee £2,500 (USD $3,125) per participant.
   • 2 week (60 hrs) Training Workshop (includes 1 week workshop):
     At Dubai, Kuwait, New Delhi, Qatar £6,990 (USD $8,900) per participant.
     At London, US Locations, Europe, Malaysia, Singapore £7,689 (USD $9,790) per participant.
     Online eTraining Fee £3,500 (USD $4,375) per participant.
   • 3 week (90 hrs) Advanced Training Program (includes 1 week training + 1 week workshop + 1 week advanced training) (if available):
     At Dubai, Kuwait, New Delhi, Qatar £10,840 (USD $13,800) per participant.
     At London, US Locations, Europe, Malaysia, Singapore £11,924 (USD $15,180) per participant.
     Online eTraining Fee £5,000 (USD $6,250) per participant.
   • 4 week (120 hrs) Professional Certification Training Workshop (includes 1 week training + 1 week workshop + 1 week advanced training + 1 week domain professional skills)(if available):
     At Dubai, Kuwait, New Delhi, Qatar £13,990 (USD $17,800) per participant.
     At London, US Locations, Europe, Malaysia, Singapore £15,389 (USD $19,580) per participant.
     Online eTraining Fee £6,000 (USD $7,5000) per participant.
   and includes Course Materials, Certificate, Refreshments and Lunch (classroom programs). www.eurotraining.com/admin/fees.php)
4. Accommodation is not included in Program fee. Special rates will be available at venue hotel for the class room training program participants.
5. Special discount of 10% is offered for participants who pay their fees at least 45 days before start of the program.
6. Refund will not be considered where the participants cancels his registration less than 3 weeks before start of the program. Alternate nominations will be allowed anytime before program start. In case of exceptional hardship or emergency participant may be allowed to attend at another location.
7. All participants are required to fill in Participant Information form - on first day of the program. Each program Undergoes Customization to Better Meet Participant Present and Future Career Needs. Please be prepared to let the Instructor/s know about your organization's Special Needs, Interests or Initiatives.
8. It is always useful for participants to bring their existing problems or case studies, work-process flow charts or job related problems for discussion - consideration will be at sole discretion of the program director/s.
9. Provisional Registration : You can make a provisional registration by sending us an email – an official registration request can be made within 2 weeks. This will ensure we will reserve a seat. If The official registration request is not received within 2 weeks or at least 2 weeks before program start this provisional registration is automatically cancelled – we do request you to infrom us asap you have decided either way. All provisional registrations automatically cancel 2 weeks before program start.
10. Information required for Provisional Registration: Program Title, Location, Dates, Your Organization Name, Your Email Address, Your FAX No and your Mobile Number.