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. Leveraging Data Analytics for Drafting Contracts
14. How Risks are transferred. What Risks can not Normally be Transferred? Means of Coordinating. When Risk Transfer is Really Complete?
15. 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.
16. The Contract Drafting Process
17. Project Operational & Agreed Strategic Objectives to be Achieved on this Project
18. Analyzing the Clauses Addition or Changes to Incorporate the Project Objectives into the Draft Contract
19. Drafting Starting Point - A Most Appropriate Existing Standard Contract
20. Drafting the Special or Particular Conditions
21. External Knowledgebase for Drafting Contracts
22. Leveraging Artificial Intelligence Methods for Better Contract Conditions
23. Draft the Changes or Additional Clauses List to Incorporate Project Objectives
24. Benchmark Provisions for Similar Risks in International Benchmarked Contracts
25. Modify the Clause Closest to the Same Risk Transfer Clause
26. Validate the Drafted Clause by Testing Against the Rules of Contract Interpretation
27. Peer Review of Drafted Clauses
28. Drafted Contract Review by the Internal Stakeholders
29. Final Version of Contract Issues for use in Project Procurement ProcessProgram Recommendations & Next Steps
30. Participant Customized Outline 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. Building relevant Understanding, Competencies & Process Knowledge.
2. Multi-discipline understanding of Program Topics.
   Means that post program when participant takes decisions, related to his work, participant will automatically and subconsciously consider and take into account (as applicable) Internal & External Customer Needs and Expectations, Operational & Strategic Objectives, Regulatory Aspects, Industry Standards, Technology Options, Understand Helpful Modern Tools and Methods, Understand Risks, Actions for Increasing Productivity, Legal & Contractual Aspects, Intellectual Property Aspects, Safety, Security, Audit, Cost Benefit Aspects, Value Engineering Opportunities, Key Performance Indicators, Meaningful Performance Evaluation System, and, Data Analytic Opportunities.
   This type of understanding and habit otherwise develops after years of rich and diverse work experience. (few get this opportunity)
3. Knowledge Framework outline which will enable the participant to understand and learn the right lessons from his own past, present and future on-the-job experience.
4. Training that will empower the participant to identify, support and implement improvements in his work area, team, section, department, and organization.

This 1 Week Training Program participant will typically take away...

1. Program related knowhow, skills, competencies and process knowledge.
   This program will use case studies and benchmarked Good and Best Practices to enhance participant understanding and competencies.
2. Domain Knowledge and process knowledge.
   The participant will become empowered and should become more Productive, Effective, Efficient, Customer Focused and Strategic Focused.
   At the end of the program, the Participant will prepare a Customized Outline Action Plan which will serve as the roadmap to implement some key improvements in his work area.

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

• Euro Training programs are different. They develop practical Job Skills.
  This program is designed to make the participant aware of the domain processes, multi-discipline skills and competencies related to his job responsibilities.
  Each program is customized and made useful for the particular participant group, our target is 90%+ topics directly applicable to the work today or in future.
  Benefits you may see in participant post program...
• Inclination to Recognize his stakeholders, and their needs & expectations. He will also get understanding of how to analyze to find ways to exceed customer expectations and delight the customers.
• High level Job skills & competencies
• Taking Initiative to Propose Improvements in Work Responsibility Area.
• Further, this program will Build Multi-Discipline Understanding, Skills and Competencies including (as relevant)...
• Increased Technical and Process Knowhow
• Awareness to the Need to align performance to the Needs and Expectations of Stakeholders/ Customers (internal & external)
• Awareness of the Need to Align performance to Organizational Operational and Strategic Objectives.
• Understanding Domain Good Management Practices, and, Awareness to meet Requirements and Recommendations of the Relevant Industry and Professional Standards.
• Awareness to consider for possible application the Best Benchmarked Domain Practices that can assist making Dramatic Process Improvements.
• Type of improvements the participant will be trained to analyze and implement include (as relevant) Productivity Improvements, Product and Service Differentiation and Exceeding Stakeholder & Customer Expectations.
• Euro Training Instructors often act as mentors for participants (solely subject to instructor approval). Your participants can utilize this free service to ensure effective post program reinforcement and help when applying the ideas, skills and competencies acquired during the training.

1. First, and most important benefit, is the positive self-esteem that will come from being able to do your work right first time and meet internal and external customer expectations.
2. Second, the Program developed Understanding, Skills & Competencies will help you successfully present your professional and Team skills at Job Interviews and Internal Performance Evaluation Reviews.
3. You gain a clear direction for analyzing, proposing and implementing improvements in his work area.
   The outline action plan you prepare and take away after the program will help you take improvement initiatives 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.
4. Post program when you take decisions related to your work processes you will automatically consider (as applicable): Internal & External Customer Needs and Expectations, Technology Options, Helpful Tools and Methods, Consider Risks, Mitigate Risks, Take Actions that Increasing Productivity, Consider Legal & Contractual Aspects, Consider Intellectual Property Aspects, Pay attention to Safety and Security, Consider future Audit, Weigh Cost Benefit between options, Be Mindful of Key Performance Indicators (KPIs), Consider how Performance will be evaluated, and, Consider need for and Opportunity to Develop a Decision Support Knowledge Base, .... (and possibly more multi-discipline aspects).

Team Nominations : Team Nominations: It is recommended that your organization nominate at least two participants together for this program. This will help the participants create a Critical Mass for the Change and enable the participants to support each other during implementations of the program recommendations and the other methodologies learnt during the program.

Single Nominations will also be accepted for the program.

Single participant nominations will be useful where the objective is to:-

1. Refresh and Upgrade Relevant skills, make the participant familiar with the Relevant Latest Tools, Techniques and Methods. Single participants can also be considered where the objective is to quickly bring the employee up to level required for independent productive working.
2. Train promising experienced employee to take on Mentoring/ Instructor roles in program knowledge area.
3. Train individuals for Leadership Role in his Team, 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 this program.

• Classroom Training £4,315 (USD $5,500) per participant. Online eTraining Fee £3,000 (USD $3,750) per participant.
• Training and Workshop Materials are included in the Fees. These training materials can also be purchased separately for £1000 ($1,250) each set for your Library 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.