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DRF303-1

1 Week Training Program

Drafting Enforceable Project Contracts & Conditions

Building Skills in

  1. Using Standard Contracts & Conditions

  2. Preparing Project Special Contract Conditions

  3. Drafting Rules for Effective Risk Transfer

  4. Ensuring Drafted Contract Does Not contain Counter-productive Progress Disruptive Contract Administration Requirements

www.eurotraining.com/bro/drf303-1.php

1 Week Training Programs

9-13 Sept 2024
New Delhi
30 Sept-4 Oct 2024
Dubai
7-11 Oct 2024
Kualalumpur
29 Oct- 2 Nov 2024
New Delhi
18-22 Nov 2024
London
18-22 Nov 2024
New York
2-6 Dec 2024
Seattle, USA
16-20 Dec 2024
London
30 Dec 2024- 3 Jan 2025
Dubai
6-10 Jan 2025
Kualalumpur
20-24 Jan 2025
Dubai
3-7 Feb 2025
London
17-21 Feb 2025
New York
2-6 March 2025
Seattle, USA
16-20 March 2025
Istanbul
30 March-3 April 2025
New York
13-17 April 2025
Dubai
27 April-1 May 2025
Kualalumpur
11-15 May 2025
London
25-29 May 2025

Useful Links


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What is Covered in this Program

  1. 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.
  2. 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.
  3. Generally higher the risk assigned to the contractor higher the bids one receives.
  4. 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.
  5. This program aims to develop understanding, competencies, and skills in the above areas.
  6. 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

Who Should Attend

  1. This program is intended for Legal, Contract Drafting, Contract Administration and Project Technical Staff contributing to the Contract Drafting Process.
  2. This program is also intended for Professionals involved in Approving, Managing and Auditing these contracts.

Program Content & Modules

Drafting Enforceable Project Contracts & Conditions


  1. Business Aspects of Outsourced Project and Contracts
  2. Project Stakeholders & Their Expectations
  3. Legal Rules for Interpreting Drafted Clauses
  4. Expressed and Implied Contractual Responsibilities.
  5. Responsibilities of the Parties
  6. Changes Doctrine.
  7. Notice Requirements including when waived.
  8. What is "Fair and Reasonable"
  9. Risks on Projects
  10. Legal Default Distribution of Project Risks between the Parties
  11. Project Contracts Define Who will be Responsible for Which Risks
  12. Leveraging Data Analytics for Drafting Contracts
  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. External Knowledgebase for Drafting Contracts
  21. Leveraging Artificial Intelligence Methods for Better Contract Conditions
  22. Draft the Changes or Additional Clauses List to Incorporate Project Objectives
  23. Benchmark Provisions for Similar Risks in International Benchmarked Contracts
  24. Modify the Clause Closest to the Same Risk Transfer Clause
  25. Validate the Drafted Clause by Testing Against the Rules of Contract Interpretation
  26. Peer Review of Drafted Clauses
  27. Drafted Contract Review by the Internal Stakeholders
  28. Final Version of Contract Issues for use in Project Procurement ProcessProgram Recommendations & Next Steps
  29. Participant Customized Outline Action Plan

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