This Project Contract Drafting & Negotiating Professional Certification Program is designed to equip participants with the knowledge and skills necessary to become competent professionals in this key project sector. The program offers comprehensive multi-discipline training in various Project Contract Drafting & Negotiating methodologies, technologies, digital transformation, Data Analytics and AI Leveraging, project management, policy frameworks, and sustainable practices. It aims to address the increasing global demand for skilled individuals capable of driving the business and industrial needs including digital transformation.
To earn the Project Contract Drafting & Negotiating Professional Certification, participants will be required to undergo a comprehensive assessment that may include written exams, practical projects, and presentations. The evaluation process ensures that candidates have acquired the necessary theoretical knowledge and practical skills to work effectively in the Project Contract Drafting & Negotiating industry.
Benefits of the Program: Acquire a broad and practical understanding of Project Contract Drafting & Negotiating methodologies, technologies, Gain expertise in Project Contract Drafting & Negotiating implementation development and management, Enhance employability and career prospects in Project Contract Drafting & Negotiating sector, Contribute to industry standards, good and best practices, Network with industry professionals and experts, and, Access resources and opportunities for further professional development.
Insights and Experiences of experts and professionals from the Project Contract Drafting & Negotiating sector will be shared with the participants. These inputs offer valuable industry perspectives, and foster a deeper understanding of the current trends and challenges in the field.
During the Program participants will undertake a capstone project that integrates the knowledge gained throughout the program. They will undertake a Project Contract Drafting & Negotiating project, plan it from A to Z, analyze its benefits, check strategic alignment, consider Return on Investment, consider societal implications, and propose a business plan. The capstone project serves as a practical demonstration of their abilities to apply learned concepts in real-world work scenarios.
To support flexible learning, the program may provide access to an online learning platform where participants can access course materials, lectures, discussion forums, and supplementary resources. This platform enables self-paced learning, allowing individuals to balance their studies with other commitments.
To ensure that Project Contract Drafting & Negotiating certified professionals remain up-to-date with latest advancements in the field, the program will require the participants to earn 1 week continuing education credits every three years. This Certification maintenance process supports ongoing professional growth and demonstrates a commitment to staying current in the field.
What is Covered in this Certification Workshop?
This Project Contract Drafting & Negotiating Professional Certification 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.
This is a comprehensive program. Program Topics mentioned here will be discussed in great detail during the 4 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
Who Should Attend?
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.
Program Content & Modules
Certified Project Contract Drafting & Negotiating Professional
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
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
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
Build a Knowledgebase of Special Conditions of Contract for Future Drafting Effectiveness and Productivity
Workshop 1
Settingup a System to Keep Informed of Changing Applicable Laws & Regulations
Creating a System to Ensure Compliance with all Applicable Laws & Regulations
Deeper Insights into Project Contract Drafting & Negotiating Professional Certification Content and Modules
Developing Competencies & Skills for Implementing Good & Best Practices for Project Contract Drafting & Negotiating Professional Processes
Developing a Project Contract Drafting & Negotiating Professional Performance Evaluation System
Developing Meaningful Project Contract Drafting & Negotiating Professional KPIs
Workshop 2
Project Contract Drafting & Negotiating Professional Knowledge System
Building a Project Contract Drafting & Negotiating Professional Knowledge System
Workshop 3
Preparing a Risk Analysis, Evaluation and Mitigation Plan for Possible Project Contract Drafting & Negotiating Risks
Developing an Early warning System for Emerging Project Contract Drafting & Negotiating Risks and Problems
Communicating, Briefing & Coordinating with Site Professionals regarding Project Contract Drafting & Negotiating Emerging Risks
Project Contract Drafting & Negotiating Administration Data Analytic System to Support Real Time or Near Real Time Decision Support
Workshop 4
Creating and Keeping Updating Project Contract Drafting & Negotiating Standard Operating Procedures SOPs
Building a Multi-Level Internal Project Contract Drafting & Negotiating Professional Skill & Competency System
Contract Drafting & Negotiating Professional Certification Tests
Contract Drafting & Negotiating Professional Certification Interview
Program Recommendations
Detailed Personalized Project Contract Drafting & Negotiating Improvement Action Plan