Programme Outline
Day 1
What is the “deal” behind the contract, and how do you get there?

• What constitutes a contract?
• How to structure commercial arrangements
• Innovative commercial solutions (e.g. Partnering, “BOOT” contracts etc)
• How to negotiate a contractual structure
• Basic techniques for negotiation
• How to document discussions
• Relationship between negotiation and contract drafting
• Closing a deal
• Dealing with difficult negotiators

Day 2
Drafting contracts

• Using standard forms
• Developing your own standards
• Modifying forms
• Dealing with contract qualifications and amendments
• Structuring complex documents

Negotiating contracts

• “Level playing field” issues – how to be fair to more than one bidder
• Dealing with errors in a bid
• Negotiating complex wording
• Formalities to finalise the contract
• Authority to sign

Day 3
Drafting specific clauses

• Performance of the work
• Title
• Risk
• Intellectual property
• Variations
• To the contract
• To the scope of work
• Extension of time
• Force majeure
• Time for completion
• Liquidated damages and penalties
• Acceptance and testing
• Termination and suspension
• Law of the contract and dispute resolution

Day 4 
Management of contracts

• Risk assessment and management
• Kick-off meetings
• Assignment of responsibilities
• Setting and managing expectations
• Planning
• Reporting – being realistic with requirements
• Progress meetings and expediting
• Dealing with defaults
• Dealing with external factors (e.g. force majeure)
• Recognising and managing change
• To the contract terms
• To the scope of work
• Payment issues – including international trade
• Close out
• Lessons learned

Day 5
Dealing with disputes

• Recognising potential problems
• Dealing with issues as they arise
• Legal rights and commercial outcomes distinguished
• Negotiation structures for internal dispute resolution
• Types of external dispute resolution
• Litigation
• Arbitration
• Adjudication
• Expert Determination
• Mediation
• Issues with different legal systems
• Enforcement of awards
• Management of disputes
• Avoiding disputes in the first place