Contractual mistakes cost organisations countless thousands, even millions of dollars. In the engineering environment, the role of contract reviewer, manager or even drafter is often fulfilled by an engineer who has little or no legal training. If your role involves managing, reviewing or entering into contracts, a proper understanding of contract law is an essential part of your risk mitigation.
Project Victor’s Contract Management for Non-Lawyers will give you the practical tools and understanding to mitigate contractual risks, effectively draft content and lock-in contracts that promote best outcomes for your company. In this two day workshop you will learn how contracts are entered into, what happens when they are breached, and how each party can protect its own interests while promoting the aims of the project.
Select and Register for Contract Management for Non-Lawyers
Course Schedule Shortly Updated Soon...
What You Get in Class
- A comprehensive set of workshop notes will be issued to every attendee.
- Project Victor Course completion certification
- 2-Days at a reputable hotel that includes 2 coffee breaks and International Buffet lunch
- Pens, Pencils, Markers, Eraser
Common and Civil Law Approach
This workshop is presented in Thailand, which takes a civil law approach to contracting. However, the organisers recognise that delegates may come from, or be working in other countries in the region, where a common law approach is followed. The workshop will therefore cover both common law and civil law principles.
Our instructor has a BA, LLB degree from Wits and an LLM (cum laude) from RAU. She also has a second LLM in advanced contract law from Wits and an MA from the Victoria University, Wellington. She has completed the Association of Arbitrators’ specialization in construction law and the Higher Diploma in Arbitration and was tutor for the Association’s well respected courses. She has taught law for more than twenty years and has written training courses, manuals and seminar notes for the construction and other industries. She has lectured law both to lay people and law students and has conducted numerous training seminars for the construction industry. She provides ongoing consulting services to private firms and government.
She has a particular interest in risk allocation in standard construction contracts, and the FIDIC Contracts in particular. She has provided training on these matters in Africa, the Pacific, and Australasia. She is an associate member of the Arbitrators’ and Mediators’ Institute New Zealand and a member of the Society of Construction Law, New Zealand.
Two Days (equivalent to 14 Contact Hours or Professional Development Units (PDUs) )
Hands On, Interactive Presentation
This workshop is designed around case studies and practical examples. Delegates are encouraged to discuss matters, raise questions with the presenter and work out practical solutions to practical problems. Through a combination of lectures, discussion and hands on problem solving, this workshop will provide a thorough, comprehensive understanding of contract law principles at work.
Introduction and Project Management Concepts
Participants in this course should gain an understanding of:
- How civil law and common law approaches to contracting differ.
- What is required to create a binding, enforceable contract.
- Tendering pitfalls and how to overcome them.
- Common problematic clauses and the risks they present.
- Common clauses which shift risk.
- Breaches of contract and the remedies available for breach.
- Entering into a contract on behalf of a company.
- Dealing with disputes.
Basics of contract law, drafting and formation
- Where contracts fit into the overarching legal framework – which laws we can amend through our contract and which we cannot
- Common myths and false assumptions about contracts
- Understanding when a contract is in place
- Elements of contract including
- Offer, acceptance, consideration, intention, legality, capacity to contract
Best practice tendering and procurement processes
- Common legal and probity risks in procurement – Identifying the potential issues
- Recent case law on tendering and what this means for you
- The ‘process contract’ – what this is, when this is created, and what this means as a matter of practicality
Interpreting and applying contracts
- Principles of interpretation
- Priority of documents clauses
- Amending standard form contracts
- Communications and notices including:
- Proper form of communications
- Serving notices under the contract
- Use of emails and other electronic communication
- Privity of contract
- Transferring rights and obligations:
- Cession, novation, assignment and delegation.
- Changing the parties to the contract
Problematic contractual clauses and mitigating risk
- Overcoming problems by identifying and understanding difficult clauses
- Dealing with breach of contract including:
- Damages, liquidated damages, penalties
- Orders for specific performance
- Limitations of liability and exclusion of liability.
- Dealing with breach of contract including:
- Cancellation for convenience
- Force majeur, impossibility and frustration
Dispute resolution and resolving contractual breaches
- Understand the remedies available and the different methods of dispute resolution when things go wrong
- Alternative Dispute Resolution (ADR) – how to avoid going to court and costly litigation
Project Victor is a leading Project Management Training and Consulting services provider in Thailand and South East Asia.
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