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LINECourse Description
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
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.
Instructor
Our instructor is a structural engineer and has spent over 30 years as a professional consultant and owner representative for projects in Thailand and several countries. He is a Chulalongkorn University graduate with a Bachelor’s Degree in Civil Engineering and holds a Masters’ Degree in Computer and Engineering Management. His working experiences span design, construction supervision, and project management for various types of projects. Apart from many large-scale residential, commercial, and multi-use projects, he has worked for two mega-projects in Thailand: the first Bangkok Underground Metro and Suvarnabhumi Airport. With his versatile qualifications, he has also taken challenges to handle construction projects in London, Dubai, Mumbai, and Hokkaido. He is a Committee Member of the Consulting Engineers Association of Thailand (CEAT), the Working Committee for the Federation of Thai Industries (FTI), and the Expert Panel for the National Research Council of Thailand (NRCT).
Delivery Method
Instructor led, group-paced, classroom-delivery learning model with structured hands-on activities.
Course Duration
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
Course Objectives
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.
Agenda
TOPIC 1
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
TOPIC 2
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
TOPIC 3
Interpreting and applying contracts
- Principles of interpretation
- Priority of documents clauses
- Amending standard form contracts
TOPIC 4
Contractual Relationships
- 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
TOPIC 5
Problematic contractual clauses and mitigating risk
- Overcoming problems by identifying and understanding difficult clauses
- Dealing with breach of contract including:
- Termination
- 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
TOPIC 6
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.
PMP® is the registered marks of the Project Management Institute, Inc.
Download detailed course syllabus
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