An Intensive 5-day Training Course
Advanced Contract Management and
A Practical Guide on Commercial and
Business Contracts
Course Introduction
This training course is designed to equip contract managers, legal officers, contract negotiators, administrators and anyone involved with legal contracts with a detailed understanding of commercial contracts, their management, remedies and damages.
Learning how to be a better legal and contract operational specialist will enable you to progress in your career, while permitting your organisation to gain the maximum benefit from your skills within your chosen sector.
This highly interactive training course is tailor-made for legal and contract management professionals in a variety of sectors and will help you to understand how successfully to maximise your business specialisms in some of the world’s most challenging environments.
Objectives
This training course will examine:
- A comprehensive legal overview, including an introduction to key definitions, structures and the various different forms of contract
- A detailed analysis of how a contract is formed
- The issues and challenges associated with the drafting and management of commercial contracts
- Procurement issues, contract award, closeout and handover
- Risk management, performance, conflict and change management
- An in-depth examination of contract enforceability
- Ways in which contracts can be avoided and remedies for breach
- The meanings and application of misrepresentation, termination and force majeure
At the end of this training course, you will learn to:
- Devise and draft a fully-featured, bullet-proof commercial contract
- Understand various remedies to enable the enforcement of contractual terms and conditions
- Appreciate the role of the Courts, arbitration and mediation in the interpretation of contractual terms
- Plan an exit from a commercial contract with minimal negative impact
- Predict and calculate various types and amounts of contractual and other damages
- How to interpret contractual terms to maximise organizational benefit
- Undertake effective contract handover, transition and closeout
- Solve common contract management problems, including risk transfer & mitigation
Training Methodology
Delegates will be involved in a highly interactive learning environment, learning how to identify the tips and tricks that professional contract writers & negotiators use to maximise the benefit to their organisation.
Training course methodology will include handouts, flipcharts, questions and participation from participants, as well as the course tutor posing a series of scenarios and both real-world & theoretical examples.
Organisational Impact
Organisations will gain the following from attendance by their key staff:
- An understanding of how to devise sector-specific contract frameworks
- An ability to implement their negotiating expertise
- How to address, transfer and mitigate critical risks
- Skills enhancement within the post-award contract management phase
- A greater insight into the legal workings of the commercial sector
- A specialist appreciation of each element of the commercial contractual process
- The difference between – and relevance of – primary legislation, secondary regulations and tertiary contractual obligations
- The trade-off and organisational balance between contractual and tortious obligations and liabilities in a commercial environment
Personal Impact
Participants will gain:
- An enhanced knowledge of legal theory, with direct practical relevance to the commercial environment
- An appreciation of legal and regulatory mechanisms affecting the commercial sector
- Practical understanding of how to apply their legal knowledge to their everyday contractual environment
- Which legal tools to leverage to give the best results in the commercial and contract management landscape
- The value of good legal knowledge in a practical environment
- How to deal with a contractual crisis, both pre and post-award
Who Should Attend?
The Oxford Management Centre training course is designed to benefit existing and newly appointed legal department personnel, directors and other staff in the commercial sector.
In particular, the following will find it invaluable:
- Those new to the commercial contract sector
- Existing personnel in the sector, who are migrating to a legal and/or contract related job role
- Contract or legal department staff looking to gain a greater insight into the sector
- Staff wishing to understand how the legal frameworks governing contractual obligations & responsibilities affect their job function
Course Outline
Day One
How Contracts are Created and Key Clauses
- The Benefits of Understanding Contracts
- The Pitfalls of Getting It Wrong
- Controlling the Contract Process
- Contract Formation
- Offer and Acceptance
- Consideration and Intention
- Does a Contract have to be written?
- Pre-contractual Issues and Documents
- Due Diligence, Permits, and Financial Stability
- The pre-contract landscape
- What is an “invitation to treat”?
- Key clauses, terms, conditions and their applications
- Structuring costs, payments and obligations in the contract
- Determining which party carries which liabilities
- How to exclude pre-contract negotiations from a final agreement
- Which parties are the signatories
- Drafting a contract to limit commercial liability
Day Two
Key Principles of Contract Management
- Why contract management?
- Benefits of doing it right and problems with doing it wrong
- Overview of overall contracts & procurement cycle
- Relationship to project management
- Developing effective procurement strategies
- Common contract types – pros, cons, and risks
- Key roles and responsibilities
- Preparation for contract post award phase
- Handover from contract award
- Closeout process overview, including inputs and outputs
- Contract closure
- Operations and support
- Handling premature close
- Process overview, including inputs and outputs
- Change Management
- Risk Management
Day Three
Typical Practical Pre and Post Contract Obligations & Liabilities
- Subject to Contract
- Without Prejudice
- Subject to Client Comment
- Payment Obligations
- Non-Payment Remedies
- Letters of Credit
- Guarantees
- How negligence can extend traditional contractual obligations
- Estoppel and assurance – what are these and when do they apply?
- Privity and novation – their importance within a contractual environment
- Incidental and Consequential losses
- Liquidated and Unliquidated damages
- Transfer and Retention of Title
- Time of the Essence
Day Four
Encountering and Solving Problems
- The principle of the “reasonable person”
- Applying the “contra proferentem” rule
- Unfair contracts – when and how does this doctrine apply?
- Breach of performance under the contract
- Terms implied by statute or the Courts
- How restricting contractual liability might be interpreted by the Courts
- The practical effects of cancelling a contract
- Frustration, Force Majeure and Common Mistake
- Termination and Discharge
- Transfer, Variation and Mistake
Day Five
Arbitration and Mediation versus Litigation
- Practical ways to avoid litigation
- Injunctions – when to act to protect your interests
- Intellectual property – establishing proof of ownership
- Adopting techniques to manage contractual risk
- Choice of Law and Jurisdiction
- Choice of Dispute Resolution
- Negotiated Settlement
- Mediation, Adjudication and use of experts
- Arbitration
- Litigation
- Enforcement of Judgements and Awards
Certificate
On successful completion of this training course, Oxford Management Centre Certificate with eligible Continuing Professional Education credits (CPE) from National Registry of CPE Sponsor will be awarded to the delegates
Accreditation
In association with
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FREQUENTLY ASKED QUESTIONS
Yes, we provide assistance in securing both hotel reservations & entry visa on all our international training venues, for delegates attending our training courses. For further information / assistance, please contact our Customer Service at:
- Telephone: +971 50 985 0174
- E-mail: info@oxford-management.com
Yes, Oxford Management Centre is accredited by the following professional bodies;
National Association of State Board of Accountancy (NASBA)
The Oxford Management Centre is registered with NASBA as a sponsor of Continuing Professional Education (CPE) on the National Registry of CPE Sponsors. NASBA have final authority on the acceptance of individual courses for CPE credit.
Yes, discounts are available. For further information please call +971 50 985 0174 or email, info@oxford-management.com
Note: Discounts are not applicable with any other special offer that may be available.
All course bookings made through Oxford Management Centre are non-refundable. By registering for a course, you acknowledge and accept that fees are payable in full and are not subject to refund under any circumstances, including but not limited to participant dissatisfaction, changes in personal or professional circumstances, or partial attendance.
Oxford Management Centre reserves the right to make reasonable adjustments to course content, trainers, or schedules where necessary, without entitling delegates to a refund. Full details of each course – including objectives, target audience, and content – are clearly outlined prior to enrolment, and it is the responsibility of the delegate to ensure suitability before booking.
There are 2 easy ways to register:
- Online: Select the training course you want to register for, Click the “Book Your Place” button on the course page, complete the form and click submit.
- E-mail: Send your details to info@oxford-management.com
We request that all cancellations be made at least one week before the class start date. You may reschedule this class without any penalty. If not, a $250 fee will be charged for cancellations received less than one week before a class begins and for no-shows. Cancellation penalties and any fees incurred by Oxford Management Centre will be deducted from refunds.
For more information request, email info@oxford-management.com or call +971 50 985 0174.
The classroom training fees include course presentation, relevant materials, physical & digital documentation, lunch and refreshments served during entire training. Accommodation and transportation are not included in the training course fees.
While, online training fees cover the course presentation and digital documentation and relevant materials.
The Oxford Management Centre Certificate of Completion with corresponding CPE credits shall be awarded to delegates who has successfully completed the training course.
Payment must be received before the training course commences. You can make payment by bank draft, cash, credit card or wire transfer.
Note: If the payment is not received, Oxford Management Centre has the right to refuse admission.
Upon receipt of your registration form, we will send you the following by e-mail:
- Registration Confirmation
- Invoice/Receipt (where appropriate)
If you register online you will receive an e-mail within 24 hours confirming your registration.
