Contract Planning, Strategy, and Claims Management

Overview

Contracts play a pivotal role in defining the responsibilities and rights of parties involved. This immersive Contract Planning, Strategy, and Claims Management training course, delivered by Al-Majd Pathways Centre (APC), takes a practical, hands-on approach to effective contract management. It equips participants with techniques and contract strategies to streamline the management process while establishing international risk management strategies related to contracts. The course aims to cultivate best business practices to leverage opportunities, enhance operational efficiency, and boost profitability.

In this training course, you will gain expertise in:

• Elevating your contract management skills to enhance contract and company performance

• Developing systems to reduce the occurrence of contractual disputes

• Efficiently resolving contractual disputes when they arise

• Managing contracts and projects across pre-contract, contract performance, and post-contract phases, aligning with best practices

• Enhancing profitability by not only increasing revenue from contracts but also preventing unnecessary expenditures resulting from operational disputes

TRAINING OBJECTIVES

By the end of this training course, participants will achieve:

• A sound understanding of necessary contractual and legal knowledge

• Proficiency in different types of agreements and their application

• Enhanced commercial awareness for smooth contract operations

• The ability to manage contracts effectively to minimize claims and conflicts

• Competence in identifying and mitigating risk factors and assessing their commercial and programmatic implications

• Appreciation for the significance of maintaining accurate records and serving contractual notices

• A deeper understanding of commercial liabilities stemming from schedule changes and variations

• Improved negotiation skills for long-term inter-business contracts

• A grasp of the importance of addressing issues as they arise and resolving disputes within the contract framework whenever possible

• The ability to analyse, negotiate, and implement the most suitable dispute resolution methods to prevent escalation through early identification

WHO SHOULD ATTEND?

This comprehensive training course is beneficial for:

• Contract Administrators

• Contracting Unit Supervisors

• Project Engineers

• Project Managers

• Claims Managers and Business Audit Officers

• Risk Managers

• Contract Strategists

• Staff new to their roles or experienced personnel seeking a refresher course.

TRAINING METHODOLOGY

Al-Majd Pathways Centre (APC) conducts this Contract Planning, Strategy, and Claims Management training course using a blend of conventional teaching, real-life examples, and interactive participation. Participants engage in discussions, exercises, and share their experiences, promoting a dynamic learning environment.

TRAINING OUTLINE

Day 1: The Legal Framework of Contracts and Contract Formation

• Understanding the Need for Contractual Relationships

• External and Internal Aspects of Business Relationships

• Contract Formation Essentials

• Key Elements of a Contract

• Oral vs. Written Contracts

• Electronic Contracts

• Contract Terms

• Inter-Business Contracting

• Law of Agency

• Sources of Law

• Developing Legal Knowledge and Skills

Day 2: Critical Issues in Contracts

• Document Precedence in Contracts

• Performance Obligations

• Delivery, Acceptance, and Risk Transfer

• ICC Incoterms

• Liability in Negligence and Its Relationship with Contract Conditions

• Product Liability and Defective Goods

• Intellectual Property Clauses and Unique Considerations

• Types of Letters: Intent, Instruction/Award, Comfort, Awareness

• Conflict of Laws, Choice of Law, and Jurisdiction Clauses

Day 3: Varied Contracting Strategies in International Contracts

• Standard Form and Model Form Conditions

• Crafting Standard Contract Terms

• Potential Challenges with Standard Form Contracts

• Liability Limitations and Exclusions

• Dealing with Unequal Bargaining Positions

• Traditional Contracting Approaches

• Fixed Price and Lump Sum Contracts

• Bill of Quantities and Schedule of Rates (Re-Measured Contracts)

• Full Reimbursable (Cost-Plus) Contracts

• Adapting to Volatile Markets: Economic Price Adjustment Clauses and Index Usage

• Adding Incentives to Lump Sum Contracts

• Non-Traditional Contracting Models

• Build-Own-Operate and Similar Structures

• Alliances and Partnering

• No Cure, No Pay – Leveraging Marine Salvage Techniques

Day 4: Contract Management, Handling Change, and Payment Matters

• The Significance of Effective Contract Management

• Managing Contractual Terms Variations

• Managing Scope of Work Changes

• Handling Variations and Maintaining Contract Control

• Payment and Monetary Events

• Addressing Delay, Suspension, and Extension of Time

• Finance and Payment in International Trade

• Bonds and Guarantees

• Defects Liability and Warranty Periods

• Effectively Managing Rolling Warranties

• Contract Termination and Remedies

• Mitigating Losses and Managing Claims

Day 5: Dispute Resolution

• Negotiation, Compromise, and Settlement Techniques

• Litigation Processes

• Arbitration Procedures

• Alternative Dispute Resolution, Including Mediation

• Efficient Dispute Management

• Course Review and Final Q&A Session

Format: On-site and Online

Language(s): English and Arabic 

Duration: One Week

Certificate of Completion: Upon successful completion of the course, participants will receive a Certificate of Completion from Al-Majd Pathways Centre (APC).