Euro-training Center
 IT Contracts Drafting & Management (B9221) QR Code

IT Contracts Drafting & Management

Overview:

Introduction:

This program shows you how to draft effective contracts – avoiding unnecessary disputes, unenforceable conditions, inflated bids, productivity loss, and claim administration & settlement costs. It also shows you how to draft contracts to enable long term relationship building and minimal termination pain to the parties.

Course Objectives:

At the end of this course the participants will be able to:

  • Understanding of necessary contractual and legal knowledge
  • Understanding of and application of different types of agreements
  • Increased commercial awareness needed to enhance the smooth running of contracts
  • Increased ability to manage contracts with a view to reducing claims and conflict
  • Ability to identify and mitigate risk factors and associated commercial and program implications
  • Understanding of the importance of good record-keeping and service of contractual notices
  • Increased understanding of commercial liabilities resulting from schedule changes and variations
  • Improved ability, successfully to negotiate and maintain long term inter-business contracts with confidence
  • Understanding of the need to deal with issues as they arise and to resolve disputes within the contract structure wherever possible
  • Ability to analyze, negotiate and implement the most appropriate method of resolving disputes preventing escalation by early identification

Targeted Audience:

This program is intended for all those professionals who draft contracts or provide inputs in drafted conditions.

Course Outlines:
Unit 1: The Legal Framework of Contracts and How They Are Created:

  • The Need for Contractual Relationships
  • External and Internal Dimensions of a Business Relationship
  • Formation of a Contract
  • The Key Elements of a Contract
  • Oral or Written?
  • Electronic Contracts
  • Terms of the Contract
  • Inter-Business Contracting
  • Law of Agency
  • Sources of Law
  • Developing Legal Knowledge and Skills

Unit 2: Some Issues Arising in Contracts:

  • Precedence of Documents in a Contract
  • Obligations to Perform
  • Delivery, Acceptance and Transfer of Title and Risk
  • ICC Incoterms
  • Liability in Negligence – relationship with contract conditions
  • Product Liability and Defective Goods
  • Intellectual Property clauses – some special issues
  • Letters – Intent; Instruction / Award; Comfort; Awareness
  • Conflict of Laws and Choice of Law and Jurisdiction Clauses

Unit 3: Different Contracting Strategies in International Contracts:

  • Some types of Standard Form / Model Form Conditions
  • Drafting Standard Terms
  • Potential Problems with Standard Form Contracts
  • Limiting or Excluding Liability
  • Unequal Bargaining Positions
    • Traditional Contracts
    • Fixed Price / Lump Sum
    • Bill of Quantities / Schedule of Rates – re-measured contracts
    • Full Reimbursable – “cost-plus” – why this is sometimes the right answer
    • Dealing with Volatile Markets – economic price adjustment clauses and the use of indices
    • Adding incentives to lumps sums
  • Non-Traditional Contracts
    • Build Own Operate and Similar Structures
    • Alliances and Partnering
  • No Cure / No Pay – a technique from marine salvage that has wider uses

Unit 4: Contract Management and The Management of Change and Payment:

  • The Need for Good Contract Management
  • Variation of Contract Terms
  • Variation of Scope of Work
  • Management of Variations and retaining Control of the Contract
  • Payment and Money Events
  • Delay, Suspension and Extension of Time
  • Finance and Payment in International Trade
  • Bonds and Guarantees
  • Defects Liability – warranty periods
  • Managing rolling warranties
  • Termination of the Contract and Remedies
  • Mitigation of Losses and Claims

Unit 5: Resolution of Disputes:

  • Negotiation, Compromise and Settlement
  • Litigation
  • Arbitration
  • Alternative Dispute Resolution – including mediation
  • Managing Disputes

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