Effective Contract Administration & Management
27-28 March 2019, Kuala Lumpur – Malaysia
Effective Contract Administration & Management:
The core purpose of Effective Contract Administration & Management program is to provide participants with the knowledge, concepts, skills and competencies required to perform all the tasks required in the initial or pre-award phase of a contract.
Effective Contract Administration & Management program encompasses different contract types as well as the various contracting methods including bidding, competitive proposals and sole sourcing. Since this is an interactive training, participants will learn all the processes and activities required for the contract preparation stage and use them as starters to develop an effective and comprehensive contract.
Benefits of Attending:
Upon completion of the training program, delegates will be able to:
- Outline the basic elements of contracting
- Identify the major steps involved in contract preparation procedures including developing an effective scope of work, terms and conditions and sourcing strategy
- Recognize different types of contracts and discuss several contracting strategies including pricing
- Develop a pre-award negotiation plan in order to reach a win-win outcome
- Use evaluation criteria to select the most appropriate contractors for the project
Who should attend?
All those involved in any step of contract pre-award phase of the contracting process including personnel involved in determining the best contracting strategy, sourcing decisions and contract provisions necessary to ensure successful contract management.
About The Trainer:
Jude Joseph is a Dynamic Speaker, Certified Corporate Trainer and Entrepreneur. He has acclaimed a lot of goodwill and accolades in the fields of education and corporate trainings by his High Impact Sessions.
Jude belongs to the new era of trainers in excellence. He is an Accredited Trainer from ACM International Academy (AIA), UK for ISO 17024:2012 Professional Programs, a Certified Trainer from Pembangunan Sumber Manusia Berhad (PSMB), Malaysia and also a Certified Training and Development Manager (Associate) from the Cambridge Association of Managers, United Kingdom.
Jude holds a Master in Business Management (Human Resource Management) and a Degree in Business Management. He also possesses certificates and experience in Communication, Hospitality, Emotional Intelligence, Logistics and Supply Chain, Human Resource (to name a few).
Over the last 23 years, Jude has worked with several organisations namely The Asian Institute of Chartered Bankers (formerly known as Institute of Bankers, Malaysia), Perak Branch, Kolej Syuen, Ipoh and Scania – Southeast Asia, Shah Alam holding senior positions in the areas of education, coaching, training and development, hospitality, logistics, supply chain, warehousing etc. whilst pursuing his passion in training and development.
Today, Jude teaches and trains a wide range of areas including management, communication, hospitality, travel and tourism, supply chain and logistics, human resource, emotional intelligence, purchasing and procurement etc. owing to his wide exposure in the various industries. These programmes are conducted by various training providers in collaboration with the Ministry of Human Resources, Malaysia.
Jude is appreciated for the positive energy and wealth of knowledge he brings to his programs. Owing to his down-to-earth approach, it is not surprising that participants (young or old) flock to him to share their experiences and to learn from him.
Effective Contract Administration & Management Course Modules:
Pre-Contractual Matters and Elements of a Contract
- Understanding the importance of the contract
- Pre-contract documentations such as memoranda of understanding & letters of intent and their binding effect
- Drafting & reading a contract effectively
- Importance of accurate definitions
- Whose contract is it? Implications of contra proferentem
- Freedom of Contract – how free is free?
- Impact of legislation, customs, social norms, precedents and implied terms
Offer and Acceptance
- Understanding the concepts of an offer
- Circumstances when an offer can be terminated
- The need for an unconditional and unqualified acceptance
- Communication of the acceptance and the effect of silence
- Examining what constitutes acceptance and its binding effect
Crucial Terms and Clauses in Commercial Contracts
- Payments & milestones
- “Time is of the essence” clauses
- Delay provisions
- Testing & certification clauses
- Protecting intellectual property, copyright, trademarks and provision for return
- Confidentiality clauses to survive termination of contract
- Expiry & termination to be specific
- Renewals – binding, non-binding, automatic
- Governing law & jurisdiction
- Alternative dispute resolution
Form and Layout of Contracts
- Title and introductory clauses
- Layout of body of contract
- Role of schedules, appendices and exhibits
- “Boilerplate” clauses – what are their underlying purposes
- Warranties, Liabilities, and Indemnities clauses
- Exclusion and limitation clauses
- Performance bonds & guarantees
Identifying and Mitigating Contractual Risks
- Handling pre-contract risks
- Understanding commercial risks within the contract
- Understanding legal & tax risks within the contract
- Methods to reduce or limit your liability under a contract
Effective Contract Language
- Avoiding ambiguity
- Problematic words & phrases
- Use of clearly defined terms
Effective Contract Execution
- Selection of form of contract
- Specific execution requirements – wrong execution can kill a contract
Enforceability of Contracts
- How, when & why can contracts be terminated?
- Variations & assignments – novation of contracts
- Performing a contract and pitfalls to be wary of
- Penalties versus damages – how they apply or don’t apply
- Advantages of liquidated damages clauses
Specific Situations and Terms
- Unfair Contract Terms – concept of reasonableness
- Impact upon contracts, exclusions & opt-outs
- Can you really exclude liabilities effectively?
- Is there a contract or is it subject to contract?
- Defects that invalidate contracts
- Contradictory terms and how the courts deal with them How contracts can become ineffective – exit clauses, escape clauses, illegality, failure of form or procedural defects
Force Majeure & Frustration of Contracts
- Force Majeure
- The Effect of Judicial Management, Bankruptcy, And Winding Up on A Contract
Managing Breaches of a Contract
- When does a breach of contract occur?
- Identifying types of breaches
- Minimising the instance of breaches
Remedies for a Breach of Contract
- Damages for breach of contract including the concept of remoteness
- The meaning of mitigation of contract
- Specific performance
- The mandatory and prohibitory injunction
- Influence of International conventions on remedies
Negotiating and Managing Contracts
- Negotiation points of a contract?
- What is Contract Negotiation?
- The Nature of Negotiation
- Process of reaching a mutually satisfactory agreement
- Is every point in the contract negotiable?
- Proposals and Counterproposals
- A “one-size fits all” approach to negotiations?
- Deal only with those in authority
- Win-win concepts
- How do you work with a combative strategy by a seller/agent?
- Negotiation distinct from bidding
- How much to reveal
- Negotiation is not haggling
- Planning for negotiations
- Negotiation Planning – A Model
- Developing a contract management plan