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What is Covered in this Program?

1. Ensure Enforceability, Desired Performance, and Effective Risk Transfer. Draft Effective Project, Services, and Procurement Contracts.

2. Leverage Standard Contracts and Conditions. Prepare Special Contract Conditions.

3. Draft Rules for Effective Risk Transfer. Avoid Counter-Productive Contract Administration Requirements.

4. Understand Risk Allocation in Project Contracts. Apply Legal Considerations for Enforceability.

5. Balance Risk Transfer and Cost Implications. Incorporate Practical and Fair Risk Allocation Standards.

6. Design Contracts to Mitigate Uncertainty. Facilitate Smooth Contract Administration.

Who should Attend?

1. This program is intended for Legal, Contract Drafting, Contract Administration and Project Technical Staff contributing to the Contract Drafting Process.

2. This program is also intended for Professionals involved in Approving, Managing and Auditing these contracts.

PROGRAM CONTENT

Drafting Enforceable Project Contracts & Conditions Skills

1. Business Aspects of Outsourced Project and Contracts

2. Project Stakeholders & Their Expectations

3. Legal Rules for Interpreting Drafted Clauses

4. Expressed and Implied Contractual Responsibilities.

5. Responsibilities of the Parties

6. Changes Doctrine.

7. Notice Requirements including when waived.

8. What is "Fair and Reasonable"

9. Risks on Projects

10. Legal Default Distribution of Project Risks between the Parties

11. Project Contracts Define Who will be Responsible for Which Risks

12. Leveraging Data Analytics for Drafting Contracts

13. How Risks are transferred. What Risks can not Normally be Transferred? Means of Coordinating. When Risk Transfer is Really Complete?

14. Transferring Specific Risks:
    
    (1) Co-ordination of Contractors on Site
    
    (2) No-Damage-For-Delay-Clause
    
    (3) Project Schedule
    
    (4) Liquidated Damages
    
    (5) Unforeseen Site Conditions
    
    (6) Variation Orders
    
    (7) Right to Terminate
    
    (8) Dispute Resolution
    
    (9) Keeping appropriate Records
    
    (10) Inspection of Works
    
    (11) Safety Related Specific Requirements
    
    (12) Price Fluctuations
    
    (13) Exceptional Weather Conditions.

15. The Contract Drafting Process

16. Project Operational & Agreed Strategic Objectives to be Achieved on this Project

17. Analyzing the Clauses Addition or Changes to Incorporate the Project Objectives into the Draft Contract

18. Drafting Starting Point - A Most Appropriate Existing Standard Contract

19. Drafting the Special or Particular Conditions

20. External Knowledgebase for Drafting Contracts

21. Leveraging Artificial Intelligence Methods for Better Contract Conditions

22. Draft the Changes or Additional Clauses List to Incorporate Project Objectives

23. Benchmark Provisions for Similar Risks in International Benchmarked Contracts

24. Modify the Clause Closest to the Same Risk Transfer Clause

25. Validate the Drafted Clause by Testing Against the Rules of Contract Interpretation

26. Peer Review of Drafted Clauses

27. Drafted Contract Review by the Internal Stakeholders

28. Final Version of Contract Issues for use in Project Procurement ProcessProgram Recommendations & Next Steps

29. Participant Customized Outline Action Plan

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1 Week Training Programs ..... For Skill Development to Ensure Superior and Rewarding Performance