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Analyzing Drafted Contracts To Check for: Enforceability, Performance Implications & Effective Risk Transfer

DRF-302a (1 week)  Download PDF Brochure

Now Includes Using Available Resources to Make Better Drafting Decisions

Analyzing Drafted Contracts

To Check for: Enforceability, Performance Implications Effective Risk Transfer

This program is intended for those who are involved in reviewing contracts drafted by others from inside organization, suppliers or contractors. Typical participants will include Executives with responsibility for Contract Negotiations, Corporate Lawyers, Contract Administration Supervisors and Managers.  

(Includes Contract Administration Issues)

A VERY PRACTICAL PROGRAM

A 1 week Intensive Workshop

In Every Project or Works Contract there lies the possibility for disputes due to varied interpretations, different trade meanings, discrepancies and ambiguities in Contract Documents. Those drafting contracts often lack knowledge of Technology, Methods and Practices of the Industry.

Risk Reduction by Planned Risk Transfer is the single most important purpose of this program. Past participants have reported great benefits they achieved on their projects and contracts using the analysis and methods introduced in this program.

Drafting Contracts from the viewpoint of risk transfer involves an integration of Law, Methods, Practice and Technology. Useful inputs are possible from properly informed Engineers to Lawyers.

This program is recommended for all those who influence Drafting Project Contracts, including Project Staff Engineers, Lawyers, Project Contracts Legal Department Personnel.

Program Style: Easy Practical Procedures and Checklists Approach to Solving Problems is used. Discussion, Implementation and Case Study will be based on actual contracts being used in the Gulf for large project works.

In Practical Applicability and Quality of Program Materials these Programs has been Rated Excellent By Past Participants. Do not miss this Opportunity!

This program transfers the relevant technologies to enable you to master these skills.

  • Avoiding Unnecessary Disputes

  • Avoiding Claims

  • Effectively Transfer Risks to Other Parties

  • Prevent Legal Non-Enforceability of Your Drafted Conditions

Program Dates

Worldwide Training dates USA Program Dates
  • 30 Oct -4 Nov 11 (Dubai)

  • 8-13 Nov 11 (Kuala Lumpur)

  • 8-13 Nov 11 (New Delhi)

  • 30 Nov - 5 Dec 11 (London)

  • 5-10 Dec 11 (Dubai)

  • 10-15 Dec 11 (Dubai)

  • 26 - 31 Dec 11 (London)

  • 8-13 Jan 12 (New Delhi, India)

  • 7-12 Feb 12 14-19 Feb 12 (Dubai)

  • 18-23 Feb 12 (New Delhi, India) 5-10 Mar 12 (London) 5-11 Mar 12 (London)

  • 2-7 April 12 (Kuala Lumpur)

  • 1-6 April 12 (Dubai)

  • 7-13 May 12 (London)

  • 6-11 May 12 (Dubai)

  • 11-16 June 12 (London)

  • 11-16 June 12 (New Delhi, India)

  • 9-14 July 12 (London)

  • 9-14 July 12 (Paris)

  • 6-11 Aug 12 (Kuala Lumpur)

  • 6-11 Aug 12 (New Delhi, India)

  • 19-24  Aug 12 (Dubai)

  • 16-21 Sept 12 (Dubai)

  • 17-22 Sept 12 (New Delhi)

  • 8-13 Oct 12 (London)

  • 8-13 Oct 12 (Cape Town, South Africa)

  • 21-26 Nov 12 (Dubai)

  • 5-10 Nov 12 (Kuala Lumpur)

  • 5-10 Nov 12 (New Delhi)

  • 3-8 Dec 12 (London)

  • 2-7 Dec 12 (Dubai)

  • 16-21 Dec 12 (Dubai)

  • 24- 29 Dec 13 (New Delhi)
  • 21-26 Nov 11 (San Francisco)
  • 21-26 Nov 11 (New York)
  • 14-19 Dec 11 (San Francisco)
  • 13-18 Dec 11 (Washington DC, USA)
  • 13-18 Dec 11 (State College, Pennsylvania USA)
  • 5-10 Mar 12 (New York, USA)

  • 5-10 Mar 12 (New York)

  • 6-11 Mar 12 (Washington, DC)

  • 14-19 Mar 12 (San Francisco)

  • 15-20 May 12 (San Francisco)

  • 16-21 May 12 (Washington, DC)

  • 23-28 May 12 (San Francisco)

  • 23-28 Aug 12 (San Francisco)

  • 29 Aug - 3 Sept 12 (New York)

  • 29 Aug - 3 Sept 12 (Washington DC, USA)

  • 30 Aug-4 Sept 12 (New York)

  • 19-24 Nov 12 (San Francisco)

  • 11-16 Dec 12 (San Francisco)

  • 11-16 Dec 12 (Washington DC, USA)

  • 12-17 Dec 12 (New York)

  • 20-25 Dec 12 (New York)

PROGRAM CONTENT

On each Contract we draw on our experience and knowledge to compile a list of Potential Risks on this work, we then decide as to which of these risks or contingencies we would like the contractor to bear. In Order to make an effective decision as to what duties and obligations should be contractually shifted, and how they can be shifted, it is first necessary to appreciate what these duties are and how they are normally allocated. Next we must consider the Contracting Methods and Contract Forms available and their Associated Risks. And then discuss how we can Draft Contracts to Contractually Shift some of these to others.

Done Improperly we expose our project to disputes and delays. We interpret the contract conditions literally, only to find that the legal system may not support our position, as it tends to rely more on considerations of Prevention of Injustice and Promoting Fairness. This situation arises because we may be unaware of the Legal Interpretation Rules and Doctrines involved.

  • Duties Responsibilities of the Parties to Project Contracts.

  • Understanding Contract Conditions. Expressed and Implied Contractual Responsibilities. Changes Doctrine. Notice Requirements including when waived. Responsibilities of Contractor, Owner and Consultant on the Project. What is "Fair and Reasonable"?

  • How do Claims Arise? Legal Basis. How can these be reduced?

  • Contracting Methods and Associated Risks: Package Deals, Turnkey Design Build, Traditional Single General Building Contractor or Engineering Contractor, Construction Manager Method, Phased Construction: Multiple-Prime Contractor, Fast Track Contracting. Financial Risks: Cost Reimbursable Fixed Price Contracts.

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

  • Transferring Specific Risks: Co-ordination of Contractors on Site, No- Damage-For- Delay-Clause, Project Schedule, Liquidated Damages, Unforeseen Site Conditions, Variation Orders, Right to Terminate, Dispute Resolution, Keeping appropriate Records, Inspection of Works, Safety, Price Fluctuations, Exceptional Weather Conditions.

  • Special Problems with Engineering-Contractor and Consultant Contracts.

  • Drafting Contracts Guidelines and Checklists.

  • Case Studies are discussed throughout the Program.

Program Outcomes and Take-Away/s

Euro Training is in the business of  providing practical useful training programs. Programs that

  1. Help the participant implement improvements in his organization.
  2. Help the participant gain Multi-discipline understanding of the issues so that he can incorporate the needs and expectations of all his stakeholders/ customers in his improvement proposals and actions.
  3. Help build a knowledge framework in which job related experience can be caught and remembered as his experience.

Typical participant will take away a personalized action plan for himself, his business unit or his organization on how to apply the program contents to improve performance. The action plan may have two components:

  1. A Personal Action Plan
  2. A Business Unit/Organizational Action Plan

Benefits to Organization

Sending participant/s to this program will benefit the organization in the following ways

  1. Quickly makes the participants competent, effective and productive on his job. Useful especially for
    1. Training New employees
    2. Competency Building in Existing Employees Transferred to a New Assignment
    3. Training Prior to a New Project or Initiative Planned in the Organization
  2. Create Competency in the employee to perform his job well. including in relation to
    1. Relevant Technical Knowledge, Skills and Competencies
    2. Organizations' Strategic Objectives
    3. Needs and Expectations of the Stakeholders/ Customers (internal & external)
    4. Good Management Practices
    5. Identifying opportunities to Exceed Stakeholder/ Customer Expectations
  3. Create a pool of trained manpower who can cost-effectively disseminate the knowledge to large number of employees inside the organization. This is made possible by Euro Training's unique easy to understand and use methodology based on Checklist & Quality Assurance Approaches.
  4. Euro Training Instructors often act as mentors for your trained employees. A most effective way to ensure effective competency development and application by your motivated staff. We do have consultants available across Americas, Europe, Asia and Africa (Please inquire about our post program mentoring plans)

Participant Individual Career Benefits

  1. You gain a multi-discipline understanding of the issues. Meaning when you make proposals and decisions on your related job you will keep in mind the needs and expectations of ALL the stakeholders/ customers (internal & external)
  2. The action plan you take away will help you make a difference in your business unit or organization. This difference when added to your resume will make you a prime candidate for career advancement in your own organization or in your next job/s.
  3. Understanding and acting with understanding of the Needs and Expectations of your stakeholders/ customers is known to  to enhance Job Satisfaction and reduce Monday Morning Blues.
  4. As one of your stakeholders/ customers is Executive Management, therefore the program ensures you will know the Strategic Imperatives that Drive the Organization's Efforts in your relevant job area. In the process enabling you to make a leadership contribution.

This Program is Intended for…

Those new to the field take away a good multi-discipline understanding of the issues involved in the program works. It helps them become productive quickly and builds in them a knowledge framework that will help identify, understand, classify and remember on the job experiences in his memory.

More experiences participants take-away an individualized action plan as mentioned elsewhere in this technical sheet.

Implementation Teams: This program can be used to train implementation teams where...

  1. a new project or initiative being started in your organization

  2. a new strategic focus is being initiated

  3. just prior to a Consultant being hired to advise the organization.

Each participant will take away a memorable and potentially life changing experience from the program.

No limitations are being placed on who can attend. If you are interested in the Program Outcomes and Takeaways, or, feel you can benefit from the Organizational and Personal Benefits mentioned above - You are Invited to Register for this Program. Program Instructors have the knowledge, experience and access to resources required to customize the program to the specific job related needs of each program group.

Language of  Instruction

Unless otherwise stated the program instruction is in Standard Day-to-Day English. Participants can request the instructor to provide a program vocabulary which will ensure they have no problem understanding the content.

Other language versions are being developed by our consultants and regional partners including program in French, German, Spanish and Arabic. Please do contact us for your specific language needs.

Registration Recommendations

Team Nominations: Since the program aims to ensure the participants have his individualized improvement plan at the end of the program, and foreseeing the effort involved, anticipating resistance and implementation requirements it is recommended that the organization nominate at least two participants together (three will be more desirable to allow for attrition) for this program.

It is anticipated that these 2 or more participants will work together as a team or provide mutual support in order to implement the action plan.

Single nominations will also be accepted for the program. Single nominations are typically used  to:-

  1. Develop personnel skills in Critical Skills and Methodologies covered in this program.

  2. Audit this program for deciding its content and methodology's effectiveness in meeting your organizational needs

  3. Train individuals for Leadership Roles in Business unit or department. Here this program will help the participant coach and lead his team in these Critical Skills and Methodologies. (Program does not typically cover coaching skills but provides the related technical  understanding in an easy to communicate manner. )

For Latest Program Schedule Email:

     drf302a@EuroTraining.com

REGISTRATION INFORMATION

  1. Please complete the Registration Form (Available at http://www.eurotraining.com/etl-reg.html) and FAX to UK +44 207 6811444 or Email to: euro@eurotraining.com
  2. Fee is USD $5,500 per participant includes Course Materials, Certificate, Refreshments and Lunch. (Fee at London, Paris and Kuala Lumpur is 10% extra)
  3. Accommodation is not included in Program fee. Special rates will be available at venue hotel for the participants.
  4. Program Fee information is available by Emailing:  fees@eurotraining.com. Fee is payable by Bank Transfer or Bank Draft in favor of the local representative office.
  5. Early Registration & Payment discount is 10% - if registration and fee payment is made at least 45 days before start of the program.
  6. Fee includes Course Materials, Certificate/s, Refreshments and Lunch. Program Timings are 8:30 AM to 2:30 PM but on some days (to be announced by instructor/s) you may be asked to attend from 3:00 PM to 7:30 PM. For First Day Program Timings see your Joining Instructions.

Analyzing Drafted Contracts DRF302a

Contact: General Manager

FAX (UK) Fax : +44 207 6811444

FAX (USA) +1 650 649 2689 AND TELEPHONES (USA) 001 213 599 7573 or 001 415 430 5181 or 001 415 251 1359

UAE Dubai Telephone: +971 553069302

www.EuroTraining.com

www.EuroTrainingUK.com

Email: euro@eurotraining.com  or   euro@eurotraining.com

Registration Form available at http://www.eurotraining.com/etl-regn.html

 

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