Job Skills Development Workshop

DRF-303  (2 weeks)

Drafting Enforceable Contracts & Conditions Workshop

Including Provisions Enabling Successful Win-Win Settlement Negotiations

And Ensuring: Enforceability, Desired Performance Effective Risk Transfer. Covering Project, Services and Procurement Contracts. Covering Project, Services and Procurement Contracts

• Avoiding Unnecessary Disputes

• Avoiding Claims

• Effectively Transfer Risks to Other Parties

• Prevent Legal Non-Enforceability of Your Drafted Conditions

• Successful Win-Win Negotiated Settlements

Program Dates:

Worldwide Training Dates

USA Training Schedule

31 Jan - 10 Feb 10 (Dubai) 2-13 Mar 10 (Dubai) 31 Jan - 10 Feb 10 (Dubai) 8-19 Feb 10 (Paris) 2-13 Mar 10 (Dubai) 21 Mar - 1 April 10 (Kuwait) 5-16 April 10 (Kula Lumpur) 27 April  - 8 May 10 (London) 9-20 May 10 (Dubai) 9-20 May 10 (Qatar) 7-18 June 10 (London) 21 June - 2 July 10 (Kuala Lumpur) 5-16 July 10 (London) 5-16 July 10 (Dubai) 20-31 Aug 10 (Paris) 9-20 Aug 10 (Kula Lumpur) 5-16 Sept 10 (Dubai) 4-15 Sept 10 (Qatar) 11-22 Oct 10 (London) 11-22 Oct 10 (Cape Town, South Africa) 31 Oct -11 Nov 10 (Dubai) 31 Oct - 11 Nov 10 (Kuwait) 1-12 Nov 10 (Kula Lumpur) 6-17 Dec 10 (London) 6-17 Dec 10 (Paris) 26 Dec 10 - 6 Jan 2011 (Dubai) 26 Dec 10 - 6 Jan 2011 (Qatar)

27 Dec 09 - 7 Jan 10 (San Francisco) 15-26 Mar 10 (San Francisco) 19-30 April 10 (San Francisco) 24 May - 4 June 10 (San Francisco) 19-30 July 10 (San Francisco) 20-31 July 10 (San Francisco) 21 Sept - 2 Oct 10 (San Francisco) 16-27 Nov 10 (San Francisco) 21 Dec 10 - 1 Jan 2011 (San Francisco)

Program Overview

This is the Workshop Version of ETL's top Program DRF302.

This is a workshop for Contract Drafting and Reviewing Professionals – participants will spend substantial part of time on hands-on doing drafting exercises closely resembling their own job requirements. The participants will also learn the art of knowledge accumulation for effective, productive and enforceable contract drafting.

The Key difference is - in this program the participant is also required to hands-on practice what is taught. The additional workshop fee is USD $1,000 per participant above the normal DRF302 program fee.

Program includes instructor assisted individual practical work.

In this program you can choose to work on any one of following workshops...

1. Civil Project

2. Mechanical, Electrical Project

3. Turnkey Project (Design Build)

4. Supply of Services or Labour Contract

5. Negotiated Contract, Single Source Contract

6. Consultant Contract

7. Procurement Contract

8. General Tender Preparation, Invitation, Analysis Award

 

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...

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

Program Style

This is a comprehensive workshop. You will learn practical hands on skills for drafting contracts. This program uses Practical Procedures and Checklists Approach to Solving Drafting Problems. Discussion, Implementation and Drafting Case Studies will be based on job situations being used in the area for contracts project works.

Program Strategy

When we draft a contract - for each Contract Situation 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 to take ourselves and which to shift to the other parties.

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 Standard 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 contract to disputes and delays. Done Improperly we expose our contract 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.

Program Content

• 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:

  • Letter Contracts

  • Material Purchases

  • Labour Supply Contracts

  • Service Contracts

  • Package Deals, Turnkey Design Build,

  • Traditional Single General Building Contractor or Engineering Contractor,

  • Construction Manager Method,

  • Phased Construction: Multiple-Prime Contractor, Fast Track Contracting.

  • BOLT

  • Technology Purchase and Consultancy Contracts

  • Financial Risks on the different 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.

• Available Standards Resources for the Drafting Professional

• Case Studies are discussed throughout the Program.

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 $8900 (€5,900) per participant includes Course Materials, Certificate, Refreshments and Lunch. (An additional Service Fee is Charged at Certain Locations including London and Paris)

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.

Drafting Enforceable Contracts & Conditions Workshop DRF-303