Effective Contract Management

Proactively manage your contract by applying a logical and systematic approach enabling you to anticipate and resolve problems before they become critical

13-14 Jun 2019

& 21-22 Nov 2019

GBP 999
EUR 1,399
USD 1,558

Book now

Course overview

A comprehensive understanding of the terms and conditions of a contract, where flexibility can be applied and where risk is probable, is vital to the effective management and administration of the agreement.

This interactive two-day programme examines the contract after it has been signed, when it cannot be revised and has to be implemented as written. It focuses on giving you the necessary knowledge, tools and processes to be able to read and review contracts. The course will give you the understanding and skills to communicate to others, internally and externally, the ‘as sold’ contract meaning to ensure that all promises are completed and that all parties remain within the protection of the legal agreement and go in with their eyes open about the possible risks, liabilities and consequences if promises are broken.

You will learn how to apply a logical, systematic and comprehensive approach to reading, managing and implementing a contract so that you are confident and fully appreciate what is required of you, your team and the other contracting party(ies) to satisfy the legal obligations laid out in the contract.

This seminar has been designed for non-lawyers.

Who should attend?

  • Project managers
  • Compliance managers
  • Business development managers
  • Contract administrator
  • Commercial officer
  • Sales manager
  • Contracts managers
  • Commercial managers

Programme day one

Module 1: Before work commences – reviewing the contract

Ensuring your contract is legally binding ton deliver protection intended in a court of law

  • What is required for a contract to be legally binding?
    • LILAC–Legality,Intent,Legalcapacity,Agreement,Consideration
  • Offer and acceptance – battle of the forms process
  • Invitation to treat
    • ‘Roughorderofmagnitudeprice’
    • ‘Subject to mutually agreed terms and conditions’
  • Letter of Intent, Authority to Proceed, Heads of Agreement
  • Legal status of a verbal vs a written contract
  • Acceptance in writing, verbally or by conduct
  • Power of attorney

PRACTICAL EXERCISE: LILAC and Co-op

Checking the procedural clauses

  • Complete agreement/entire agreement clause
  • Order of precedence of legal documents
  • Change control/amendment clause
  • Authorised representative
  • Notices
  • Waiver
  • Dispute resolution: law and jurisdiction of the contract – courts vs arbitration

Reviewing the express terms and identifying if, and how, they amend or deviate from implied terms

PRACTICAL EXERCISE: Silence

Establishing clarity of promises of contracting parties

  • The ‘promise’ clauses – the ‘what’
  • Description of scope of work/specification, including:
    • Promises made by the customer
    • Dependencies on the customer
    • Use of subcontractors
    • Acceptance criteria/measurement mechanism
  • Intellectual property ownership and confidentiality/publicity clauses
  • Timing of delivery
  • ‘Reasonable’ rule in English contract law
  • Not renegotiation but clarification
  • Interpretation

PRACTICAL EXERCISE: Storyboarding – issues log (legal promises /obligations of supplier) and dependency log (legal obligations /promises of customer)

Determining the extent of commercial risk and liabilities

  • Risk management: Stage 1 – identification
  • Storyboarding
    • Identifying what is required and what can potentially go wrong
    • The pessimistic approach

PRACTICAL EXERCISE: Storyboarding – creating a risk register, identifying all the potential risks and which of the contracting parties is responsible/liable for which risks

Programme day two

Understanding the consequences

  • Is there a risk of termination of the contract if a party breaks their promise/ breaches the contract or simply changes their mind?
    • The expression ‘terms and conditions’
    • Compensation
    • Termination for convenience
  • Who are the contracting parties liable to?
    • Makingaclaimagainstthesignaturesofacontract?
    • Parityofcontract
    • Rights of Third Parties Act
  • Consequences of failure to satisfy contractual obligations/breach the contract
    • Passing commercial risk/liability with disclaimers, exclusion and indemnity clauses
    • Limiting commercial risk/liability with limit of liability clauses
    • Unfair Contract Terms Act
      • Liability also in tort/civil law. ‘Cake and eat it’ clauses
      • Duration of your liability? Limitation Act

CONTRACT REVIEW EXERCISE: Delegates will be given a ‘tool kit’ to assist them in identifying commercial risk within a signed contract and then will re-evaluate their original risk register to determine whether, as a result of the contract, any of the risks move ownership

Managing the commercial risk

  • Risk management: Stage 2 – evaluation

PRACTICAL EXERCISE: Traffic light analysis exercise, probability and impact (cost and schedule)

Module 2: Proactive management of commercial risks after commencement

Making contingency plans

  • Risk management: Stage 3 – mitigation/contingency planning
    • Solutions not problems attitude
    • Optimum outcome if ‘best’ outcome is not possible
    • Moving the project forward – practical remedies when one of the contracting parties fails/breaches their contractual obligations
    • Supplier remedy and solutions

PRACTICAL EXERCISE: Risk management planning/settlement zone

Ensuring you keep to budget and satisfy contractual obligations

  • Internal communication of the ‘as sold’ contract to ALL of the project team – Apply‘nomore,noless’rule
  • Ensuring capacity and capability to deliver
  • Proactively managing all subcontractors
  • Proactively managing the ‘dependencies’ on the customer
  • Ensuring any changes/amendments/variations are incorporated
  • The dangers of review meetings/informal changes

Presenter

Catherine Hurst

Catherine Hurst Bsc(Hons), CIMDip, PgDL, is an independent training consultant in the contract and commercial fields. She is also a part time lecturer for the Chartered Institute of Procurement and Supply (CIPS), teaching Level 4 (Diploma), 5 (Advanced Diploma) and 6 (Professional Diploma). As well as being a member of CIPS, Catherine has a degree in Business Studies, a Chartered Institute of Marketing diploma and more recently achieved a distinction in her Common Professional Examination (CPE) / Post-grad diploma in law, winning the prize for the highest achieving student in the contract law module.
She was formerly a Commercial Manager at BAe Systems, following previous contract / commercial roles with GEC and Siemens.

She has extensive practical experience of bid management, contract negotiation, contract and subcontract management as well as commercial risk management, both with UK and overseas customers and suppliers, in the private and public sectors.
She is highly experienced trainer, having a style which brings a subject to life, creating interest and stimulating the enthusiasm of attending delegates.

Catherine has successfully provided training to a wide variety of private, public and charity organisations. Such organisations include: Renewable Energy Systems Ltd, Computacentre, Martin Baker, ScotRail, ARINC, WEG, Nuffield Health, Balfour Beatty, Home Group / Stonham, London Underground, Forensic Science Services, Office for National Statistics, Phoenix Futures, Sellafield, Clyde Pumps, Pall Europe, DARA, Canberra UK Ltd., Kembrey, Springfield fuels, Carillion, General Dynamics, Mayflex, Wyndeham Heron Ltd., Siemens, Metronet, Thales, Social Enterprise People, Surrey PCT, Metropolitan police, ABB, Carlisle Process Systems, Newcastle and Exeter Universities, United Utilities, Complinet Ltd., QinetiQ, Honeywell, Autoliv Ltd., Bristol Myers-Squibb, Hitachi, Co-op, Jungheinrich, Silvertown, amongst others.

Book now

13-14 Jun 2019
13-14 Jun 2019 Cavendish Hotel, London GBP 999.00
EUR 1,399.00
USD 1,558.00
+ VAT @ 20.00%
Enrol now
21-22 Nov 2019
21-22 Nov 2019 Rembrandt Hotel, London GBP 999.00
EUR 1,399.00
USD 1,558.00
+ VAT @ 20.00%
Enrol now

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Previous customers include...

  • 3D Lasermapping
  • Azercell Telecom LLC
  • Babcock International Group PLC
  • BAE Systems Management Services Ltd
  • Bühler UK Limited
  • Civicon
  • Cosalt-Ballycare
  • Dominion Chambers
  • EAT Ltd
  • ESI Europe Ltd
  • G3 Systems Ltd
  • General Dynamics
  • Ghana Ports & Harbours Authority
  • International Nuclear Services
  • International Nuclear Services Ltd
  • Kellogg Brown & Root Ltd
  • Norgine Ltd
  • Nuvia Ltd
  • Orga Systems GmbH
  • Petrofac Training Services
  • PRC Career-Holdings LLP
  • SAGE Publications Ltd
  • Shaws of Darwen
  • Source Bioscience Plc
  • States of Guernsey
  • TengizChevrOil LLP
  • The Insolvency Service
  • Trinity House
  • Westinghouse Electric Company
  • Wideway, LDA

Presenter was very good. Venue was good and [the] course structure and timing was excellent.

Peter Carroll, Senior Contract Manager, Siemens PLC

Very useful and constructive. Excellent speaker.

Kevin Mercer, Senior Contract Manager, Siemens PLC

Very engaging, enjoyable and beneficial. I would recommend to colleagues.

Charlotte Boam, Commercial Assistant, Babcock International Group

Very good content delivered, detailed [and it] was understood.

Mike Yaxley, , Trinity House

The speaker was very passionate about the subject.

Martin Bartek, Commercial Risk Compliance Director, Swiss Post Solutions

All good, very enthusiastic.

Martin Bartek, Commercial Risk Compliance Director, Swiss Post Solutions

Excellent - and made good fun

Steve Keddie, Programme Manager , Trinity House

Perfect for my job. Very interesting speaker for a difficult subject to deal with.

Christian Billard, Buyer, SBM Offshore

Relevant context, clear presentation, passionate speaker.

Valdis Vanags, LiDar Systems Engineer, 3D Laser Mapping

Extremly enjoyable, I will recommend.

Gwendoline McKeen, , Viju Limited

Very good, personable, good venue.

Daniel Butterworth, Head of Structures Offshore Renewables, DNV-GL

Very good - some useful and thought provoking examples and quotes from real cases of direct relevance.

Colin Thorburn, Estates Manager, States of Guernsey

Excellent course

Robert Dale, Technical Services Manager, Trinity House

Excellent course. High energy presentation by a single speaker for two days - well executed.

Des Fisher, Airport Relations and Development Manager, World Duty Free Group

This course was two days well spent and will definitely aid me in my role. I would highly recommend this to everyone dealing with contracts and suppliers as part of their role.

Marike Nolte, Gaming Product Manager, Genting Casinos UK

Very good and worth the two days of the course.

Famous Najomoh, Head, Shipping HSSE, Nigeria LNG Ltd

The course was brilliant and really well run. Catherine is an excellent presenter.

Chris Turner, , General Dynamics

It was interesting and our speaker made the course fun and enjoyable

Sarah Dorban-Hall, Senior Project Administrator, RAND Europe Community Interest company

Quite frankly it was completely excellent. The best course I have been on in years!

Tom Cockshull, Commercial Manager, Moog Components Group

It was interesting when I expected it to be very boring! Bravo!

Joanne Ross, Office & Membership Manager, AIC

Really enjoyable, good level of pace. I liked how real life examples were used in most cases - brought facts to life! Would definitely recommend.

Katie Huggins, CONTRACTS ASSISTANT, Pitney Bowes Ltd

Good course, better understanding and appreciation of what makes a contract work.

Anderson Foster, Mechanical Piping, Total E & P UK

Excellent insightful course superb presentation.

Tim Davis, Mechanical Services Officer, Central & Cecil Housing Trust

I am satisfied with it

Natasa Sagernik, Contract Administrator, Nuklearna elektrarna Krsko d.o.o

Presentation/speaker [were] excellent. Delivery - Catherine knows what she is talking about.

Dawn Brand-Cotti, Commercial Manager, Herbert Retail Ltd

Perfect!!

Wafaa Nasr El-Din, Contract Manager, PGNiG

Catherine's very knowledgeable and enthusiastic.

Simon Brown, , NATS (Services) Limited

The speaker experience [is] what makes the difference.

Tim Davis, Mechanical Services Officer, Central & Cecil Housing Trust

Very enjoyable and informative. Excellently delivered.

Richard Pack, Account Executive, Giles Insurance Brokers Ltd

Brilliant

Rupinder Chahal, Senior Customer Liaison Officer, CENTRAL & CECIL HOUSING TRUST

All aspects were excellent - Catherine is a great trainer

Dawn Brand-Cotti, Commercial Manager, Herbert Retail Ltd

I was satisfied.

Natasa Sagernik, Contract Administrator, Nuklearna elektrarna Krsko d.o.o

I really enjoyed the course. I learned a lot and thought Catherine Hurst was an excellent presenter. A lot of content to get through in time allowed.

Annmarie Duncan, PA/Contracts Administrator, Bowleven plc

I liked Catherine, she is good and shows confidence coming from her "real life" commercial background. The content gives you a good start-up on the subject. It is advisable to also enroll on the on-line version.

Marius Palade, Commercial Director, Kapsch SRL