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.
Ensuring your contract is legally binding ton deliver protection intended in a court of law
PRACTICAL EXERCISE: LILAC and Co-op
Checking the procedural clauses
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
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
PRACTICAL EXERCISE: Storyboarding – creating a risk register, identifying all the potential risks and which of the contracting parties is responsible/liable for which risks
Understanding the consequences
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
PRACTICAL EXERCISE: Traffic light analysis exercise, probability and impact (cost and schedule)
Making contingency plans
PRACTICAL EXERCISE: Risk management planning/settlement zone
Ensuring you keep to budget and satisfy contractual obligations
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.