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The Role and Responsibilities of the Contracts Manager

Getting from contract agreement to successful contract completion.

Proactively manage your contracts by applying a logical and systematic approach to enable you to anticipate risks and resolve problems before they become critical.

NEW EVENT!

26-27 Nov 2020

& 17-18 Jun 2021 , 25-26 Nov 2021

GBP 999
EUR 1,399
USD 1,558

Book now

Course overview

This interactive programme will examine the contract after it has been signed and has to be implemented as written and will focus on giving you the necessary knowledge, tools and processes to be able to read and review contracts. It will also 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 are aware of 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. You will also be provided with a clear understanding of all the legal obligations and liabilities included within contract terms and conditions and gain valuable knowledge of best practice for monitoring and assessing the progress of contracts to ensure that they are actioned successfully and efficiently to provide the
best outcome possible for your organisation.

Drawing on the expert trainer’s real-life experiences and using many workshop-style exercises and examples, the topics will be brought to life to help embed learning. There will also be ample opportunity to network with others in similar roles across different organisations.

Whether your contracts are local, national or global this programme will:

  • Boost your knowledge to understand and manage the legal obligations and requirements set out in the contract
  • Inject you and your project team with the energy to fulfil your obligations and ensure an effective working relationship with stakeholders
  • Anticipate where potential risks may arise and proactively manage them to minimise, or neutralise, their impact on the project
  • Deliver a toolkit of best practice techniques to use successfully on your next project

Why you should attend

As a contracts manager you have the important and, sometimes, onerous responsibility of administering your organisation’s contracts in the most efficient and effective way. This practical course provides an in-depth look at the extensive role and responsibilities of the contracts manager and will give you a comprehensive understanding of agreements and their terms.

To ensure the smooth execution of a contract and enable proactive management of potential risks, it is vital to have clarity between the parties of the promises made and the liability allocation. You need to fully understand the contract management framework and best practice to reduce risks in contract delivery, and successfully manage supplier relationships.

This seminar will help you to:

  • Understand the structure of a legal contract
  • Be confident that you are operating under a legally binding contract
  • Appreciate fully what has been agreed between the contracting parties and what the legal obligations and responsibilities of each are
  • Recognise the allocation of risk between the contracting parties
  • Realise what the consequences will be if either party does not comply with the contract and fails to satisfy their legal obligations
  • Grasp the importance of being proactive in establishing a project plan, monitoring work, driving progress and managing risk
  • Value the benefits of undertaking a recap at the end of a contract’s life so as not to repeat mistakes made and to gain from the learning curve of ‘what went well’
  • Master new skills through the use of practical hands-on exercises and cases with feedback from the expert trainer

Practical exercises, facilitation and discussion sessions are used throughout the course to ensure delegates have a clear appreciation of the added value gained from being proactive in the planning and management of a contract. Attendees will be shown how to anticipate problems and resolve them before they become critical and potentially very costly, rather than managing the project in a reactionary manner.

Who should attend?

The course will be beneficial to every member of the project and contract delivery team including:

  • Contracts managers
  • Project managers
  • Commercial managers
  • Finance managers
  • Business development managers
  • Procurement managers
  • Contract administrators and officers

This highly experiential programme is a must-attend event if you are:

  • Managing the execution of commercial contracts
  • Accountable and/or responsible for the successful completion of contracts
  • Involved in the drafting and negotiation of final contract documents
  • Unclear of the obligations that contracts place legally on you and your organisation
  • In need of a refresher on the risks associated with a project

This seminar has been designed for non-lawyers

Programme – day one

Module 1: Before work commences

Understanding the structure of a legal contract from the contracts manager’s perspective

  • What is required for a contract to be legally binding? LILAC
  • Understanding what could make the contract void
  • Offer and acceptance – what they mean in practice
  • Invitation to treat
  • 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 and their implications

PRACTICAL EXERCISE: Co-op vs ICL (International Computers Limited now part of Fujitsu)

Module 2: Reviewing and communicating the signed contract – making a plan of action

Identifying and engaging key stakeholders

  • Understanding the level of engagement needed for each stakeholder
  • Skills for effective teamworking – ensuring good communication within the project team
  • Ensuring the project team has the capacity and the capability to fulfil the contract
  • Communicating the contract requirements to the project team
  • Instilling value-for-money behaviours and actions
  • Assigning responsibility and accountability
  • Monitoring contract execution and providing feedback to stay on track
Understanding implied and express terms and how they affect contract execution
  • Understanding the starting point – implied terms
  • Understanding if and how express terms amend or deviate from implied terms and how they affect the contract in practice

PRACTICAL EXERCISE: Silence – focusing on key contract law acts, eg Sale of Goods Act

Recognising the promises of the contracting parties and their implications

  • Implications of the ‘what’, ‘when’ and ‘how much’ clauses
  • Understanding the scope of work/specification, including:
    • Promises of the supplier and customer
    • Acceptance criteria/measurement mechanism
  • Implications of the ‘Reasonable’ rule in English contract law
  • Importance of using the ‘Definitions’ section in the contract

PRACTICAL EXERCISE: Reviewing a scope of supply – identifying and interpreting the promises of each party and reviewing ambiguity

Proactive management of suppliers and subcontractors

  • The right to review, audit, monitor and drive progress of the contracting parties
  • Developing KPIs and monitoring against agreed performance goals
  • Service level agreements and motivating suppliers
  • Identifying risks and problem solving to keep the contract on track
  • Intellectual property rights and avoiding infringement
  • Non-disclosure agreements and managing confidential information

Programme – day two

Module 2 continued

Risk identification and management to ensure contract completion

  • The five stages of risk management: identification, evaluation, mitigation, continuous monitoring, lessons learnt
  • Categories of potential risk and their implications
  • Passing, capping and limiting risk clauses

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 of breach of contract

  • Risk of termination of the contract if a party breaks their promise/breaches the contract
  • Compensation, not penalty – the considerations
  • Force majeure and the Frustrated Contracts Act

Understanding allocation of risk between the contracting parties

  • Passing commercial risk/liability with disclaimers, exclusion and indemnity clauses
  • Limiting commercial risk/liability with limit of liability clauses – liquidated damages
  • How to manage risk with Plan Bs – warranty clause
  • Unfair Contract Terms Act
  • Also consider liability in tort/civil law

PRACTICAL EXERCISE: Review of a sample contract using a ‘toolkit’ to identify and evaluate commercial risks

Module 3: Proactive management of commercial risks throughout the contract

The five stages of managing commercial risk

  • Identifying the potential risks
  • Evaluating and analysing the risks
  • Proactive risk management – developing an action plan
  • Monitoring of the risks and their potential impact
  • Best practice – evaluating the lessons learnt ready for the future

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

Making contingency plans to ensure contract completion
  • Proactive risk management strategies
    • Mitigation/contingency planning
    • Solutions not problems approach
    • Optimum outcome if ‘best’ outcome is not possible
    • Moving the project forward – practical remedies

PRACTICAL EXERCISE: Proactive risk management: mitigation and contingency planning

Presenter

Catherine Hurst

Catherine Hurst Bsc(Hons), CIMDip, PgDL, is an independent training consultant in the contract and commercial fields. 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 delegates. Catherine has successfully provided training to a wide variety of private, public and charity organisations including: ScotRail, Nuffield Health, Balfour Beatty, London Underground, Forensic Science Services, Office for National Statistics, Phoenix Futures, Sellafield, General Dynamics, Siemens, Metronet, Thales, Surrey PCT, Metropolitan Police, ABB, United Utilities, Bristol Myers-Squibb, Hitachi, Co-op, Jungheinrich and Silvertown. She is also a part time lecturer for the Chartered Institute of Procurement and Supply (CIPS). 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.

Book now

26-27 Nov 2020
26-27 Nov 2020 Rembrandt Hotel, London GBP 999.00
EUR 1,399.00
USD 1,558.00
+ VAT @ 20.00%
Enrol now
17-18 Jun 2021
17-18 Jun 2021 Venue not yet confirmed GBP 999.00
EUR 1,399.00
USD 1,558.00
+ VAT @ 20.00%
Enrol now
25-26 Nov 2021
25-26 Nov 2021 Venue not yet confirmed GBP 999.00
EUR 1,399.00
USD 1,558.00
+ VAT @ 20.00%
Enrol now

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The speaker was a good communicator with good examples and you can tell she's worked in the 'real' world.

Adam Dziamarski, Commercial Manager, Clesse UK Ltd, Nov 19

I was hoping to achieve a better understanding of the terms of a contract and its associated risks. I think I achieved this and will apply the learning in my workplace. The speaker had good interaction with the group, presentation and delivery were clear with many examples of real-life cases.

Kassim Toorawa, Lead Contracts Officer, Advanced Electronics Company, Nov 19

Really good course, learnt a lot. The speaker was brilliant, really easy to follow and great at explanations. The exercises were very good and helped test our knowledge and see where we needed work.

Hayley Merry, Procurement Manager, County Broadband, Nov 19

It was very informative. The manual is a great reference with lots of sample clauses. The speaker was brilliant. She engaged everyone really well and made sure everyone understood contract law in simple plain language. She brought in a lot of examples which was excellent.

Abarna Sanjeev, Contracts Officer, Rockwell Collins UK Limited, Nov 19

Very useful and constructive. Excellent speaker.

Kevin Mercer, Senior Contract Manager, Siemens PLC, Nov 16

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

Peter Carroll, Senior Contract Manager, Siemens PLC, Nov 16

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

Charlotte Boam, Commercial Assistant, Babcock International Group, Jun 16

The speaker was very passionate about the subject.

Martin Bartek, Commercial Risk Compliance Director, Swiss Post Solutions, Dec 15

All good, very enthusiastic.

Martin Bartek, Commercial Risk Compliance Director, Swiss Post Solutions, Dec 15

Excellent.

Steve Keddie, Programme Manager , Trinity House, Dec 15

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

Christian Billard, Buyer, SBM Offshore, Dec 15

Very good content delivered.

Mike Yaxley, Trinity House, Dec 15

Very good, personable, good venue.

Daniel Butterworth, Head of Structures Offshore Renewables, DNV-GL, Jun 15

Relevant context, clear presentation, passionate speaker.

Valdis Vanags, LiDar Systems Engineer, 3D Laser Mapping, Jun 15

Extremly enjoyable, I will recommend.

Gwendoline McKeen, Viju Limited, Jun 15