Course Contents

Prioritizing the contracting objectives

• Developing a list of contracting objectives – technical and commercial to legal

• Balancing Quality, Cost, Delivery & Risk considerations

• The difference between rating and ranking – and the iterative approach

• Separating wants from needs – defining mission critical contractual objectives & managing stakeholder expectation

Key Contract provisions

• Reassessing indemnity and warranty clauses

• Appraisal and benefits of “Knock for Knock” Liability Clauses

• Understanding the full effects of Anti-Indemnity statutes

• Considering alternative pricing clauses –whole life cost approach and alignment with

• Contract objectives

• Overview of contractual obligations which may only be determined by the court

• HSE, Pollution/Spillage

• Case study analysis & review 

Contract Disputes

• Determine the best course of action through applied risk assessment

• Consider your termination rights and the consequences for your operations

• Look for alternatives in penalty clauses and rights of release clauses

• Enforcing clear language in unclear circumstances

Contract negotiation considerations

• Can enterprises renegotiate rates on the basis of the current market chaos?

• Cost analysis models in contract negotiations – issues and opportunities

• Utilising Porters 5 Forces Model – Understand where the balance of power lies

• Between Buyers & Contractors

• Have you gained or lost negotiating power due to recent trends?

Understanding the power & influence matrix and their impact on contracting

• The keys to maximizing power

• Understanding the shift in power and how to control the shift

• The impact of power on negotiations

• Developing a contract specific power influence matrix

• Aligning Contracting Contribution with organizational Strategy

• Corporate growth strategies and how to enable them

• Ensuring & demonstrating Corporate Governance through contracting

• Policies that can be either enabled or disabled through effective contracting

Integrating sourcing and sales strategies into the contracting strategy

• Strategic sourcing and category strategies

• Understanding how sales and revenue recognition strategies drive transactions and negotiations

• Integrating commercial relationships across the entire enterprise – how can sourcing impact sales and vice versa?

Defining the contracting process

• The key phases in world-class contracting processes

• Managing the gates in a gated contracting process

• Mobilizing the optimal tools and talents throughout the contracting process

Key international and cross-cultural contracting Issues

• Assessing key changes within international contracting frameworks – UNCITRAL Impact

• Key elements of International Law & Trade treaties – The impact upon cross cultural Contracting

• Key cultural considerations in contracting – from development and drafting to Negotiation and ongoing vendor relationship management

• Executing contracts globally – review of key requirements including use of digital Signatures

• Managing contractual breach – cultural considerations

Multi-Party contracting scenarios
Key Equipment and Materials contracts

• Capital equipment agreements

• Equipment rental and lease agreements

• MRO in the operations environment

• Ensuring supply continuity within remote operating environment

• Contractually managing inventory to ensure operational performance

Key Service contracts

• Maintenance services

• Consulting and outsourcing services

• Environmental remediation services

• Transportation and logistics agreements

• Joint ventures – Key IFRS definition & contract party management

• Contractors and their sub-contractors ensuring compliance, reputational protection

• For the buyer organization & exploring excusable/non-excusable delay clauses

• Teaming agreements – risks and rewards

• Distribution and reseller agreements

• Effectively managing Force Majeure clauses

Open discussion on existing contract types and approaches

• Types of Contracts – FEED Competition, EPC, EPCM, Reimbursable, Reimbursable

• Convertible to Lump Sum, Lump Sum Turnkey, etc. & their pros and cons

• Partnerships and Alliances in Contracts – Critical Issues (covering types of partnerships – JV, Consortium, Nominated Subcontractor, etc.)

• Critical Contract Clauses and Related Issues, Contractual Risks in Contracts

• Risks Management in Contracts

• Contractual Risks and Mitigation Measures in Contracts, covering key contract terms and conditions, contractual risks, risks identification, mitigation and management

• Claims Management in Contracts – A win-win approach (or) Effective Management of Variations & Claims

• Disputes and Resolution Mechanisms in Contracts

• Alternative Dispute Resolution (ADR) in Contracts

• Disputes Management in Contracts

• Dispute Avoidance and Mitigation- Overview of UNCITRAL Objectives under International Law

Effective contracting team dynamics

• Creating an effective core team

• Including stakeholders from across the organization as an extended team

• The role of senior management and internal sponsors

• Emotional intelligence (EI) –understanding and managing varying behavioural styles

Pursuing clarity and understanding how to attain it

• Tips on how to generate greater clarity

• The impact of clarity, or a lack of it, in overall contracting success

• Understanding the sections of the contract which are open to the risk of ambiguity

Implementing a world class contracting strategy

• Developing a project plan to implement a contract in both entities

• Setting realistic timeframes and milestones

• Anticipating resistance points and barriers – and overcoming them

• The programme will include a series of group exercises with a high level of delegate interaction.

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CCDNM™ Assessment

The CCDNM™ Assessment is an open book exercise that should be submitted within 7 days of the event finishing.

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*Only those who successfully complete the assessment and participate effectively in the course case studies will receive the Certificate in Contract Development Negotiation and Management (CCDNM™).