Contract Management and Legal Drafting Course

Introduction

Contract management is the administration of all of the activities around creating, detailing, awarding, and administering a contract. It is also about successfully managing the relationship between two people or organizations that are exchanging a product or service. This contract management training is aimed at building the learner’s knowledge and skills of the contracting management processes, principles and practices to meet their organization/project objectives.

This training course covers the three stages of contracting; negotiating the ‘deal’; drafting and documenting that deal in a robust, but practical way, drafting different legal letters, and managing the performance of the contract itself. This training course will help participants to have an awareness of practices in other areas and other industries, which can add significant value to their own situations. Moreover, the training course will also give an opportunity to consider matters from the perspective of the other party to a contract.

Who Should Attend

This seminar is designed for representatives from both IT suppliers and users/buyers, including:

• In house lawyers
• Contract managers
• Procurement managers
• Buyers
• Legal directors and managers
• Private practice lawyers and consultants

Duration:

5 days

Course Objectives

By the end of this course the learners should be able to:

• Understand the contract management process
• Select the right contract type for their project/organization
• Decipher contract legal language
• Formulate quality and legally abiding contracts
• Choose the offer that will result in the best value for the buyer
• Negotiate favorable contract terms
• Effectively administer contracts

Course Outline

Introduction to Contract Management

• Key concepts in contract management
• Understanding contract management process
• Types of contract

Concepts and Principles of Contract Law

• Mandatory elements of a legally enforceable contract
• Terms and conditions
• Remedies
• Interpreting contract provisions

Planning

• Preparing the business case
• Developing contract strategy
• Risk assessment
• Developing a contract management plan

Contract Solicitation

• Market research
• Drafting specifications and requirements
• Establishing the form of contract
• Establishing the pre-qualification, qualification & tendering procedures

Contract Evaluation

• Evaluation criteria and method
• Appraising suppliers
• Evaluating offers

Contract Award

• Negotiation
• Contract preparation
• Contract issuance and signing
• Debriefing of unsuccessful suppliers

Elements of a Contract

• Legal elements of a contract
• Basic structure of a contract
• Terms and conditions of a contract
• Contractual instruments

Contract Administration

• Contract performance monitoring and control
• Change management
• Dispute management and resolution
• Financial management
• Contract close out

Introduction to Contract Drafting

• Planning the contract
  • Identifying the elements of the contract
  • Identifying and planning to draft to reflect the deal
  • Focusing on the right things and on the key terms
• The drafting process
  • Formulating a process
  • Drafting and reviewing
• Constructing a clause
  • Identifying and using techniques for structuring a clause
• Obligations or permissive provisions
  • Drafting clearly for obligations
  • Shall,must, may

Contract Drafting Methods

• Techniques
  • Identifying techniques for clear drafting
  • Using simple words and avoiding technical language
  • Omitting unnecessary words
  • Using and misusing plurals
  • Applying the subject-verb-object approach
  • Understanding when to use the active or passive voice
  • Using punctuation
• Applying other proven techniques
• Commonly litigated words and phrases

Interpreting Contracts

• Contract interpretation
  • Understanding the principles of contract interpretation
  • Identifying the effect of recent judgments on drafting commercial agreements
• The biggest mistakes people make when reviewing contracts and how to avoid them
• Questions to ask and have answers to when reviewing contracts
• Steps to quickly and easily review contracts
• What makes contracts legally binding
• The extent to which verbal contracts can be enforced

Training Approach

This course will be delivered by our skilled trainers who have vast knowledge and experience as expert professionals in the fields. The course is taught in English and through a mix of theory, practical activities, group discussion and case studies. Course manuals and additional training materials will be provided to the participants upon completion of the training.

Tailor-Made Course

This course can also be tailor-made to meet organization requirement. For further inquiries, please contact us on: Email: [email protected] Tel: +254 721 331 808

Certification

Participants will be issued with Upskill certificate upon completion of this course.