Contract Development, Negotiation and Management Masterclass

The programme

Programme overview

Increasingly, organisations globally are looking to their contracting function to effectively underpin the operational benefits obtained through both tendering and negotiation. Contract teams are also expected to balance liabilities, protect against the impacts of termination, and ensure that the resulting contract is legally compliant and effective locally, regionally, and internationally.

This interactive masterclass leads delegates through the full contracting process, from establishing and prioritising contract objectives, through effective negotiation and drafting, to implementation. You will leave equipped with an understanding of the key legal principles that underpin contracts globally, and how to apply them to contract clause construction, so you can build contracts that protect against risk while capturing operational benefit.

Who should attend

Who is this programme for?

• Contract Management Professionals
• Contract Managers and Administrators
• Contract Negotiators
• Contract Lawyers and Attorneys
• Sales Contracting Professionals, Including Key Account Managers
• Purchasing, Sourcing, and Supply Management Professionals
• Procurement Managers
• Finance Professionals Involved in Contracting
• Operational Managers
• Commercial Relationship Managers
• Risk & Compliance Managers

Learning outcomes

What you will learn

• Limit your organisation's exposure through effective contract structuring, negotiation, and drafting
• Cultivate a better understanding and appreciation of contracting strategies
• Gain knowledge of complex agreements and the terms and conditions that most often cause contention
• Build flexibility into your contracts by reviewing the applicability of provisions
• Incorporate the latest international legislative and legal issues into your contract risk management process, including the UNCITRAL (United Nations Commission on International Trade Law) framework
• Discover current best practice and techniques for defining and managing contract risk, and for setting and managing performance criteria
• Examine and evaluate the methodology and benefits behind standard contracts
• Review key contractual differences between products, services, and solutions
• Explore distribution, sub-contracting, and other third-party relationships
• Appreciate the key principles behind contractual damage clauses, and apply them for optimum outcomes

Explore the programme

Detailed programme outline

5-Day Comprehensive — Training Outline

• Developing a list of contracting objectives, from technical and commercial through to legal
• Balancing quality, cost, delivery, and risk considerations
• The difference between rating and ranking, and the iterative approach
• Separating wants from needs: defining mission-critical contractual objectives and managing stakeholder expectations
• Reassessing indemnity and warranty clauses
• The appraisal and benefits of 'knock for knock' liability clauses
• Understanding the full effects of anti-indemnity statutes
• Alternative pricing clauses: the whole-life cost approach and alignment with contract objectives
• Contractual obligations that may only be determined by the court
• Determining the best course of action through applied risk assessment
• Considering termination rights and the consequences for your operations
• Alternatives in penalty clauses and rights-of-release clauses
• Enforcing clear language in unclear circumstances
• Whether enterprises can renegotiate rates amid market volatility
• Cost analysis models in contract negotiations: issues and opportunities
• Using Porter's Five Forces model to understand where the balance of power lies between buyers and contractors
• Whether you have gained or lost negotiating power due to recent trends
• The keys to maximising power in a negotiation
• Understanding the shift in power and how to control it
• The impact of power on negotiations
• Developing a contract-specific power/influence matrix
• Corporate growth strategies and how contracting enables them
• Ensuring and demonstrating corporate governance through contracting
• Policies that can be enabled or disabled through effective contracting
• Strategic sourcing and category strategies
• How sales and revenue recognition strategies drive transactions and negotiations
• Integrating commercial relationships across the enterprise: how sourcing and sales impact each other
• The key phases in world-class contracting processes
• Managing the gates in a gated contracting process
• Mobilising the optimal tools and talent throughout the process
• Assessing key changes within international contracting frameworks: the UNCITRAL impact
• Key elements of international law and trade treaties, and their impact on cross-cultural contracting
• Key cultural considerations, from development and drafting through negotiation and ongoing vendor relationship management
• Executing contracts globally, including the use of digital signatures
• Managing contractual breach: cultural considerations
• Capital equipment agreements
• Equipment rental and lease agreements
• Maintenance, Repair, and Operations (MRO) in the operations environment
• Ensuring supply continuity in remote operating environments
• Contractually managing inventory to ensure operational performance
• Maintenance services
• Consulting and outsourcing services
• Environmental remediation services
• Transportation and logistics agreements
• Joint ventures: key IFRS definitions and contract party management
• Contractors and their sub-contractors: ensuring compliance and reputational protection for the buyer organisation
• Exploring excusable and non-excusable delay clauses
• Teaming agreements: risks and rewards
• Distribution and reseller agreements
• Effectively managing Force Majeure clauses
• Contract types and their pros and cons: FEED Competition, EPC, EPCM, Reimbursable, Reimbursable Convertible to Lump Sum, and Lump Sum Turnkey
• Partnerships and alliances in contracts: joint ventures, consortiums, and nominated subcontractors
• Critical contract clauses, contractual risks, and risk mitigation measures
• Claims management: a win-win approach to managing variations and claims
• Disputes and resolution mechanisms, including Alternative Dispute Resolution (ADR)
• Dispute avoidance and mitigation: an overview of UNCITRAL's objectives under international law
• Creating an effective core team
• Including stakeholders from across the organisation as an extended team
• The role of senior management and internal sponsors
• Emotional intelligence (EI): understanding and managing varying behavioural styles
• Tips for generating greater clarity
• The impact of clarity, or a lack of it, on overall contracting success
• Understanding which sections of a contract are most open to ambiguity
• Developing a project plan to implement a contract across both entities
• Setting realistic timeframes and milestones
• Anticipating resistance points and barriers, and overcoming them

10-Day Extended Programme — Training Outline

• Extended workshop: building a full objectives-prioritisation matrix for a live contract scenario
• Case study review: comparing provision drafting across three contract types
• Practical exercise: resolving an ambiguous clause dispute scenario
• Extended negotiation role-play, applying Porter's Five Forces to a live scenario
• Workshop: mapping your own organisation's power/influence matrix against a key supplier or client
• Final capstone: presenting your contracting strategy implementation plan

Learning approach

How you will learn

Our diverse instructional approaches ensure effective learning:

– Lectures & Presentations: Engage with expert-driven, stimulating content.– Course Material: Access well-crafted supporting resources.– Group Work: Collaborate on discussions and case studies for practical insights.– Workshops & Role-Play: Participate in immersive, scenario-based activities.– Practical Application: Focus on applying theoretical knowledge in real situations.– Post-Training Support: Receive extensive support after training for skill implementation.

Discuss your requirements

Dates, duration & arrangements

Contact Ratomac to confirm dates, duration, delivery format, entry requirements and any applicable assessment or certification before booking.