Expertise in Professional Contract Manager (Advance) Event, 02.Feb.2025

Introduction

A Certified Professional Contracts Manager course demonstrates that one has met the highest standards for education, training, and knowledge of the uniform commercial code and experience along with demonstrated knowledge of the contract management competencies. Contract management becomes strategic for many companies exposed to complex projects. The scope of contract management has strongly evolved in the last ten years. It now becomes more mature and offers a range of processes to be applied during the contract life cycle.

Course Objectives of Professional Contract Manager (Advanced)

• Understanding the principles of contract management
• Understanding the role of legal contract in business relationships
• Understanding supplier management and Tenders
• Understanding the structure of the legal contract
• Understanding the roles in the contract management profession

Course Outline of Professional Contract Manager (Advanced)

Day 1

Pre-Award

• Contract Financing
• Contract Principles
• Contract Structures
• Contracting Methods
• Intellectual Property
• Laws and Regulations
• Socioeconomic Programs
• Standards of Conduct (includes OCOI)

Day 2

Acquisition Planning and Strategy

• Acquisition Planning/Market Research/Marketing
• Cost and Price Analysis
• Drafting Solicitations
• Negotiation
• Protests
• Responding to Solicitations
• Source Selection & Contract Award

Day 3

Post-Award

• Contract Administration
• Contract Changes and Modifications
• Contract Closeout
• Contract Interpretation & Disputes
• Contract Termination & Excusable Delay
• Quality Assurance
• Subcontract Management
• Transportation

Day 4

Specialized Knowledge Areas

• Architect-Engineer Services and Construction
• Government Property
• Information Technology
• International Contracting
• Major Systems
• Research and Development
• Service Contracts
• Specialized Areas
• State and Local Government
• Supply Chain

Day 5

Business Areas

• Accounting & contracts
• Economics for contracts
• Finance Analysis for contracts
• Information Science/IT & their contracts
• Leadership Skills
• Management
• Marketing
• Operations Management

Day 6

What is the “deal” behind the contract, and how do you get there?

• What constitutes a contract: form, ingredients, and basic structure
• The context of commercial arrangements
• Innovative commercial solutions (e.g. Partnering, “BOOT” contracts, etc)
• Relationship between negotiation and contract drafting
• Closing a deal - Authority to sign and agency principles
• Formalities to finalise the contract

Negotiating and Drafting Contracts

• Negotiating Principles in Contracting
• Negotiating in difficult and complex situations
• Structuring complex documents – the hierarchy of terms
• Using and modifying standard forms
• Precedent in international contracting
• Dealing with contract qualifications and amendments

Day 7

Legal Drafting for organizations & factories

• Signs of a well-drafted contract: The simple rules!
• The language of drafting: Will v Shall v Must
• Identifying the legal formalities for a binding contract
• Structure and formation of a commercial contract: follow the formula and you won’t go wrong
• The importance of Boilerplate clauses: overlooking them can cost the business billions of pounds.
• The preliminary documents- using Heads of Terms effectively
• Vague words and expressions in commercial contracts- know the pitfalls!
• Overview of cross border contracts: Distribution v Joint venture v Agency agreements
• Share Purchase Agreements: allocating risks between the buyer and seller 
• Troubleshooting: trace and correct errors in your contract

Day 8

Plain English in Legal Correspondence

• Good legal writing practice
• Moving from legalese to Plain English
• Unnecessary archaic and meaningless phrases
• Collocations
• Pitfalls and issues relating to the use of legal jargon in legal writing
• Writing short emails
• Writing long emails
• Writing formal emails

Legal Writing Troubleshooting for insurance and other sectors

• The problem of English idioms
• Rephrasing English idioms easily confused words
• Cutting unnecessary
• y words
• Use of consistent terminology
• Ambiguity: how to avoid it
• Vagueness: how to avoid it
• Misuse of the preposition in dates
• Problem words
• Constantly litigated words
• Personal pronouns
• Choosing the right words
• Rewriting sentences to remove gender-specific language

Day 9

Drafting Specific Clauses in Production & Services

• Operative provisions and performance obligations
• Title, Risk, and Payment provision
• Contract variations: transfer of rights, amendment, and the scope of work
• Termination, suspension, and remedies for default
• Limitation and exclusion of liability, force majeure, and waiver
• Law of the contract and dispute resolution

Effective Contracts Management

• Risk assessment and management
• Assignment of responsibilities and kick-off meetings: setting and managing expectations
• Dealing with defaults, delay, and disruption
• Managing claims
• Payment issues – including international trade
• Lessons learned

Day 10

Dealing with Disputes

• Recognizing potential problems and dealing with issues as they arise
• Legal rights and commercial outcomes distinguished
• Negotiation structures for internal dispute resolution
• External dispute resolution – Litigation and Arbitration
• Modern alternatives in dispute resolution –
  • Adjudication
  • Expert Determination
  • Mediation
• Overview of the course, and final question session