One of the most important functions of contracting is ensuring that risks to both the contractor and the owners are identified and managed in such a way that both parties are satisfied with the project results. While a contract cannot make risk "go away," it can and should identify the risks, as well as who is responsible for managing each individual risk and the consequences if the risk occurs.
Critical understanding of the risk mitigation process
Knowledge to move contracts from the tactical to a more important strategic focus
Ability to identify risks that can arise
Skills in allocating contract and procurement risk
Examples of Contract Terms and Conditions which allocate risk
Provide an understanding of how risk arises
Compare different methods of identifying and assessing risk
Review the impacts of different approaches to risk allocation
Explore different Contract types to transfer risks
Consider the contractual techniques to ensure effective risk allocation
Review risk management techniques during the life of a contract
Participants will increase competencies through a variety of instructional methods including lecture by an experienced practitioner and consultant, cases / exercises, reviewing published articles, checklists, and group discussions covering current practices and their relationship to the implementation of new concepts.
Delegates are encouraged to bring real problem examples with them, for discussion on a confidential basis, and to share their experience of particular issues in their company or industry. Time will be allowed for general discussions, and for one-to-one discussions with the trainer.
Expanding the expertise of personnel involved in contract development and management will allow project and general management teams to be more effective
The total cost of ownership will be understood and reduced by properly identifying and managing the risks
Clear allocation of risk will reduce the possibility of disputes, and any that do arise should be settled more quickly, with less cost, delay and disruption
Reducing project failure, costly changes, and cost overruns resulting from poor understanding and management of risk
Implementing better risk management which improves the chance of project success
Developing an appreciation of the true effect of contractual indemnities which will enable better decision-making as to contract structures and ensure that risk is passed to others properly and in a cost-effective manner
Increased understanding of risk
Better ability to allocate risk and to select the appropriate contractual regime to achieve your aim
Develop risk identification and assessment skills
Heighten understanding of the alternative methods of allocating risk
Improve understanding of different approaches to managing risk during a contract
Improve the ability to reduce the negative impact of poorly-managed risk on a project or a company
Contracts, Tendering, Purchasing, Procurement, and Project Personnel
Contract Administration, Engineering, Operational and Maintenance Personnel
Risk, Claims, Financial, and Audit Personnel
Project Management Professionals
And all others who are involved in the planning, evaluation, preparation and management of tenders, specifications, awards and contracts that cover the acquisition of materials, equipment, and services and who are in organizations whose leadership want high levels of competency in those involved in these activities
The Need for Contractual Relationships
Defining Risk
Categories of Risk for Both Sides of a Contract
Risk Assessment Process
Managing Risk
Qualifying Suppliers
Defining Internal Control
Proportionality of Control
Transferring Risk through Contract Types
Firm Fixed Price or Lump Sum Contracts
Cost Reimbursable Contracts
Incentive Contracts
Award-Fee Pricing Arrangements
Indemnities
Cross Indemnities
Insurance
External Events
Force Majeure
Strikes and Other Labor Disputes
Risk and Title
Use of ICC Incoterms
Assignment and Novation
Other Clauses that Need to Flow Down to Sub-contractors
Risks Associated with Sub-Contractors
Controlling Risk Associated with Payments
Currency Risk
Economic Risk
Fraud and Corruption
Limiting or Excluding Liability
Distinctions between Liability in Contract, and the General Law
Gross Negligence
A Review of Some Sample Clauses from Standard Contracts, and other Real Documents
Mistakes and Misrepresentations
Impracticability of Performance
Remedies Generally
Types of Remedies
Liquidated Damages
Warranties
Cover
Discussion of Real Examples (delegates are encouraged to bring real or made-up examples for discussion)
Review of Course, Questions and Answer Session