Contract Management And Legal Drafting Course

INTRODUCTION

Mastering the intricacies of contract management and legal drafting is essential for ensuring smooth business operations and minimizing risks. This comprehensive training course delves into the three critical stages of contracting: negotiating the deal, drafting and documenting agreements, and managing contract performance. Participants will learn best practices from various industries, enhancing their ability to apply these skills effectively in their own contexts. Additionally, the course offers a unique opportunity to understand contracts from the perspective of all parties involved, fostering a well-rounded approach to contract management. By the end of this course, participants will have the skills to negotiate effectively, draft robust legal documents, and manage contracts efficiently, ensuring compliance and mitigating potential disputes.

Course Objectives

Upon completion of this training course, participants will be able to:

• Understand the importance of negotiating the "deal" before structuring contract documentation
• Utilize tools and techniques to assist in negotiations and enhance contract management efficiency
• Assess and modify specific contract clauses, using real-world examples
• Apply good legal writing practices
• Demonstrate proficiency in legal writing
• Implement strategies to avoid or manage disputes successfully
• Apply practical tips for dealing with non-performance issues
• Analyze the mechanics of contracting in the English language

Duration

10 Days

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

Course Content

What is the "Deal" Behind the Contract, and How Do You Get There?

• Understanding contract form, ingredients, and basic structure
• Exploring the context of commercial arrangements
• Innovative commercial solutions (e.g., Partnering, "BOOT" contracts)
• Relationship between negotiation and contract drafting
• Closing a deal – Authority to sign and agency principles
• Formalities to finalize the contract

Negotiating and Drafting Contracts

• Principles of negotiating in contracting
• Handling difficult and complex negotiations
• Structuring complex documents and understanding the hierarchy of terms
• Using and modifying standard forms
• Precedents in international contracting
• Addressing contract qualifications and amendments

Legal Drafting for Organizations & Factories

• Recognizing signs of a well-drafted contract
• The language of drafting: Will vs. Shall vs. Must
• Legal formalities for binding contracts
• Structure and formation of commercial contracts
• Importance of boilerplate clauses
• Effectively using preliminary documents like Heads of Terms
• Avoiding vague words and expressions
• Overview of cross-border contracts: Distribution vs. Joint venture vs. Agency agreements
• Share Purchase Agreements and risk allocation
• Troubleshooting contract errors

Plain English in Legal Correspondence

• Best practices in legal writing
• Transitioning from legalese to Plain English
• Eliminating unnecessary archaic phrases
• Using collocations and avoiding legal jargon
• Writing effective short and long emails
• Formal email writing techniques

Legal Writing Troubleshooting for Insurance and Other Sectors

• Managing English idioms and rephrasing for clarity
• Eliminating unnecessary words and using consistent terminology
• Avoiding ambiguity and vagueness
• Correct use of prepositions in dates
• Identifying problem words and choosing the right words
• Removing gender-specific language in sentences

Drafting Specific Clauses in Production & Services

• Crafting operative provisions and performance obligations
• Addressing title, risk, and payment provisions
• Managing contract variations and amendments
• Handling termination, suspension, and remedies for default
• Limitation and exclusion of liability, force majeure, and waiver
• Understanding law of the contract and dispute resolution

Effective Contracts Management

• Risk assessment and management
• Assigning responsibilities and conducting kick-off meetings
• Managing defaults, delays, and disruptions
• Handling claims and payment issues, including international trade
• Learning from past experiences

Dealing with Disputes

• Identifying potential problems and addressing issues proactively
• Differentiating between legal rights and commercial outcomes
• Structuring negotiations for internal dispute resolution
• Exploring external dispute resolution methods – Litigation, Arbitration, Adjudication, Expert Determination, and Mediation

General Notes

• The course is delivered by seasoned trainers with extensive professional experience.
• Training includes practical activities, theoretical knowledge, group work, and case studies.
• Participants receive comprehensive training manuals and additional reference materials.
• A certificate is awarded upon successful course completion.
• Custom-tailored courses to meet specific organizational needs are available. Contact us at training@skillsforafrica.org for more information.
• The training will be conducted at the Skills for Africa Training Institute in Nairobi, Kenya.
• The training fee covers tuition, materials, lunch, and the training venue. Accommodation and airport transfer can be arranged upon request.
• Payment should be made to our bank account before the training starts, and proof of payment sent to: training@skillsforafrica.org