Arlo Shortcode - upcoming courses
Course Details
Duration
1 day
What is this course about?
The skill of drafting clear and unambiguous contracts is vital to your organisation’s commercial success.
Drafting commercial contracts effectively from the outset avoids hidden risks and liabilities and ensures that you always achieve your commercial objectives.
GA’s intensive workshop on drafting commercial contracts will help you to get to grips with all the typical clauses, understand and deal with the potential risks and pitfalls involved as well as giving you the structure you need to draft clear and unambiguous contracts.
The course aims to give delegates a firm understanding of what is required to successfully draft commercial contracts. It looks at planning for the contract, risk and liability, understanding legal jargon and the legal and contractual framework.
Key topics covered
- Planning the structure of the contract
- Specifying who must do what and by when
- The Specification
- Risk – Liability – Getting Paid
- The documents that will make up the contract
- The importance of language and words
- The contract conditions
- Preparing for negotiation
- Best Practice: Final checks
Who would benefit?
This course would benefit anyone involved in tendering, preparing proposals, drafting, amending, varying, working with change or granting waivers to contracts, including:
- Commercial and contracts Directors and managers
- Executives
- Purchasing, (procurement) sales and licensing contracts people
- Those involved in tenders and proposals
- Contract managers
- Lawyers wishing to refresh skills
- Para legals
- Contract co-ordinators
- Contract administrators
- Contract negotiators
- Company secretaries
- Corporate governance officers
- Legal department members
Objectives
At the end of the course those who have attended will be able to:
- Master the skills of effective contract drafting
- Write clear and unambiguous terms
- Specify performance obligations
- Address risks
- Include effective Limitation and Exclusion Clauses
- Avoid drafting pitfalls
Key topics covered
1. Planning the structure of the contract
- Who will write the contract?
- Technical Drafting
- Commercial Drafting
- Using mind maps
- What shall or may WE offer
- What will THEY require
- What are the problems?
- What are the Risks
- Checklists
2. Specifying who must do what and by when
- What the contract must cover
- Who are the parties
- Is the contract for goods and services, or both?
- How will the contract be performed?
- Special considerations – guarantors, insurers
3. The Specification
- The Technical Task
- Work to be done
- Equipment to be supplied
- Services to be provided
- Performance tasks
- Measuring success
- Subcontracting
4. Risk – Liability – Getting Paid
- What are the risks of each party?
- Exclusion, Limitation and liquidated damages clauses
- Cascading Risk down the supply chain
- Allowances and Contingencies
- Prices Fees and payments
- Change
5. The documents that will make up the contract
- Heads of terms
- Order of priority
- Master agreements and call off agreements
- Recitals
- Special conditions
- Specifications
- Schedules
- Annexes
- Supporting documents
- Different language versions
6. The importance of language and words
- Expounding a myth: you do not pay by the word
- Representations, conditions, warranties and intermediate terms
- Definitions
- Rules of interpretation
- The golden rules
- The meanings of words
- Getting the grammar right
- Boiler plate clauses
- Drafting tips
7. The contract conditions
- Model or in-house
- Standardised or tailor-made
- Battle of the forms
8. Preparing for negotiation
- Teams
- Tasks
- Research
- Important points
- Establishing Settlement ranges
- Setting agendas
9. Best practice: Final checks
- Do the terms make commercial sense?
- Are all the risks covered?
- Is the draft wording unambiguous?
- Have we met our objectives?
- Have we allowed for change?
In-company training
Are you interested in running this course for your team or organisation?
Our drafting commercial contracts courses can be delivered on an in-company basis for up to 15 people.
All in-company courses are tailored to meet the unique circumstances of the client organisation and delegates. We will take as much time as necessary upfront to understand your contract challenges and the scenarios which will be most relevant to your delegates.
We can put the focus on any area of contract law and make reference to your contracts throughout the course.
From the outset we will provide you with expert advice and you will be assigned your own personal training adviser who will stay with you throughout the process. Every team is different so we will provide you with a tailored training programme, designed around your team’s needs and focused on your desired outcomes.
All courses are followed up by a full training evaluation report and certificates of learning for each delegate. For groups of up to 15 delegates per course, our in-company training is a very cost-effective way to develop your people and improve team performance.
Get in touch today for a full quotation to suit your budget. To discuss your requirements in more detail with one of our friendly advisers please call on 0845 130 5714 or email one of the team at info@contractlawtraining.co.uk. Alternatively you can complete the short contact form below.