Negotiate, draft and manage contracts in English

Negotiate, draft and manage contracts in English

This is an interactive and interdisciplinary course for project managers, contract managers, bid managers etc. without formal legal education on how to understand and proactively handle commercial, technical and legal aspects when negotiating, drafting and managing contracts in English.

In order to better negotiate, draft and manage contracts, it is important to understand the legal, technical and commercial drivers behind contracts and contract clauses.

The aim of this course is to install better contract management through connecting and integrating these commercial, technical and legal issues. The course will cover how to optimally negotiate, draft and manage warranties and best efforts clauses, liquidated damages, limitation of liabilities, force majeure and indemnification clauses, best efforts clauses etc. in relation to the business purposes, the project risks involved, the legal requirements (e.g. in relation to its wording and legal effect), which amounts and ceilings are commonly agreed to, the applicable law etc.

Interactive course focused on aspects of negotiating, drafting and managing contracts

Benefits

Through the course you will obtain abilities to understand the legal, technical and commercial drivers behind contracts and contract clauses, enabling you to negotiate, draft and manage contracts, resulting in overall better contract management.

Course content

There will be focus on the specific clauses and also how the clauses relate to each other, e.g. how force majeure clauses may work as a limitation of liability, and the relationship between warranties, indemnities and liabilities.

The course is divided into two days where the content is as following:

Day 1

• Letters of intent
• Recitals, definitions, interpretation clauses
• Warranties, sole remedies, defects liability
• Reasonable efforts, best efforts and similar concepts
• Indemnities, hold harmless and disclaimers of liability
• Product liability clauses

Day 2

• Penalty clauses, liquidated damages, service credits etc.
• Force majeure, Hardship, adjustment and re-negotiation duties
• Change and claims management
• Termination and post-contractual obligations
• Dispute resolution (choice of law and jurisdictions).

Course form

The participants are offered to bring their own examples of clauses for discussion. Furthermore, as part of the course, the participants will be given negotiation and drafting guides to some of the most important clauses, including management processes and tips and tricks and lessons learned.

In conclusion: negotiating, drafting and managing contract will be easier to understand and handle for the ones involved, thereby minimising conflicts and supporting better business outcomes.