Contract Management for Non-Lawyers

Additional course details

Common and Civil Law Approach

This workshop is presented in Thailand, which takes a civil law approach to contracting. However, the organisers recognise that delegates may come from, or be working in other countries in the region, where a common law approach is followed. The workshop will therefore cover both common law and civil law principles.

Hands On, Interactive Presentation

This workshop is designed around case studies and practical examples. Delegates are encouraged to discuss matters, raise questions with the presenter and work out practical solutions to practical problems. Through a combination of lectures, discussion and hands on problem solving, this workshop will provide a thorough, comprehensive understanding of contract law principles at work.

Agenda

TOPIC 1
Basics of contract law, drafting and formation

• Where contracts fit into the overarching legal framework – which laws we can amend through our contract and which we cannot
• Common myths and false assumptions about contracts
• Understanding when a contract is in place
• Elements of contract including
  • Offer, acceptance, consideration, intention, legality, capacity to contract

TOPIC 2
Best practice tendering and procurement processes

• Common legal and probity risks in procurement – Identifying the potential issues
• Recent case law on tendering and what this means for you
• The ‘process contract’ – what this is, when this is created, and what this means as a matter of practicality

TOPIC 3
Interpreting and applying contracts

• Principles of interpretation
• Priority of documents clauses
• Amending standard form contracts

TOPIC 4

Contractual Relationships

• Communications and notices including:
  • Proper form of communications
  • Serving notices under the contract
  • Use of emails and other electronic communication
• Privity of contract
• Transferring rights and obligations:
• Cession, novation, assignment and delegation.
• Changing the parties to the contract

TOPIC 5
Problematic contractual clauses and mitigating risk

• Overcoming problems by identifying and understanding difficult clauses
  • Dealing with breach of contract including:
    • Termination
    • Damages, liquidated damages, penalties
    • Orders for specific performance
  • Limitations of liability and exclusion of liability.
• Cancellation for convenience
  • Force majeur, impossibility and frustration

TOPIC 6
Dispute resolution and resolving contractual breaches

• Understand the remedies available and the different methods of dispute resolution when things go wrong
• Alternative Dispute Resolution (ADR) – how to avoid going to court and costly litigation

Project Victor is a leading Project Management Training and Consulting services provider in Thailand and South East Asia.
PMP^® is the registered marks of the Project Management Institute, Inc.