In todays high performance competitive market place it is vital that our commercial staff have the broad range of skills needed to win and effectively manage projects / contracts. In particular there is a requirement for a deeper understanding of the legal and contractual aspects associated with commercial operations and the commercial project life cycle. Managing this well can result in increased performance, profit and the avoidance of unforeseen issues and costs.
This 2 or 3 day course provides awareness and understanding of the key legal and contracting principles and implications associated with the commercial project life cycle, including legal and regulatory frameworks. It is designed for those involved in the commercial and legal aspects of prospecting, bidding, contracting, implementation and management of customer contracts and associated sub-contracts, customer acceptance and contract close.
On completion of this workshop, delegates will:
- Be able to demonstrate a deeper understanding of the commercial lifecycle and associated legal issues
- Understand the legal and contractual principles associated with winning and managing prime and sub contracts
- Be able to select and implement the most effective commercial agreements
- Gain a deep understanding of the legal and regulatory framework and requirements in which their organisation and line of business operate
- Increase their skills in contract interpretation and drafting
- Gain a deeper understanding of commercial liabilities and the contractual mechanisms for addressing them
- Review and analysis of the commercial life cycle – prospecting, bidding, contracting, implementation, management, acceptance and close
- Principles of contract and legal construction
- Contractual terms (implied/express, conditions/warranties, boilerplate), contract drafting and interpretation
- Pre-bid and pre-contract agreements and instructions to proceed
- Review of prime contract structures and approaches
- Subcontracting and flow down approaches
- Review of specific terms including: entire agreement; liability capping; economic and consequential loss; force majeure; insurance, performance, Intellectual Property and any other clauses relevant to the delegates
- Contract management, including acceptance and performance, change management, dispute/default management and contract closure / termination
- Partnership/teaming agreements and joint ventures
Who should attend
Suitable for sell-side commercial professionals, project managers and others involved in commercial project life cycle management seeking to enhance their depth of their understanding
This course can be readily customised or adapted to enable client specific policies, approaches, challenges and opportunities to be incorporated into the training materials and delivery.