2nd GPF EW on Excell. in Negotiating & Managing Contract, 20-21 Mar 27, SPR

2nd GPF Exe Workshop on Excellence in Negotiating and Managing Contracts, 20-21 Mar 27, Singapore 2nd GPF Exe Workshop on Excellence in Negotiating and Managing Contracts, 20-21 Mar 27, Singapore Dear colleagues About the Course This 2-day executive workshop explores the legalities of contract and contractual obligations from the perspectives of a contract manager. This overview and understanding of the operations of Contract Law will therefore better enable persons employed in the role of contract managers to fulfill their responsibilities in an effective way. This executive workshop is designed to provide those responsible for drafting and/or negotiating and managing the contracts process, how to write effective contract provisions schedules so they result in commercial success, and how to plan and execute negotiations. Contract drafting and negotiating is becoming one of the core activities of management. Furthermore, in today’s increasingly cost conscious environment where every dollar must be justified, effecting robust contracts is even more critical. No longer are only contract specialists involved in the contract process, professionals of all disciplines have a vital role to play in the development of successful contracts and their negotiation. This hands-on training course will deliver the key frameworks for planning, drafting, and negotiating contracts. Who Should Attend Contract managers, Facility Managers Tender & Procurement Managers Infrastructure finance professionals, Business Account Managers and IT professionals. Course Outline Day 1 – Morning session 1. An Effective Contract Manager’s Essential Negotiation skills - The • o Clarifying objectives & goals • o Bargaining tools • o Compromising without losing out • o PIOC Harvard Techniques • o Harvard Negotiation Project • o Breakthrough Strategies in Difficult Negotiations • o Tips for a Successful Negotiation Coffee break 2. Successful Contract Administration - Sharing Tips and Best practices - Doing Things Right the first time - Building blocks of company organization - Not ignoring business awareness and ethics - Case-study: The Unfair Advantage case - The Pentagon objective for efficient administration techniques 3. Roles and Responsibilities of a Contract Manager • o Drafting skills Lunch Day 1 - Afternoon Session 4. Features of Contract Management • o Contract Management Process • o Contract Administration • o Negotiating and Managing Performance through Service Level Agreements Afternoon Tea break 5. Enforceability – Is the contract enforceable? • o Offer & Acceptance Day 2 – Morning Session 6. The Contents of Contract – how to manage? • o Standard form contracts • o Conditions and Warranties • o Complex Terms • o The Suisse Atlantique case • o Identifying fundamental terms and minor terms • o Recognising the practical significance of this distinction as remedies vary • o Express & Implied Terms • o Parol Evidence Rule • o Unconscionable bargains and unreasonable terms of contract • o The incorporation of terms Morning Coffee Break 7. Managing Contract Performance • o Variations to the existing contract - Negotiating variations and potential legal pitfalls • o Extensions and renewals – effective use of extension and renewal clauses – best practices with regard to notices • o Completion of works and original expectations – reviewing contract specifications and matching with performance • o Withdrawing from the contract – understanding the legalities of wrongful withdrawal • o Termination and post-termination actions The Effective Use of Service Level Agreements • o Measuring performance levels • o Key performance Indicators • o SLA and the substantive Outsourcing Contract between the parties • o Penalties, Charges, Earn back points and Invoice Adjustments Lunch Day 2 – Afternoon Session 8. Vitiating Factors in a Contract • o Mistake 9.Termination of contracts • o Discharge of contracts 10.Construction of the Contract • o express provision • o hardship clauses or intervener clauses • o force majeure clause 11.Remedies for the Breach of contract • o Assessment of damages – the compensatory aim • o Obtaining injunctions • o Liquidated damages • o Penalty clauses • o Remoteness of damage under the rule in Hadley v Baxendale • o Mitigation of damages • o Specific performance • o Quantum Meruit (for the work done) 12.Enforcement Methods • o Identifying and evaluating the various strategies in dispute resolution • o Litigation, arbitration and mediation, mini-trials • o Ways to structure efficient dispute resolution clause Afternoon Tea Break 13. Contract Review and Meetings • o Identifying performance issues • o Constructing an Agenda for a meeting • o Setting out specific roles for participants in the meeting • o Anticipating the positions and expectations of the other party • o Managing the meeting process 14. Managing Contract Documentation • o files and records • o defensive record keeping for evidential purposes • o version controls and software • o document sharing and security About the Course Director Catherine Tay Swee Kian has over 35 years of experience lecturing business and contract law as Associate Professor at the National University of Singapore (NUS), Department of Strategy and Policy, NUS Business School. She is currently lecturing in Industrial Relations and Labour laws at the Ong Teng Cheong Institute of Labour Studies for over 11 years. She was a Visiting Consultant and adjunct lecturer at the Institute of System Science, NUS for over 16 years lecturing IT outsourcing contracts, intellectual property and contract law. She has lectured and facilitated at many seminars, workshops and customised courses for many companies, organisations, hospitals and institutes of higher learning both in Singapore, Malaysia, Thailand and overseas in topics including contract law management and contract administration. She is an Advocate and Solicitor of the Supreme Court of Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). She was Associate Director of the law firm Bernard & Rada Law Corp. She was a committee member of the editorial board of the Singapore Accountant Journal, Journal of the Institute of Certified Public Accountants of Singapore and the (United Kingdom) The Company Lawyer. She was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She was a member of the editorial board of the “Singapore Polytechnic Graduate Guild Journal”. She is currently the Chief Editor of Management Development Institute of Singapore Journal. She has presented several papers at many conferences and seminars on Business Law, Company and Insolvency Laws both overseas and in Singapore. She conducts in-house training courses for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations including Keppel Shipyard, IBM, Singapore Power; SingTel Mobile Singapore Pte Ltd; ST Logistics; Changi Airports International; PetroChina International (Singapore) Pte. Ltd; Frasers & Neave Centrepoint; Dentsu Singapore Pte Ltd; Bismark, Indonesia; Singex - Singapore Expo; HSBC Bank; Solar Energy Research Institute of Singapore (SERIS); College of Insurance, Singapore; Social Service Institute; HDB. She graduated from the Queen Mary College, University of London with a Bachelor of Laws (Honours) degree in 1977 and a Master of Laws degree in 1979, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws. She was called to the English Bar by Lincoln’s Inn in 1978. She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.