Course Details

This course is appropriate for a wide range of professionals but not limited to:

• Contract Administrators and Managers
• Procurement and Purchasing Professionals
• Sales and Business Development Managers
• Project Managers and Commercial Analysts
• Professionals responsible for signing or managing contracts

• Expert-led sessions with dynamic visual aids
• Comprehensive course manual to support practical application and reinforcement
• Interactive discussions addressing participants’ real-world projects and challenges
• Insightful case studies and proven best practices to enhance learning

By the end of this course, participants should be able to:

• Understand the five essential elements required for the formation of a legally binding contract.
• Interpret and apply common contractual terms and conditions (T&Cs) in commercial agreements.
• Analyze contract risks related to breach, termination, liability, and indemnity.
• Apply legal concepts to the management of change orders and contract variations.
• Differentiate between various remedies for breach of contract (damages, injunctions).
• Minimize legal exposure by identifying and avoiding common contracting pitfalls.

DAY 1

Contract Formation and Essential Elements

• Welcome and introduction
• Pre-test
• Definition and sources of Contracts Law
• The five elements of a valid contract: Offer, Acceptance, Consideration, Intent, and Capacity
• Understanding legal pitfalls: Mistakes, misrepresentation, and duress
• The difference between oral, written, and implied contracts
• Introduction to contract interpretation principles

DAY 2

Contractual Terms and Boilerplate Clauses

• Differentiating between express and implied terms, conditions, and warranties
• Analyzing common contractual clauses: Force Majeure, Governing Law, Assignment
• Understanding and negotiating Indemnity and Limitation of Liability clauses
• Defining key commercial terms: Price, payment, and delivery terms (Incoterms)
• The importance of entire agreement clauses and precedent

DAY 3

Performance, Breach, and Remedies

• Principles of contract performance and discharge of obligations
• Defining Breach of Contract (material vs. non-material breach)
• Understanding remedies for breach: Damages (liquidated vs. unliquidated), specific performance
• The right to suspend or terminate a contract (for cause vs. for convenience)
• Managing and documenting non-performance issues

DAY 4

Contract Variations and Dispute Resolution

• Legal requirements for effective Contract Variations and change orders
• Managing the legal status of verbal instructions and "deemed" acceptance
• The legal framework for claims and notices requirements
• Introduction to Dispute Resolution Mechanisms: Negotiation, Mediation, Arbitration, and Litigation
• Legal considerations in the use of bonds, guarantees, and security

DAY 5

Practical Legal Risk Mitigation and Review

• Review of common legal mistakes and how to avoid them
• Legal due diligence in contracting parties
• Compliance with anti-bribery and corruption laws in contracts
• Review of key case studies in business contract disputes
• Post-test
• Certificate ceremony