Course Details

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

• Project Managers and Project Engineers
• Contract Administrators and Procurement Specialists
• Commercial Managers and Business Leaders
• Technical Leads involved in contractor scope definition
• Individuals responsible for contract award or change orders

• 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:

• Conduct thorough pre-negotiation planning, including BATNA, WATNA, and ZOPA analysis.
• Effectively manage power dynamics and information asymmetries when negotiating with large contractors.
• Master negotiation strategies for high-risk contractual clauses (indemnity, liability, liquidated damages).
• Apply techniques for negotiating scope changes, time extensions, and claims.
• Understand and counter typical contractor negotiation tactics and maneuvers.
• Build long-term, collaborative relationships while securing best value for the organization.

DAY 1

Strategic Planning for Contractor Negotiations

• Welcome and introduction
• Pre-test
• The strategic context of contractor negotiation: From procurement to claims resolution
• Rigorous Pre-Negotiation Analysis: Defining BATNA, WATNA, and Reservation Points
• Identifying the contractor’s underlying interests and priorities
• Assessing the Power Dynamics and leveraging market intelligence
• Establishing clear negotiation objectives and success metrics

DAY 2

Advanced Negotiation Techniques

• Mastering the opening moves: Anchoring, framing, and setting the tone
• Effective communication: Active listening, questioning, and managing non-verbal cues
• Dealing with contractor tactics: Lowballing, good cop/bad cop, and ultimatums
• Techniques for managing internal alignment and leading the negotiation team
• The process of concessions and maximizing value trades

DAY 3

Negotiating Contractual Clauses

• In-depth negotiation of Limitation of Liability and Indemnity clauses
• Negotiating performance guarantees, warranties, and defects liability periods
• Strategies for agreeing on payment terms, pricing adjustments, and escalation mechanisms
• Negotiating intellectual property rights and confidentiality agreements
• Practical workshop: Negotiating the main commercial terms of a contract

DAY 4

Negotiation in the Execution Phase (Claims and Changes)

• Negotiating Change Orders and contract variations (scope, cost, time)
• Strategies for managing and resolving contractor claims (delay, disruption, unforeseen conditions)
• Negotiating the settlement of liquidated damages and penalties
• Techniques for negotiating extensions of time (EOT) and acceleration costs
• Managing negotiation with sub-contractors and subcontractors

DAY 5

Relationship Management and Review

• Techniques for building and maintaining collaborative long-term contractor relationships
• Ethical considerations and maintaining professional integrity in negotiation
• Documentation: Recording minutes, agreements, and formalizing outcomes
• Post-negotiation review and continuous improvement
• Post-test
• Certificate ceremony