CERTIFIED PROFESSIONAL IN CONTRACT MANAGEMENT & ADMINISTRATION

NAME OF THE COURSE
CERTIFIED PROFESSIONAL IN CONTRACT MANAGEMENT & ADMINISTRATION
 
CERTIFICATION
CERTIFIED PROFESSIONAL IN CONTRACT MANAGEMENT & ADMINISTRATION
 
COURSE OVERVIEW
Strategy Execution contract management training courses give you a solid understanding of the acquisition community and prepare you to manage the entire procurement process. Strategy Execution collaborates with federal, state, and local government and agency clients at all levels. This equips us to provide the guidance you need to navigate the ever-changing compliance mandates, regulations, and directives.
Our contract management program curriculum blends textbook theory with real-life perspectives that allow you to assess, manage, and solve complex challenges that may arise in all phases of the contract life cycle. Whether you’re involved with commercial, federal, or international contracts, our training will help you manage your contracts effectively and efficiently from start to finish and allow you to contribute to successful project outcomes.
 
TRAINING DURATION
Total Training Hours: 22 Hours
Training Duration: 1 Week
Total Training Days: 4-5 Working Days
 
TRAINING SCHEDULE
Weekdays (Sunday to Thursday)
Regular Sessions : 4 – 6 Hrs Per day (9 am to 2 pm or 3.00 pm to 9.00 pm)
Food & refreshments Included
Weekends (Friday & Saturday)
Fast Track Sessions: 8 Hours per day (9 am to 5 pm)
Food & refreshments Included
 
CERTIFICATION
Globally recognized certificate from “Kings Global Career Academy”
 
TEST
No
 
LEARNING AIDS
Yes
 
COURSE MATERIAL
Hard & Soft Copies of Study Material
 
LANGUAGE OF INSTRUCTION
English
 
INSTRUCTOR HELPLINE
Yes
1. Email
2. Social Media (For Emergency requirements)
 
REGISTRATION REQUIREMENTS
1. Passport Copy
2. Curriculum Vitae
3. Passport size photographs
4. Course Fee
 
MODE OF PAYMENT
Cash / Cheque / Credit Card / Bank Transfer.
 
COURSE ELIGIBILITY 
ideal for contract managers or persons employed in the role of managing contracts to fulfil their responsibilities in an effective way.
 
COURSE BENEFITS
the course 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 fulfil their responsibilities in an effective way.
 
COURSE CONTENTS
Roles and Responsibilities of a Contract Manager
 
Drafting skills
  • Formalities, structure and format
  • Drafting with or without precedents
 
Commencing the contractual process
  • Relationship building
  • Setting Targets, timelines and periodic review
 
Defining expectations
Project Manager – Outsourcing contracts
  • Role definition and responsibilities
Features of Contract Management
 
Contract Management Process
Contract Administration
Negotiating and Managing Performance through Service Level Agreements
  • Identify issues to be managed
  • Establish an effective team
  • Lists of services and deliverables expected
  • Importance of having a well-constructed SLA
  • Evaluating and managing contractor performance
  • Developing, implementing and measuring Key Performance
 
Indicators to monitor the quality of service
  • Drive business value to meet the company’s goals
 
Statement of Works
Change Orders
Outsourcing Contracts
  • Checklists for IT Outsourcing contracts
  • Services to be performed by the vendor
  • Charges e.g. GST
  • Hardware and software
  • Project managers
  • Warranties e.g. performance standards
  • Backup and disaster recovery
  • Exclusion of liabilities
  • Turn-back services
  • Indemnity
  • Confidentiality
  • Force majeure
  • Waiver
  • Assignment
  • Entire agreement
  • Governing law
 
Intellectual Property management Issues
  • Patents
  • Trademarks and service marks
  • Confidentiality clauses
  • Copyrights, industrial designs
 
Enforceability – Is the contract enforceable?
 
Offer & Acceptance
  • Invitation to treat e.g. auction and tenders
  • Electronic formation of contract e.g. e-offer or e-acceptance
 
The Enforcement of Bargains
  • Consideration
  • The requirement of a benefit/detriment in a contract
  • Rules of consideration in drafting innovative contracts
 
Intention to Create Legal Relations
Capacity to contract
  • Minors
  • Companies
  • Mentally ill persons
 
The Contracts (Rights of Third Parties) Act
An Effective Contract Manager’s Essential Negotiation skills
 
  • Clarifying objectives & goals
  • Bargaining tools
  • Compromising with out losing out
  • PIOC Harvard Techniques
  • Tips for a Successful Negotiation
  • The Contents of Contract – how to manage?
 
Standard form contracts
Conditions and Warranties
Complex Terms
The Suisse Atlantique case
Identifying fundamental terms and minor terms
Recognising the practical significance of this distinction as remedies vary
Express & Implied Terms
Parol Evidence Rule
Unconscionable bargains and unreasonable terms of the contract
The incorporation of terms
  • Implication by custom
  • Implication by fact
  • Implication by law
 
Interpretation of Terms
  • From literal to contextual interpretation
  • Inadmissible evidence
 
Exclusion Clauses
  • Contra referendum rule
  • Exceptions of negligence liability under the Unfair Contract Terms Act
  • The enforcement mechanism under Statutory restrictions
 
 
 
Managing Contract Performance
 
Variations to the existing contract – Negotiating variations and potential legal pitfalls
  • Extensions and renewals – effective use of extension and renewal clauses, best practices with regard to notices
  • Completion of works and original expectations – reviewing contract specifications and matching with performance
  • Withdrawing from the contract – understanding the legalities of wrongful withdrawal
  • Termination and post-termination actions
  • The Effective Use of Service Level Agreements
 
Measuring performance levels
  • Key Performance Indicators
  • SLA and the substantive Contract between the parties
  • Penalties, Charges, Earn back points and Invoice Adjustments
  • Contract Review and Meetings
 
Identifying performance issues
  • Constructing an Agenda for a meeting
  • Setting out specific roles for participants in the meeting
  • Anticipating the positions and expectations of the other party
  • Managing the meeting process
  • Managing Contract Documentation
 
Files and records
  • Defensive record-keeping for evidential purposes
  • Version controls and software
  • Document sharing and security
  • Vitiating Factors in a Contract
 
Mistake
  • Non-est factum
  • Fundamental mistake about the contractual document
 
Misrepresentation
  • Identifying representations from terms of the contract
  • Identifying actionable statements and omissions
  • Silence (non-disclosure) to constitute misrepresentation
  • The three types of fraudulent, negligent and innocent misrepresentation
  • Consequences of misrepresentation
  • Remedies available
  • What is rescission?
  • Damages under the Misrepresentation Act
  • Restitution, indemnity and damages at Common Law
 
Duress to person and property
  • Illegitimate pressure
  •  Voidable contracts
 
Undue Influence
  • Voidable contracts
 
Illegality
  • Presumption
  • Void contracts at common law
  • Contract in restraint of trades
  • Illegal contracts
 
Termination of contracts
 
Discharge of contracts
  • By performance
  • By agreement
  • By frustration
 
Effects of frustration under the Frustrated Contracts Act
  • Money paid or payable
  • Legal impossibility
  • Physical impossibility
  • Impossibility of purpose
  • By repudiatory breach
  • Self-induced frustration
  • Construction of the Contract
 
Express provision
  • Hardship clauses or intervener clauses
  • Force majeure
  • Remedies for the Breach of contract
 
Assessment of damages – the compensatory aim
  • Obtaining injunctions
  • Liquidated damages
  • Penalty clauses
  • The remoteness of damage under the rule in Hadley v Baxendale
  • Speculative damages
  • Mitigation of damages
  • Specific performance
  • Quantum Meruit (for the work done)
  • Enforcement Methods
 
Identifying and evaluating the various strategies in dispute resolution
  • Litigation, arbitration and mediation, mini-trials
  • Ways to structure efficient dispute resolution clause