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Contract Management with FIDIC application

eContract life cycle management "is the process of systematically and efficiently managing contract creation, execution and analysis for maximizing operational and financial performance and minimizing risk". There are a number of other definitions of contract management, the majority of which refer to post-award activities. Successful contract management, however, is most effective if upstream or pre-award activities are properly carried out.

Description

Importance of Contract Management
Organizations in both the public and private sectors are facing increasing pressure to reduce costs and improve financial and operational performance. New regulatory requirements, globalization, increases in contract volumes and complexity have resulted in an increasing recognition of the importance and benefits of effective contract management. The growing recognition of the need to automate and improve contractual processes and satisfy increasing compliance and analytical needs has also led to an increase in the adoption of more formal and structured contract management procedures and an increase in the availability of software applications designed to address these needs.

Course Content

Introduction to Contract Management
Introduction to Enterprise Contract Management
Introduction to and benefits of Contract Lifecycle Management
Key areas of Contract Lifecycle Management
Contract Management Roles and Responsibilities
Upstream or pre-award activities

  • Preparing the business case and securing management approval
  • Assembling the project team
  • Developing contract strategy
  • Risk assessment

Developing contract exit strategy

Upstream or pre-award activities

  • Developing a contract management plan
  • Drafting specifications and requirements
  • Establishing the form of contract
  • Establishing pre-qualification, qualification & tendering procedures
  • Appraising suppliers
  • Appraising suppliers
  • Why appraise?
  • When to appraise?
  • What should be appraised?
  • Who should appraise?
  • How to appraise?

Evaluating tenders Negotiation

Awarding the contract
Downstream or post-award activities

  • Changes within the contract
  • Service delivery management
  • Relationship management
  • Contract administration
  • Assessment of risk
  • Purchasing organisation's performance & effectiveness review
  • Contract closure
  • Lessons learned for the future

The Contract Agreement

  • Claims avoidance clauses
  • Rules for interpreting contracts T

The Communication Process

  • How to reduce or eliminate ambiguity, Guarding against assumptions
  • Project documentation

The role of professional services
Benefits of implementing contract lifecycle management solution
Dispute and Conflict Resolution
Monitoring, Tracking and Improving Contract Performance

Typical Major Claims and Causes

  • Expressed vs. Implied contract terms
  • Delays and concurrent delays
  • Changes/modifications and extra work
  •  Adverse physical conditions

Recognizing and Documenting Claims

  • Cost, Time and Event Analysis

Reserving Contractor's Claims Rights

  • Warranty management
  • Contract variations
  • Pricing principles Service provider's obligation to undertake the change
  • Systems and procedures
  • Record keeping
  • Arbitration

Claims Defenses

  • Early Recognition and Analysis
  • Factual Defences, Legal Defences
  • Analyzing the Claim
  • Entitlement, Cause and Effective, & pricing (Evaluation)

Negotiating a Settlement

  • Specifying Your Goals and Strategy
  • The Good Faith Essential
  • Negotiating the Final Price and Agreement

Putting all Issues Together

  • Effective response of claims events
  • Alternative Dispute Resolution (ADR)

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