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.

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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)