About
An essential course for those professionals involved in the design and delivery of commercial contracts, but who are not trained lawyers!
Learning outcomes
• Administering commercial contracts to boost your performance and profitability
• Save time and money by learning to effectively document commercial contract negotiations
• Avoid common contractual pitfalls
• Deal more effectively with lawyers and the legal system
“Brian knows his stuff; obviously a lot of info to cover in 2 days. Learned heaps!”
Simon Prince, Commercial Manager – Projects, Might River Power
“Brian’s style of presentation is very good. His knowledge of the subject is obvious and this allows him to answer questions in a practical way. Great value, thanks!”
Brian Gubb, Senior Manager – Performance & Contracts, Taranaki DHB
As a business manager, you risk exposing your organisation to severe financial penalties and turning a potentially profitable deal into a loss-maker, if commercial contracts are not carefully drafted and managed. In order to be effective and profitable, a sound contract is vital and risk factors must be eliminated wherever possible.
Negotiating, Drafting & Managing Commercial Contracts has been specially designed to equip you with the skills required for the effective management of commercial contracts. You will gain a thorough understanding of the business and legal issues surrounding contracts and return to your workplace armed with the know-how to protect your organisation from costly contractual disputes.
This course will enable you to:
1. Administer commercial contracts to boost your performance and profitability
2. Save time and money by learning to effectively document commercial contract negotiations
3. Examine the merits of various types of commercial contracts
4. Identify, manage and reduce risk
5. Define performance terms to guarantee effective delivery and minimise costs
6. Avoid common contractual pitfalls
7. Understand the small print in commercial contracts
8. Ascertain when to terminate a contract and when to seek legal help
9. Acquire a practical understanding of the New Zealand legal system
10. Deal more effectively with lawyers and the legal system
Training style:
This two-day course will use case study examples and group exercises, as well as tutorial sessions. All attendees will be provided with a workbook and a certificate of attendance.
Who should attend
This course has been developed to address the needs of all managers involved in the design and delivery of commercial contracts. It is critical for those who are involved in managing contracts but who are not trained lawyers. An advanced course is also available: Advancing Your Skills in Successfully Drafting, Managing & Administrating Contracts
Outline
Course times: 9am to 5pm – Refreshment breaks and lunch are included
Day one
8.30 Registration and Coffee
Understanding the purpose of a contract
• What is a contract?
• What is the purpose of a contract?
• Examination of different contracts and when they should be used
• Measuring the quality of a contract
• Using plain language
Drafting a legally effective contract
• What essential ingredients constitute a contract?
• Analysis of the principles underlying binding contracts
• Offer, acceptance and consideration
• Balancing legal necessities against commercial realities
• What formalities are required to make the contract legally binding?
• Contracting with the right legal entity
• What legislation affects your contract?
• Terms to avoid or include
• Mistakes commonly made in forming contracts
• Contracting with public sector organisations
Case study workshop
How to read and understand contracts
• Key features of an effective contract
• Specific provisions
• Bolierplate clauses
• Reading the small print: What clauses should you look out for in pre-printed contracts?
• Foreseeing problems before they arise
• Identifying common danger areas in contracts
• Pinpointing criteria that will invalidate a contract
• Legal jargon explained: What are the terms you are likely to come across?
Team exercise: Creating a practical checklist to use before signing a contract
Navigating the tendering process
• What legal obligations do you undertake when submitting a tender?
• Getting the most out of the tendering process
• Communicating your business objectives
• Determining how to structure your tender
• Innovative approaches
• Managing risk and cost
Day two
Managing legal risks in commercial contracting
• Anticipating and managing contractual risks
• Analysis of the legal risks associated with commercial contracts
• Protecting yourself effectively from risk
Team exercise: Preparing a risk identification checklist
Managing commercial contracts – managing and preventing disputes
• How to avoid common administrative problems in existing contracts
• Understanding the remedies available in the event of a dispute
• Understanding the legal and court systems
• Making use of dispute management and resolution options
• Knowing when and how to terminate a commercial contract
• Dealing effectively with lawyers and the legal system
Exploring service level contracts
• An introduction to service level agreements
• Measuring the performance of service provision and effective performance-based measures
Case study examples
Performance and breach of commercial contract issues
• The growing demand for performance-based contracts
• Determining the rewards/penalties to encourage contractor performance
• What do you do when it all falls apart?
• The remedies available for breach of contract including damages, specific performance and injunctions
• Examining the risk factors for the claimant
• Exploring the legalities of breach of contract
• Termination of the agreement
Case study examples
Acquiring effective negotiation skills
• How to improve your negotiation skills
• Building confidence and credibility with careful preparation techniques
• Employing effective listening and questioning skills
• Examining the advantages and disadvantages of partnering
• Successful techniques for handling tough bargaining sessions
• Reaching agreement and gaining commitment at the close of the negotiation process
Practical exercises
Facilitator
Brian Bray, Partner, DLA Phillips Fox
Brian is a partner in the DLA Phillips Fox Lawyers Wellington office and has over 20 years experience. His specialist areas of practice are commercial, business and corporate law. He also advises a wide range of clients in both the private and public sectors on a wide range of commercial matters, including restructuring, corporate governance, director’s duties, and legislative compliance.
Brian has significant experience in drafting, advising on and negotiating commercial contracts, procurement and tendering procedures, outsourcing contracts, service and supply contracts, technology agreements, consultancy agreements, commercialisation of intellectual property rights, licenses, funding agreements and research and development agreements.
Brian also has considerable expertise in public sector procurement for central and local government organisations. He has developed specialist knowledge in public sector and in particular health sector requirements and guidelines for procurement and tendering. Brian’s due diligence experience has been in numerous industry sectors such as financial services (insurance), manufacturing, government entities, distribution and health. As part of due diligence Brian is required to peruse and advise on the implications of a wide range of commercial documents.
Brian has assisted and advised clients in relation to establishing in-house precedents, manuals, formatting, development of procurement guidelines and standardisation of a suite of document precedents. He has given commercial advice to Contract Managers on market practice, best practice and precedent drafting, including a workshop on clear communication through drafting.
Brian has presented at many conferences in New Zealand on contracting related issues and undertakes contracting workshops for clients.
Brian Bray is also facilitating:
In-house Training
Register now
Upcoming Dates
30 - 31 May
Auckland
20 - 21 June
Wellington
