A one-day training workshop
Nowadays not only do we rely on our commercial and sales staff to hit that bottom line but we expect our engineers and project managers to play their part too – not only through their engineering and management skills but by behaving in a commercially minded way in their dealings with their counterparts in customer or supplier organisations. This means understanding, amongst other things, the issues surrounding the commencement of work ahead of contract, having a clear contract baseline, recognising the broader implications of contract change, the need for timeliness and the consequences of failing to meet the contracted timetable.
This practical one-day programme has been designed specifically to give engineers, project staff and others just that understanding. The course is designed principally to provide engineers and project staff with an appreciation of contractual obligations, liabilities, rights and remedies so that they understand the implications of their actions. It is also suitable for business development staff who are negotiating contracts on behalf of the business.
The main focus of the day is on creating an awareness of when a situation may have commercial implications that would harm an organisation’s business interests if not recognised and handled appropriately and how taking a positive but more commercial approach to those situations can lead to a more positive outcome for the business. As well as providing an understanding of the commercial imperatives the day also focuses on specific areas affecting engineers and project staff, such as the recognition and management of change, the risks when working outside the contract and managing delays in contracts. The course identifies the different remedies that may apply according to the reasons for the delay and provides some thoughts on pushing back should such situations arise.
- appreciate the need for contractual controls and will have a better understanding of their relevance and how they can be applied, particularly the issues of starting work ahead of contract, implementing changes and inadvertently creating a binding contract by their behaviour
- have gained an understanding of the terminology and procedural issues pertaining to contracting within a programme
- be more commercially aware and better equipped for their roles
Expert trainer
Alison is an independent consultant and trainer specialising in commercial, contractual and bidding issues. She has a particularly strong background in aerospace and defence.
Session outline
1. Basic contract law – bidding and contract formation
- Purpose of a contract
- Contract formation – the key elements required to create a legally binding agreement
- Completeness and enforceability
- Express and implied terms
- Conditions v warranties
- The use of, and issues arising from, standard forms of sale and purchase
- Use of ‘subject to contract’
- Letters of intent
- Authority to commit
2. Change management
- Recognising changes to a contracted requirement
- Pricing change
- Implementation and management of change
3. Key contracting terms and conditions
- By the end of this module participants will be able to identify the key principles associated with:
- Pricing
- Getting paid and retaining payment
- Cashflow
- Delivery and acceptance
- Programme delays
- Examining some reasons for non-performance...
- Customer failure
- Contractor’s failure
- No fault delays
- …and the consequences of non-performance:
- Damages claims
- Liquidated damages
- Force majeure
- Continued performance
- Waiver clauses and recent case law
- Use of best / reasonable endeavours
- Contract termination
4. Warranties, indemnities and liability
- Express and implied warranties
- Limiting liability
5. Protection of information
- Forms of intellectual property
- Background/foreground intellectual property
- Marking intellectual property
- Intellectual property rights
- Copyright
- Software
- Confidentiality agreements
- Internet
