An Intensive 5-day Training Course

Commercial and Business Contracts

A Practical Guide

INTRODUCTION TO THE COURSE

Contracts form the foundation of successful business operations, serving as critical instruments for managing risk and securing value. The Commercial and Business Contracts training course provides participants with an in-depth understanding of the procedures and best practices essential for the formation and management of contracts in today’s competitive environment.

Through real-world case analyses, the Commercial and Business Contracts training course highlights the importance of proactive contract management to maximize business value and minimize potential risks. Rather than focusing solely on pricing and basic commercial terms, this training course emphasizes a holistic approach to drafting, negotiating, and managing contracts to ensure operational success and competitive advantage.

Participants will gain practical insights into key contractual elements such as payment terms, performance obligations, liability, and dispute resolution, enabling them to manage contracts more effectively and prevent costly mistakes.

Key areas covered in the training course include:

  • Structuring and creating legally effective contracts
  • Key contractual clauses, focusing on payment obligations and remedies for non-performance
  • Strategies to secure performance obligations
  • Managing liability risks arising from breach of contract
  • Dispute resolution mechanisms and best practices

COURSE DETAILS

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OBJECTIVES

By completing the Commercial and Business Contracts training course, participants will be able to:

  • Analyze the risks associated with contract formation and ongoing contract management.
  • Understand and interpret essential contract clauses to manage risk effectively.
  • Develop negotiation skills to secure contracts that protect organizational interests.
  • Identify potential pitfalls during the contractual process and learn how to mitigate risks through well-drafted agreements.
  • Enhance their ability to recognize, prevent, and manage disputes while maintaining strong commercial relationships.
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TRAINING METHODOLOGY

This training course will involve the attendees in as much participation as possible with discussion and exercises on particular topics. Presentations will be kept short and topical to maximise interest and participation. Topics will be designed as far as possible to be clearly relevant to the business issues faced by or likely to be faced by the delegates.

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ORGANISATIONAL IMPACT

Organizations that support the Commercial and Business Contracts training course will benefit from:

  • Strengthened control over the contract creation and management process.
  • Improved contracting processes that enhance operational efficiency and reduce risk.
  • Enhanced ability to manage transactional and litigation risks effectively.
  • Greater value realization through stronger contract performance and risk allocation provisions.
  • Reduced incidence of costly disputes due to better drafting practices and clearer contract terms.
  • Improved dispute resolution capabilities to preserve and strengthen commercial relationships.
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PERSONAL IMPACT

Participants of the Commercial and Business Contracts training course will achieve:

  • A deeper understanding of contract formation, negotiation, and risk allocation.
  • Improved skills in managing the entire lifecycle of a contract, from drafting to administration.
  • Enhanced ability to analyze key contractual clauses and allocate risks appropriately.
  • Strengthened competencies in contract negotiation, risk management, and conflict avoidance.
  • Greater confidence in handling contract-related responsibilities and decision-making.
Target Audience Icon

WHO SHOULD ATTEND?

This KC Academy Commercial and Business Contracts training course will benefit all professionals negotiating and dealing with contracts and managing relationships within the organisation.

This training course would also benefit:

  • Contract and Purchasing Personnel
  • Project Management Professionals
  • Other employees in corporate or governmental organisations who have a responsibility for drafting, negotiating, or approving contracts.
  • Professionals such as legal and financial staff
  • Any personnel involved or interacting with contracts

DAILY AGENDA

Day 1: How Contracts are Created
  • Quantifying Risks
    • The Benefits of Understanding Contracts
    • The Pitfalls of Getting It Wrong
  • Controlling the Contract Process
    • Understanding the Deal
    • Controlling the Negotiation
  • Contract Formation
    • Offer and Acceptance
    • Battle of the Forms
    • Consideration and Intention
    • Does a Contract have to be written?
  • Pre-contractual Issues and Documents
    • Due Diligence, Permits, and Financial Stability
    • When are you committed?
Day 2: Controlling the Contracting Process
  • Auctions, Bids and Tenders
    • Invitations to Tender and Treat
    • Heads of Terms and Letters of Intent
    • Bonds and Guarantees
    • Standby Letters of Credit
  • Form of Agreement
    • Contractual Structures
    • Incorporating Standard Terms of Business
  • Informal Contracts
    • Letters of Comfort
  • Subcontracts and Warranties
Day 3: Key Contract Clauses
  • Pre-contracts and Post Contract “qualification phrases”
    • Subject to Contract
    • Without Prejudice
    • Subject to Client Comment
  • Securing Payment
    • Payment Obligations
    • Non Payment Remedies
    • Letters of Credit
    • Guarantees
  • Delivery, Ownership and Risk
    • Time and Place of Delivery
    • Late and Failed Delivery
    • Damage in Transit
    • Ownership and Acceptance
    • Transfer of Title and Risk
    • Retention of Title
    • Time of the Essence
  • Liquidated Damages
Day 4: When Things Go Wrong
  • Contract Liability
    • Managing Liability
    • Limits of Liability
    • Damages
    • Insurance and Indemnities
  • Product Liability
    • How a Claim is Brought in Contract
    • How a Claim is Brought in Negligence
    • Practical Risks
  • Frustration of a Contract
    • Force Majeure
  • Notices and Service
  • Entire Agreement & Waiver
  • Interpretation and Signing
    • Authority to Sign a Contract
    • Power of Attorney
  • When do Contracts End?
    • Termination / Discharge
    • Transfer
    • Variation
    • Mistake
Day 5: Disputes and Compliance
  • Choice of Law
  • Choice of Dispute Resolution
    • Negotiated Settlement
    • Litigation
    • Arbitration
    • Mediation, Adjudication, and Experts
  • Settlement Issues
    • Enforcement of Judgements and Awards
    • Jurisdiction
  • The Importance of Business Integrity
    • Bribery
    • Corruption
    • Money Laundering
    • Competition Law
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Certificate

On successful completion of this training course, KC ACademy Certificate will be awarded to the delegates.

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