Negotiating, Drafting & Understanding Contracts
Professional course covering contract negotiation, drafting, interpretation, performance, dispute resolution.
Course Overview
The Negotiating, Drafting & Understanding Contracts training course is a comprehensive professional program designed to develop a structured and in-depth understanding of the complete contract lifecycle—from pre-contract negotiations to drafting, performance management, and dispute resolution. In contemporary commercial and project-driven environments, contracts serve as the primary instruments for allocating rights, obligations, and risks. This course equips participants with the analytical, practical, and strategic skills required to manage contracts effectively in both domestic and international contexts.
The course emphasizes the critical link between commercial negotiation and legal drafting, ensuring that contractual documents accurately reflect the underlying commercial intent. Participants gain a clear understanding of how contractual terms are formulated, interpreted, and enforced across different jurisdictions, while also developing the ability to anticipate performance issues and mitigate contractual risks.
By integrating theory with practical illustrations, this program enables professionals to negotiate confidently, draft precise and enforceable agreements, and manage contractual relationships throughout their operational lifecycle.
Course Objectives
By the end of this training course, participants will be able to:
- Evaluate and structure commercial agreements prior to formal contract drafting.
- Apply effective negotiation strategies to balance commercial, legal, and risk considerations.
- Analyse, draft, and amend key contractual clauses with clarity and precision.
- Distinguish between contracting practices across different legal jurisdictions.
- Prevent, manage, and resolve contractual disputes using appropriate legal and alternative mechanisms.
Course Audience
This course is designed for professionals involved in contract negotiation, preparation, administration, and performance management, including:
- Contract Administrators, Contract Specialists, and Contract Managers
- Procurement, Purchasing, and Supply Chain Professionals
- Project Managers, Construction and Quantity Surveying Professionals
- Claims Specialists and Legal Advisors
- Professionals preparing for major projects or seeking a structured refresher in contract management
Course Methodology
The course is delivered using structured adult-learning methodologies to ensure strong comprehension and practical application. Training methods include:
- Instructor-led presentations grounded in recognized contract law and commercial standards
- Guided discussions addressing real-world contractual challenges
- Group-based problem-solving and applied negotiation exercises
- Case studies illustrating drafting, performance, and dispute resolution issues
- Practical analysis of contract structures, obligations, and remedies
Course Outline
Day One: Negotiating the Agreement
- Commercial context of contractual arrangements
- Core principles of contract negotiation
- Defining contractual objectives
- Key negotiable terms and conditions
- Achieving balanced allocation of commercial and legal risks
- Relationship between negotiation outcomes and contract drafting
Day Two: Drafting the Negotiated Contract
- Essential elements and formation of contracts
- Contract form, structure, and documentation hierarchy
- Standard forms and model contracts
- Contract qualifications and amendments
- Interim and preliminary agreements, including Letters of Intent
Day Three: Understanding Contractual Rights and Obligations
- Operative clauses and performance obligations
- Title transfer, risk allocation, and payment provisions
- Liabilities, indemnities, and insurance requirements
- Limitation of liability, force majeure, and waiver clauses
- Remedies for breach, damages, and contractual penalties
Day Four: Managing Contract Performance
- Contract finalization and commencement procedures
- Kick-off meetings and expectation management
- Establishing an effective contractual performance framework
- Contract variations and scope changes
- Managing delay, disruption, and non-performance
- Payment challenges, including international trade considerations
Day Five: Managing Claims and Resolving Disputes
- Contractor and employer claims management
- Early identification and mitigation of contractual disputes
- Governing law and jurisdiction clauses
- Contract-based dispute resolution mechanisms
- Litigation and arbitration frameworks
- Alternative dispute resolution methods, including mediation and expert determination
Certificates