Successful Contract Management and Administration

Course overview

Your role is exceptionally demanding and growing in complexity. Are you fully equipped?

The term 'multi-skilled' might have been invented for Contract Management. The role demands a very special mix of technical expertise and people skills. Investment levels, risk and reward are frequently high.

The truly successful Contract Manager has a sound grasp of contract and commercial law, understands the financial principles on which the contract is made, has the confidence and insight of a skilful negotiator and, on top of all that, has the administrative skills to manage the project through to a successful conclusion.

A tall order? Challenging, certainly, but totally achievable.

Successful Contract Management and Administration is a specially-designed course, which sets out the knowledge-base and all the techniques required in a step-by-step, accessible and practical way.

When you have completed this eight-module course, you will understand clearly what the law means in practice, you'll be on top of all the financial principles and how they apply to your business, you'll feel totally confident about your role as a negotiator, you will have learnt new skills in drafting contracts and the techniques of risk management, and – last but not least – you will have gained that mix of technique and breadth to make you a truly successful Contract Manager.

How does this distance learning programme work and what do you get?

• Eight modules, each requiring between 3 to 4 hours study to be completed as you choose
• The course and its modules start at any time to suit you
• Modules may be downloaded to study on your PC or to print hard copies. (You may also opt to receive them printed-and-bound from us.)
• Each module has self-assessment progress questions and model answers
• The course has an optional on-line multiple choice assessment at the end, with a certificate of completion being awarded

If you are involved in one of these areas this course will benefit you:

• Setting up or negotiating contracts
• Managing the contracts or commercial function
• Purchasing/procurement
• Project managers
• Managing outsourcing contracts in local government or public sector organisations
• Technical or scientific specialist area with a concern for effectively managing the commercial aspects of this function
• Sales or business development role with responsibility for contract negotiation

This distance learning course will:

DETAIL the key components of professional contract management
EXPLAIN clearly what the law means in practice to ensure you work within it
GIVE you control of the financial aspects of the contract and explain how they relate to your business
SUPPLY top negotiating tactics, tips and best practice to boost your confidence in the role of negotiator
IMPROVE your technical drafting skills to include all key considerations for your organisation
ADVANCE your knowledge of the principles of commercial risk analysis and management
ENSURE that you are fully versed in the art of contract risk management and problem avoidance – pre-contract, technical and financial
PROVIDE you with a comprehensive source of information which can be returned to time and again for reference and clarification

Two ways to take this self-paced course:

• Order a hardcopy version, with all modules delivered to you in their own binder
• Enrol online to download modules, which you can view or print at: www.falconbury.co.uk/distancelearning

Course modules

MODULE 1: Understanding the broad picture – professional contract administration

• Applying Total Quality Management (TQM)
• Doing things right (first time)
• Business ethics
• Business awareness
• Defining the legal environment
• Understanding the structure of the law
• Types of contract
• What is the nature of the contract?
• Key elements of contract formation
• Written and oral contracts
• Terms and conditions
• Breach, termination and damages
• Statutory requirements
• Techniques for contract negotiation

MODULE 2: Mastering written skills and key contract considerations

• Defining your commercial objectives
• What are the contract documents
• Contract clauses
• Contract amendments
• Commercial reports
• Estimates, quotations and tenders
• Requests for quotation, etc
• Subcontracts
• Contracts under standard or model conditions
• Negotiated contracts
• Contracts of different price types
• Possession, ownership and risk
• Handling defects after delivery
• Cancellation for convenience
• Customer-furnished equipment/data
• Ensuring payment
• Timeliness of performance

MODULE 3: Efficient administration techniques and skills

• The concepts
• Intellectual property law
• Commonplace considerations
• Background and foreground material
• Keeping the contract up-to-date
• The contract file
• Quotations register
• Key contract details and dates
• Commercial issues
• Payment considerations
• Quotations and contract changes
• Other administration techniques
• Effective communication and personal skills

MODULE 4: Successful negotiating skills and best practice techniques

• Legal foundation for negotiation
• Freedom to negotiate
• Agreements of the parties
• Duty to disclose information
• Representations, promises and puffery
• Duress and undue influence
• Exclusion clauses
• Unfair contracts
• Best practice negotiation rules and principles
• Managing the relationship
• Effective expectation engineering
• Supporting documents and evidence
• Platform building
• Taking defensive measures
• Identifying time bombs
• Developing corporate, general and personal relationships
• Negotiation tips and tactics

MODULE 5: Managing post-negotiation activities

• Check the relationship
• Agree future actions
• Confirm the agreement
• Dealing with 'unagreements'
• Internal debriefs
• Exploiting the agreement
• The contents of a contract negotiation
• General principles
• The contract requirement
• Defining price, payment and delivery
• Applying the terms and conditions successfully
• Risks, liabilities and indemnities
• Negotiating variations, claims and disputes
• The role of mediation, conciliation, ADR, arbitration and litigation

MODULE 6: Principles of commercial risk analysis and management

• Taking a risk
• The risk pendulum
• Risk bearing, risk sharing
• Partnership sourcing and partnership contracting
• Risk analysis and management
• Risk benefits
• Bid and project risk management
• Phases of risk management
• Risk identification, analysis and modelling
• Planning and management
• The Risk Register
• Establishing applicability

MODULE 7: Risk management: pre-contract risk, technical risk and financial risk

• Pre-contract risk defined
• The risk-risk scenario
• Deciding to bid and bidding successfully
• Pricing for risk
• Risk review board
• Making an offer
• The priced list of risks
• The caveats register
• Contract launch
• Major sources of risk
• Financial risk defined
• Sources of financial risk

MODULE 8: Risk management: time frame risk, supplier risk and post delivery risk

• Time frame risk defined
• Bidding compliant delivery
• The time frame obligation
• Consequences of delay
• Liquidated damages and Force Majeure
• Delivery incentives
• Supplier risk defined
• For the want of a nail
• Suppliers and subcontractors
• Out-sourcing benefit v risk
• Post delivery risk defined
• Is there life after delivery?
• Key contractual milestones
• Residual obligations and risks