Negotiate, draft and manage contracts
An interactive and interdisciplinary course focused on understanding and proactively handle commercial, technical and legal aspects when negotiating, drafting and managing contracts in English.
Interactive course focused on handling aspects of negotiating, drafting and managing contracts
This course is for project managers, contract managers, bid managers, procurement managers etc. without formal legal education, who wants to improve their understanding and ability to negotiate, draft and manage contracts in English.
Participants may work within e.g. the energy sector, IT and pharmaceutical industries, construction and infrastructure industries, the manufacturing and service industries and in various other public or private organizations.
Background, aim and purpose of the course
In order to better negotiate, draft and manage contracts, it is important to understand the legal, technical and commercial drivers behind contracts and contract clauses.
The aim of this course is to enable its participants to:
- Better understand, connect and integrate these commercial, technical and legal issues, e.g. how to optimally negotiate, draft and manage warranties and best efforts clauses, liquidated damages, limitation of liabilities, force majeure and indemnification clauses, best efforts clauses etc. in relation to the business purposes, the project risks involved, the legal requirements (e.g. in relation to its wording and legal effect), which amounts and ceilings are commonly agreed to, the applicable law etc.
- Focus will be on specific clauses and also how the clauses relate to each other, e.g. how force majeure clauses may work as a limitation of liability, and the relationship between warranties, indemnities and liabilities.
As part of this, the background law and the differences between some of the most important legal systems will be explained, e.g. to which extent English law may or may not permit penalty clauses, how German law may or may not accept limitation of liability for gross negligence, and the pro´s and con´s of choosing e.g. Danish, English or Swiss law as the governing law of the contract.
It will also be shown how the different drivers, stakeholders interests and approaches may affect negotiation styles and results, and how it might be possible to overcome disagreement by understanding each side better and choosing more intelligent drafting solutions.
An interactive course
The participants are offered to bring their own examples of clauses for discussion. Furthermore, as part of the course, the participants will be given negotiation and drafting guides to some of the most important clauses, including management processes and tips and tricks and lessons learned.
In conclusion: negotiating, drafting and managing contract will be easier to understand and handle for the ones involved, thereby minimising conflicts and supporting better business outcomes.
René Franz Henschel
Online live streaming offered
Upon request, you can now choose to have livestreamed training through microsoft teams. Contact NSCCM by email firstname.lastname@example.org or by mobile number 7020 0131 for an appointment.
Mandatory Online live streaming - small cohorts
Please note, that we reserve the right to conduct the entire training online, if there are 6 students or less enrolled in a course. We will inform you no later than 1 week before the first day of lessons, should this be the case. We do this instead of cancelling the course.
On the first day of the course, the following topics will be covered:
- Letters of intent
- Recitals, definitions, interpretation clauses
- Warranties, sole remedies, defects liability
- Reasonable efforts, best efforts and similar concepts
- Indemnities, hold harmless and disclaimers of liability
- Product liability clauses
On the second day of the course, the following topics will be covered:
- Penalty clauses, liquidated damages, service credits etc.
- Force majeure, Hardship, adjustment and re-negotiation duties
- Change and claims management
- Termination and post-contractual obligations
- Dispute resolution (choice of law and jurisdictions).
2 days with theory, exercises, examples and discussions of the participants' own
examples of clauses.
The teaching will be conducted in English.
50 pages “easy-to-use reading guide” on the relevant clauses. In this material, the participants will find overviews of different clauses, how they differ in wording and understanding in the different jurisdictions, how to avoid common pitfalls, etc.
Participants are offered to buy a book as part of the course, which further elaborates on the specific topics.
The teaching will be conducted in English. However, there will be offered an English/Danish legal terms guide as part of the course.
Read the “easy-to-use reading guide” on the relevant clauses - about 50 pages.
You can find the material on NSCCM’s material page. You will receive an email when the material page opens 1 week before classes start.
There is no exam.
A course certificate will be issued if required.
10.000 DKK / 1.350 euro excluding VAT.
The price includes catering: breakfast, lunch and afternoon buffet, but it does not cover costs for transport and accommodation.
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