Contracting Essentials for Project Managers

FACILITATOR

Dr Cyril Jankoff: Cyril practiced as an accountant, solicitor, business consultant and financial controller in diverse industries throughout his 30 + year career. His advice has been sought in the creation, costing/pricing, execution, management and litigation of many commercial contracts. Cyril has over 20 years’ experience as a forensic accountant and expert witness where he investigated and acted as an expert witness in the litigation of many commercial contracts, and saw the devastating effects of poorly created and managed contracts on organisations and their individuals. He has assisted the Australian Corporate Lawyers Association (ACLA) in their July 2012 Reforming Australian Contract Law submission to the Australian Government.

A major problem facing senior management with contracts is the very real possibility of an employee exposing the organisation to potentially catastrophic litigation through commercial contracts. This can easily occur if an employee does not exercise proper care in negotiating, agreeing to and documenting the promises (that is, the contract’s terms and conditions). What further worries management is that commercial contracts are an everyday occurrence for most corporate managers, and that many contracts can involve very large sums of money, and thus contractual problems can have potentially devastating consequences. This one –day course seeks to identify and mitigate the key risks of such errors occurring. There will be a practical activity so that the learnings can be applied the very next day at work.

DURATION: 1 day:

This course is for participants who want a quick feel of the key issues and risks.

AREAS COVERED:

  • Introduction: The inherent risks with contracts and managing contracts
  • Contract (procurement and contract management) lifecycle management
  • Dealing with negotiation risk management
  • Financial management of contracts
  • Contract and related laws risk management
  • The law of contract for non-lawyers
  • Other laws that affect contracts
  • Drafting
  • Some key boilerplate terms
  • Contract management processes
  • Activity: Practical activity so that the learnings can be applied the very next day at work.

WHAT TO DO BEFORE THE COURSE:

  • Bring a contract that you have worked on or will be working on.
  • Consider the risks your organisation, and especially the part that you are responsible for, faces when dealing with contracts
  • Consider what would be the benefit of better practice contract management issues for your organisation.
  • Prepare questions that you would like to have answered.

NOTE:

Each participant will be given a comprehensive manual that will both be a manual for use in class and a reference tool outside class.

REMEMBER:

Managing contracts (whether pre or post signature) is all about managing risk.

Corporate Delivery?

A specific short course can be designed for corporate clients. Prices are available on request. Please contact the ETM team at corporate@etmmanagement.com.au or call on +61 3 9556 1407.