Dealing with Poor Performance

ADVANCED

Dealing with Poor Performance

Effective management of poor performance makes sense economically.  Raise capability selecting and employing tools and methods to assess contract performance and secure improvement.

The workshop aims to equip participants with the skills to recognise, manage and rectify less than optimal performance in a contract. Explore how to pro-actively manage contracts to minimise the risk of poor performance, either real or perceived and examine methods for resolution both within and outside of contractual provisions. Poor performance can be from the perspective of one party or recognised by both. Avoiding excessive costs associated with poor performance and enabling all parties to establish a collaborative, rather than adversarial relationship, for the duration of the project is the desired outcome.

1 DAY COURSE

LEARNING OUTCOMES

Our practical one-day course will equip you with the knowledge and tools to:

• Describe the fundamentals of defining contractual obligations.
• Evaluate methods for addressing poor performance.
• Critically review opportunities for measures of performance improvement.
• Design and draft questions to ascertain contract performance and termination.
• Explain how best to utilise the various legal resolutions available for addressing poor performance.

BENEFITS OF ATTENDING

• Increased confidence in the effective use of alternative dispute resolution methods and better mutual understanding with stakeholders.
• More effective awareness of opportunities for professional behaviour when facing challenges in designing and implementing performance reviews.
• Lowers the likelihood of not recognising or defining poor performance.

COURSE OVERVIEW

1 - Rights and liabilities under a contract

2 - Performance and 'obligations' under a contract

3 - Contract terms

4 - Interpreting a contract - what did the parties intend?

5 - Legal remedies for poor performance

6 - Managing contracts pro-actively

7 - Negotiating better performance

8 - Alternative dispute resolution

9 - Discharging a contract

AUDIENCE

This workshop will be of benefit to category, contract and/or procurement managers who are responsible for managing recurring arrangements, period agreements or contracts for categories required on an ongoing basis.