Negotiating Difficult Contract Terms - Know your Risks and Where to Push...!
Details
ADVANCED
Negotiating Difficult Contract Terms
Grow your knowledge of difficult contract terms and achieve better contractual outcomes.
The workshop aims to develop the participant's appreciation for the best use of 'fine print' terms and conditions in a contract. Explore the key difficult 'fine print' terms and consider the nine elements that will be of benefit when drafting a contract. This workshop assumes prior knowledge of the concepts of basic contracts.
Outline
1 DAY COURSE
LEARNING OUTCOMES
Our practical one-day course will equip you with the knowledge and tools to:
- Describe the function and risks relating to a number of key contract terms.
- Review a contract, identify and list the nine key parts of it.
- Design a contract considering the power balance between the parties and the risks involved.
- Design and draft the terms of a contract that reduces the level of risk to be borne one party.
- Identify the common legal risks faced by non-lawyers.
- Describe how to best use internal/external legal representatives.
BENEFITS OF ATTENDING
- Increased confidence understanding difficult terms including indemnity, capping of liabilities, insurance, force majeure, jurisdiction, waiver of subrogation, intellectual property, entire agreement, subcontracting, assignment, change of control, retention of title/PPSA, guarantees, liquidated damages, good faith and transition.
- More effective understanding of difficult terms will ensure rigour of contractual preparation and planning resulting in being better prepared for negotiations.
- Lowers the likelihood of accepting unfavourable clauses.
COURSE OVERVIEW
1 - Key parts of a commercial contract
2 - Laws that affect contracts
3 - Interpreting a contract
4 - Deal versus Boilerplate terms
5 - Key 'difficult' contract terms
6 - Identifying the parties
7 - Review of a sample commercial contract
8 - How to quickly draft contracts
9 - Common legal risks faced by non-lawyers
AUDIENCE
This workshop will be of benefit to practitioners who want to build on prior knowledge of the contracting process and be able to use contract terms to their benefit.
Speaker/s
Comprara is an organization that specializes in offering expertise for supplier and cost management solutions across three key areas – People, Process and Technology.
Comprara is all about supporting procurement and commercial leaders and their teams to gain more ground in the way they purchase to add increased value back into their organisation.
Comprara work with ASX 200 companies including some of the largest organisations in Australia and New Zealand in Telecommunications, Health, Energy, Financial Services, Retail Banking, Aviation, Manufacturing, Utilities, Transport, FMCG, Resources as well as the Public Sector to name just a few.
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