Commercial and Business Contracts

This commercial and business contracts training course will deal with the following;

How Contracts are created

• Quantifying Risks
  • The Benefits of Understanding Contracts
  • The Pitfalls of Getting It Wrong
• Controlling the Contract Process
  • Understanding the Deal
  • Controlling the Negotiation
• Contract Formation
  • Offer and Acceptance
  • Battle of the Forms
  • Consideration and Intention
  • Does a Contract have to be written?
• Pre-contractual Issues and Documents
  • Due Diligence, Permits, and Financial Stability
  • When are you committed?

Controlling the Contracting Process

• Auctions, Bids and Tenders
  • Invitations to Tender and Treat
  • Heads of Terms and Letters of Intent
  • Bonds and Guarantees
  • Standby Letters of Credit
• Form of Agreement
  • Contractual Structures
  • Incorporating Standard Terms of Business
• Informal Contracts
  • Letters of Comfort
• Subcontracts and Warranties

Key Contract Clauses

• Pre-contracts and Post Contract “qualification phrases”
  • Subject to Contract
  • Without Prejudice
  • Subject to Client Comment
• Securing Payment
  • Payment Obligations
  • Non-Payment Remedies
  • Letters of Credit
  • Guarantees
• Delivery, Ownership and Risk
  • Time and Place of Delivery
  • Late and Failed Delivery
  • Damage in Transit
  • Ownership and Acceptance

When Things Go Wrong

• Contract Liability
  • Managing Liability
  • Limits of Liability
  • Damages
  • Insurance and Indemnities
• Product Liability
  • How is a claim brought in contract?
  • How is a claim brought in negligence?
  • Practical Risks
• Frustration of a Contract
  • Force Majeure
• Notices and Service
• Entire Agreement & Waiver
• Interpretation and Signing
  • Authority to Sign a Contract
  • Power of Attorney
• When do Contracts End?
  • Termination / Discharge
  • Transfer
  • Variation
  • Mistake

• Disputes and Compliance

• Choice of Law
• Choice of Dispute Resolution
  • Negotiated Settlement
  • Litigation
  • Arbitration
  • Mediation, Adjudication, and Experts
• Settlement Issues
  • Enforcement of Judgements and Awards
  • Jurisdiction
• The Importance of Business Integrity

Course Booking

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