ADVANCE CONTRACT DRAFTING, NEGOTIATION, CLAIMS MANAGEMENT & DISPUTE SETTLEMENT |

About Event

Why this Workshop:

In the recent budget Govt. of India has declared their intention to push India to 5 Trillion Dollar Economy. This requires big growth in Consumption and variety of Purchase & Procurement. For this in every business organisation, you need to enter into, Agreements of various types from Purchase Orders to Commercial Contracts. Many Non- legal Engineering & Commercial professionals are expected to handle such challenging duties, without the support of legal department. The Drafting, Negotiating and managing such Commercial contracts requires skills which can be acquired by Intensive trainings. This two days program aims to prepare Non-legal professional to manage such commercial activities.

Benefits of this Workshop: Reinforcing the principles of effective drafting of Contract for different applications.
Structuring the Contract with Boilerplate clauses to protect your company’s interest.
Understanding the importance of risk transferring Clauses to minimise the risks.
Avoiding ambiguity in the contract and bring the clarity to the agreed scope of work.
Exploring the End of Contract provisions and Termination of Contract when necessary.
Creating proper Dispute Resolution Mechanism to minimise claims & avoid Litigation.
Drafting Contracts for different business requirements involving, Agency agreement, Foreign Association, Consultancy Services & Intellectual Property rights.
Interpreting Contractual terms in line with commercial practices.

Expert Faculty

Prof. (Dr.) Ajit Patwardhan - Consultant to World Bank as Contract Management Expert.

Dr. Ajit Patwardhan, a professional Post Graduate Engineer from Indian Institute of Technology, Powai, with more than 48 years of experience in India and Gulf in various fields of Construction Projects and Infrastructure Development with Training and Consultancy focus in last 20 years on Infrastructure Projects.

He held high positions at senior level for 25 years in Design, Engineering and Construction in India and Gulf. He has progressed to become Professor, Dean and Advisor at prestigious Construction Management Institute of NICMAR. He completed his Ph.D. from Pune University in Infrastructure Risk Management.

He has conducted more than 200 Training Programs across India & Gulf, involving Major Construction Corporate, State Governments, and Public Bodies in Infrastructure field. He has covered many topics in this field including EPC Turnkey Projects Execution, Contract & Claims Management and International FIDIC Contracts. He was appointed Consultant in 2013 by World Bank as Contract Management Expert for Infrastructure Projects funded by them in India.

Join us on 21st & 22nd Jan 2021 | Online Workshop on Webex. | 9.30am to 1.30pm ( Both Days)

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1. Essential Contract Drafting

 Key Definitions of Contract Terms
 Recitals, Covenants & Representations
 Promises Made and Remedies Agreed
 Guarantees, Warranties, and
Indemnities
 Limitations of Liabilities And
Disclaimers
 Entire Agreement & Survival Clause
 Assignment & Subrogation Rights
 Freedom & Privity Of Contract

2. Negotiating for Awarding Contract

3. Session III- Contracting for Procurement

Strategy for Successful Purchase/Procurement
Understanding Vendors/ Suppliers/ Sub-Contractors
Obtaining Sufficient Competitive Offers
Handling Branded & Monopoly Suppliers
Leveraging Your Buying Capacity & Financial Capability
Factors Influencing Pricing, Competition, Volume, Payment Terms
Product Pricing, Budget, Supply Timing & Quality Expectations
Your BATNA/ WATNA & ZOPA Limits for a Win-Win Outcome

4. Legal & Contractual Claims Management

Claims Under Contractual Provisions
Claims Under Breach of Contracts
Claims Under Relevant Contract Laws
Claims against Unfair/ One sided Provisions
Claims for Events beyond Control of Both Parties
Claims for Design Responsibility Under EPC Contract
Claims for Package Responsibility in Turn Key Projects
Claims of Force Majeure – Due to COVID 19 Pandemic

5. Dispute Settlement & Arbitration

Dispute Arises when Claims are Denied
Engineer’s Determination of Disputes under Contract
Resolution by Dispute Boards, if Provided in the Contract
Proceeding to Arbitration, when Parties are not Satisfied
Arbitration Under Domestic or International Law
Commercial Courts for Speedy Dispute Settlement
ADR to resolve Disputes by Mediation & Negotiations
Key Provisions of Indian Arbitration & Conciliation

Key Topic to be Covered

Who Should Attend

Who Should Attend this Workshop?

Commercial Professionals
Contract Mangers & Contract Engineers
Projects Directors & Project Managers
Procurement Managers & Purchase Engineers
Planning Managers & Planning Engineers
Procurement Experts in Funding Agencies
Tendering & Estimation Engineers
Purchase Managers & Engineers

Which Sectors of Business & Industry?

Manufacturing & Consumer Goods Industry
Consultancy & Services
Real Estate & Commercial Construction
Highway Construction & Bridges
Sea Ports & Air Ports
Urban Infrastructure & Metro Rails
Industrial Projects & Warehouses
Oil & Gas and Petro Chemical Industries
Power Generation & Transmission
SEZ & Corporate Parks
Water Supply & Sanitation Projects
Renewable Energy

Pricing

Package	Delegate	Standard Rate
Soft Copy of Presentation + Certificate of Merit Attendance	Head of Contract, Legal, Procurement, Claims	8000 INR + GST Per delegate
Soft Copy of Presentation + Certificate of Merit Attendance	Head of Contract, Legal, Procurement, Claims	150$ Per delegate International Delegates.

*Additional GST of 18% is applicable.