Contract Risk Management & Compliance

Course Code: LT04

Course Objective

  • Provide an understanding of how risk arises
  • Compare different methods of identifying and assessing risk
  • Review the impacts of different approaches to risk allocation
  • Explore different Contract types to transfer risks
  • Consider the contractual techniques to ensure effective risk allocation
  • Review risk management techniques during the life of a contract

 

Target Audience

  • Contracts, Tendering, Purchasing, Procurement, and Project personnel
  • Contract Administration, Engineering, Operational, and Maintenance personnel
  • Risk, Claims, Financial, and Audit personnel
  • And all others who are involved in the planning, evaluation, preparation and management of tenders, specifications, awards, and contracts that cover the acquisition of materials, equipment, and services and who are in organizations whose leadership want high levels of competency in those involved in these activities

 

Course Outline

DAY 1: Types and Management of Risk

  • The Need for Contractual Relationships
  • Defining Risk
  • Categories of Risk for Both Sides of a Contract
  • Risk Assessment Process
  • Managing Risk
  • Qualifying Suppliers
  • Defining Internal Control
  • Proportionality of Control

DAY 2: Minimizing and Transferring Risk

  • Transferring risk through Contract Types
  • Firm Fixed Price or Lump Sum Contracts
  • Cost reimbursable Contracts
  • Incentive Contracts
  • Award-Fee Pricing Arrangements
  • Indemnities
  • Cross Indemnities
  • Insurance

DAY 3: Risk Related Terms & Conditions

  • External events
  • Force majeure
  • Strikes and other labour disputes
  • Risk and Title
  • Use of ICC Incoterms
  • Assignment and Novation
  • Other clauses that need to flow down to sub-contractors
  • Risks associated with Sub-Contractors

 DAY 4: Dealing with Financial Risks

  • Controlling Risk Associated with Payments
  • Currency Risk
  • Economic Risk
  • Fraud and Corruption
  • Limiting or excluding liability
  • Distinctions between liability in contract, and the general law
  • “Gross negligence”
  • A review of some sample clauses from standard contracts, and other real documents

DAY 5: Remedies When Bad Stuff Happens

  • Mistakes and Misrepresentations
  • Impracticability of Performance
  • Remedies Generally
  • Types of Remedies
  • Liquated damages
  • Warranties
  • Cover
  • Discussion of real examples (delegates are encouraged to bring real or made up examples for discussion)
  • Review of course and question and answer session


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Date & Location

Date : 17 March 2019

Duration : 5 days

Place : Singapore

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Date : 18 August 2019

Duration : 5 days

Place : Kuala Lumpur

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