Course: The Contracts & Project MBA

PROGRAMME OUTLINE

The Basis of Contracts

• The basis of contracts around the world
• How is a contract formed?
• Exchange of promises
• Formalities
• Writing
• Formal signing/sealing
• Registration
• Stamp Duty or other taxes
• Mental capacity
• Age
• Witnesses
• Authority to contract
• How is this proved?
• Powers of Attorney
• Special issues with foreign parties
• Issues with agents
• What happens if there is no agreed contract?

Creating a contract

• Tendering
• Why do we use competitive tendering?
• Dealing with challenges
• Other procurement methods
• Single/sole sourcing
• Framework Agreements
• Negotiated contracts
• Traditional
• More innovative
• Selecting the right one for your project
• Using Standard Forms
• Company
• International
• Letters of Intent
• Letters of Award
• Conditions Precedent
• Conditions Subsequent
• Bonds
• Guarantees
• Insurance arrangements
• Different contract types
• Awarding the contract
• Collateral documents
• De-briefing bidders
• Kick-off meetings

Drafting contracts

• Clarity of language
• Issues with translations
• Some critical clauses
• Health, safety and the environment
• Standard of work/product/service
• Changes to the scope of work
• Indemnities
• Insurance
• Time for delivery
• Liquidated damages
• Penalties
• Force majeure
• What it is ….. and what it is not
• Limitation of liability
• Warranty and guarantee periods
• Termination
• Entire Agreement
• Notices
• Which law applies?
• Exercises in drafting

Negotiation

• Negotiation phases
• When awarding a contract
• In relation to disputes under the contract
• Negotiation techniques
• Preparation
• What to do in the actual negotiation
• Dealing with difficult parties
• Exercises in negotiation
• Phase negotiation
• Arbitration
• Courts (litigation)
• Mediation
• Expert determination
• Other alternative solutions
• Dispute resolution
• Issues where disputes are resolved in an international context

Contract Management

• Project and contract management distinguished
• Roles in Contract Management
• Document control
• Control of change
• Payment processes
• Impact of delay
• Issues in international contracts
• Managing a termination
• Close out – contractual issues

Foundations of Project Management

• The Nature of Projects and Project Management 
• Project/Program and Portfolio Management  
• From Strategic Planning to Project Management  
• Management Criteria versus Engineering Criteria  
• The Project Life Cycle  
• Managing the Triple Constraints  
• Managing Project Risks
• Stakeholders In Project Management
• Managing Stakeholders  
• The Project Manager’s Responsibilities
• The Role of Senior Management  
• Steps in Managing a Project  
• The “Hard” Skills of Managing a Project  
• The “Soft” Skills of Managing a Project  
• Project Management Body of Knowledge (PMBOK)  
• Project Management Maturity Level  
• Typical Project Organization Structures   
• The Project Management Office (PMO) Concept  
• Basic Contract Types in Managing Projects
• The Generic  Planning and Control Cycle in Project Management

 Project Initiating, Planning and Scheduling

• The Project Charter  
• Stakeholder Identification  
• The Imperative of Planning  
• Planning Definition  
• Project Planning Overview  
• The Project Plan
• Developing the Mission, Vision, Goals and Objectives of the Project  
• Basic Project Planning Steps  
• Identifying Success Criteria  
• Developing the Requirements  
• Scope Definition  
• Procurement Planning: “Make or Buy” Decision  
• Defining the Work Breakdown Structure (WBS)  
• The Organization Breakdown Structure (OBS)  
• The Responsibility Assignment Matrix (RAM)  
• Defining and Sequencing Project Activities
• Estimating Activity Resources and Durations  
• Staffing Management Plan  
• Scheduling the Project Work  
• Estimating  Costs and Determining Budgets  
• The Performance Measurement Baselines (PMB)  
• Communication Planning  
• Quality Planning

Risk Management Planning      

• Risk Management Overview  
• Definitions of Certainty, Risk and Uncertainty  
• Definition of Project Risks  
• Definition of Risk Management  
• The Primary Aspects of Risk Management  
• Risk Management Planning Process  
• Risk Identification
• Risk Issue Filtering
• Risk Assessment and Prioritization  
• Qualitative Risk Analysis  
• Quantitative Risk Analysis  
• Risk Avoidance Plans  
• Risk Contingency Plans
• Risk Tracking and Reporting Approach  
• Risk Management Organization and Responsibilities  
• Risk Management Plan Documentation and Risk Database Preparation  
• The Output of Risk Management Planning

Project Execution, Monitoring & Control

• Directing & Managing Project Execution  
• Monitoring Work Performance Information  
• Managing the Project Team
• Managing Stakeholder Expectation  
• Project Deliverables Tracking  
• Project Control Definition  
• The Objectives of Project Control  
• Project Control Approach  
• The Earned Value Management (EVM) Concept: An Integrated Project  Control Approach  
• Integrated Change Control  
• Quality Assurance and Quality Control (QA/QC)  
• Communication and Documentation Control  
• Procurement  Administration
• Risk Management Control Process
• Risk Avoidance Plan Implementation  
• Risk Contingency Plan Implementation  
• Risk Reports and Reviews  
• Risk Activities Effectiveness Evaluation  
• Risk Management Plan Updates
• Risk Management Control Process  
• Flow of Risk Management Planning and Control Responsibilities
• Risk Management Process Flow  
• Risk Management  Best Practices

Project Closure

• Management Challenges
• Key elements of Successful Project Closure
• Effective Project Closure  
• Project Closure Objectives  
• Project Closure Plan
• Contract Closure
• Administrative Closure  
• Project Closure & Contract Closure Interaction
• The Punch-List Approach
• Lesson Learned
• Post-Project Evaluation  
• Success Celebration
• Group Discussions, Practical Examples, Video Presentations and Case Studies

The Scandinavian Academy for Training and Development employs modern methods in training and skills development, enhancing the efficiency of human resource development. We follow these practices:

• Theoretical Lectures: 
  • We deliver knowledge through advanced presentations such as PowerPoint and visual materials, including videos and short films.
• Scientific Assessment:
  • We evaluate trainees skills before and after the course to ensure their progress.
• Brainstorming and Interaction: 
  • We encourage active participation through brainstorming sessions and applying concepts through role play.
• Practical Cases:
  • We provide practical cases that align with the scientific content and the participants specific needs.
• Examinations: 
  • Tests are conducted at the end of the program to assess knowledge retention.
• Educational Materials:
  • We provide both printed and digital scientific and practical materials to participants.
• Attendance and Final Result Reports:
  • We prepare detailed attendance reports for participants and offer a comprehensive program evaluation.
• Professionals and Experts: 
  • The programs scientific content is prepared by the best professors and trainers in various fields.
• Professional Completion Certificate: 
  • Participants receive a professional completion certificate issued by the Scandinavian Academy for Training and Development in the Kingdom of Sweden, with the option for international authentication.
• Program Timings:
  • Training programs are held from 10:00 AM to 2:00 PM and include coffee break sessions during lectures.

INTRODUCTION

In today’s competitive global economy, virtually all organizations are project-based. Whether they are governmental, industrial or commercial ones, these organizations supply products or services intended to satisfy the needs and requirements of their clients by applying the principles and methodologies of project management to implement their projects.  All of these projects rest on the foundation of contracts and the inter-relation between the two is vital for project success.

Consequently, this programme is designed to:

• Assist organizations in developing professional project and contracts managers who are aware of the strategic importance that effective and efficient management of contracts and the project of which they are part plays in the achievement of the mission of their organizations
• Provide the knowledge and skills project and contracts managers need to successfully complete a project
• Increase the capability of organizations to deliver projects successfully by using appropriate processes and best practices
• Understand the project manager’s role in leading the way to better project performance and profits
• Examine the basis of contracting, with particular reference to international contracts
• Explore the ways in which contracts are created, including competitive tendering
• Look at some of the issues in drafting contracts, including clarity of language
• Show how to prepare for and conduct negotiations, whether on the terms of the contract itself, or on claims arising after the contract has been created

PROGRAMME OBJECTIVES

• Establish project goals and objectives that are directly linked to stakeholders’ needs and expectations
• Develop and use work breakdown structures
• Develop realistic and measurable objectives to ensure positive results for project performance
• Estimate project time and costs using proven techniques
• Establish an effective project control system and monitor efficiently project progress
• Use a practical, step-by-step process to manage project risks
• Identify threats and opportunities to your project, and weigh their relative values
• Utilize tried and proven project management tools and techniques to get the jobs done on time, within budget and in accordance with client’s requirements
• Understand the issues behind contracts
• Explore ways of creating contracts, and the different strategies available for different types of project
• Review different types of contract
• Examine some of the issues that arise in drafting contracts
• Develop improved skills in negotiation relating to contracts

TRAINING METHODOLOGY

The programme will combine conventional teaching with a high level of participation; including an interactive approach to involving participants in discussion of topics; exercises; and encouraging participants to bring their own experiences forward for discussion and debate. Wherever possible, real examples and short case studies will be included from different industries around the world to make the course as relevant as possible.

PROGRAMME SUMMARY

The programme provides participants with an excellent introduction to these highly specialized, process-oriented disciplines. It introduces to them the foundational concepts of contracts and of project management and shows them how to initiate, plan, execute, monitor, control and close a project, including the development, negotiation and management of the contracts underpinning the project. The intention is to offer participants essential steps for developing and defining goals and objectives, selecting the appropriate contract form, setting up the project plan, assigning and scheduling the work, establishing the budget, monitoring progress, managing the contract, and exercising control to achieve desired project results by meeting the project objectives with preset levels of quality expected by the client and being responsive to clients’ needs and expectation.