Contract Law and Management Certification Program

Why Select this Training Course?

A contract is a legally enforceable agreement, whether oral or written, signed by two parties to provide goods or services. The primary objective of contract law is to regulate and mitigate conflicts of interest that often result in disputes between the involved parties. Hence, contract law establishes the limits of an agreement by specific principles that the parties must adhere to. When drafting a contract, examining many variables, such as the offer, acceptance, controlling law, and third-party rights, is important. The contents of a contract are contingent upon the exact terms and conditions of a given project.

This Rcademy Contract Law and Management Certification Programme will offer comprehensive education and training to the participants on the most effective methods for handling contract creation, contract contents, performance and discharge, as well as remedies for breaches. For employers, consultants, and contractors, it is crucial to provide training to their staff on the procedures involved in implementing contract law within a project. This training is necessary to comprehend the correct creation of contracts, the performance expectations, and the legal remedies available.

What makes a good contract?

A good contract should contain the contract’s scope, price mechanism, service levels/deadlines, monitoring periods, and governance systems. If the contract is lengthy or intricate in nature, it is always best to establish a contract management team.

Who should be responsible for contract management?

Contract managers are responsible for overseeing contracts in several areas, including government, technology, and any organisation with a significant number of contracts. Irrespective of the type of organisation, contract managers are consistently the main personnel accountable for creating and overseeing all contracts utilised by those organisations. In order to effectively manage contracts from their initial creation to their final implementation, contract managers must possess expertise in multiple domains. Some of the categories include legal compliance, negotiating, and relationship management, to name a few.

Contract managers frequently operate as the primary liaison between a company and external parties to guarantee prompt assessment and endorsement of any modifications. In addition, they also offer suggestions and engage in contract negotiations directly with customer solicitors or purchasing personnel.

Who Should Attend?

This Rcademy Contract Law and Management Certification Programme is for professionals in law and other relevant sectors such as:

• Contract specialists and professionals tasked with ensuring that the contract is thorough, precise, and in line with relevant laws and internal company policies.
• Risk managers who evaluate risk management policies and protocols, provide recommendations, and implement changes and enhancements.
• Professionals who assist parties in reaching agreements that are acceptable to all involved.
• Planning engineers expected to assist in facilitating agreements between parties to ensure mutual acceptance.
• Quantity surveyors responsible for monitoring the actual costs and comparing them to the cost plan.
• Business development professionals.
• Project managers.

What are the Course Objectives?

The main purpose of this Rcademy Contract Law and Management Certification Programme is to help professionals to:

• Design legally binding and unexploitable contracts efficiently by ensuring a valid offer and informed acceptance.
• Gain an understanding of the limitations surrounding contract enforcement and evaluate the significance of third-party liability in this process.
• Identify the pertinent legal issues in a party’s contractual
• Learn thorough comprehension of contract performance.
• Outline the steps involved in identifying a breach of contract.
• Acquire a thorough understanding of the available remedies for breaches.
• Gain a clear understanding of insurance, bonds, and guarantees.
• Develop a clear understanding of the significance of dispute resolution techniques.
• Communicate and interpret the responsibilities of all involved parties to a contract.
• Explain the steps taken during the project closeout.

How will this Course be Presented?

This Rcademy Contract Law and Management Certification Programme is designed to be participant-based and tailored to meet your expectations. It also aids in acquiring new skills and enhancing existing knowledge. Various techniques and approaches are deployed to make sure participants actively learn during the training. The course will be taught by experienced professionals in the field who have accumulated years of practice and expertise. The modules have been carefully designed using thorough and extensive research on the subject.

This programme offers a comprehensive learning experience. You’ll gain both theoretical and practical knowledge through engaging lecture notes, informative slides, and real-life scenarios. Everyone will have the opportunity to participate in presentations, quizzes, and seminar workshops and receive continuous feedback on the lessons taught to ensure satisfaction.

What are the Topics Covered in this Course?

Module 1: Law of Contract

• What is contract law?
• Types of contract
• Terms of a contract
• Discharge of contracts
• Contract breach
• Remedies for breach of contract

Module 2: Steps in the Formation of a Contract

• Offer issuance
• Acceptance
• Competency
• Consideration
• Understanding terms and conditions
• Provisions for cancellation and renewal
• Mechanisms for resolving disputes

Module 3: Third-party rights

• Understanding the doctrine of privity and its implications
• Exceptions to privity of contract
• Types of third-party beneficiaries (intended vs. incidental)
• Rights of intended beneficiaries to enforce contracts
• The process of assigning rights and delegating duties
• Legal requirements and limitations on assignments
• Impact of assignment on third parties
• Contractual rights and obligations of subcontractors

Module 5: Contents of the Contract

• Identification of contracting parties
• Both parties’ legal capacity to be signatory to a contract
• Roles and responsibilities of each party
• Defining express and implied terms
• Standard vs. negotiated terms
• Interpretation and construction of contract terms
• Legal requirements for a valid offer
• Grounds for termination of the contract
• Consequences of breach and available remedies

Module 6: Contract Compliance and Auditing

• Compliance monitoring
• Internal audits
• Regulatory requirements
• Third-party audits
• Reporting obligations
• Corrective actions

Module 7: Real Estate Contracts

• Purchase and sale agreements
• Lease agreements
• Financing provisions
• Due diligence in real estate
• Zoning and land use
• Environmental clauses
• Closing procedures

Module 8: Dispute Resolution in Contracts

• Mediation techniques
• Arbitration agreements
• Litigation strategies
• Choice of forum clauses
• Governing law provisions
• Settlement agreements
• Enforcement of judgments

Module 9: Mergers and Acquisitions Contracts

• Due diligence processes
• Asset purchase agreements
• Stock purchase agreements
• Representations and warranties
• Indemnification clauses
• Covenants and conditions
• Closing conditions

Module 10: Ethics and Professional Responsibility in Contract Law

• Legal ethics in contract drafting and negotiation
• Maintaining confidentiality in contractual relationships
• Legal privileges in contract negotiations
• Legal frameworks for anti-corruption
• Incorporating anti-bribery clauses in contracts
• Compliance with international anti-corruption laws
• Legal protections for whistleblowers
• Incorporating whistleblower clauses in contracts

Module 11: Public Sector Contracting

• Understanding the legal framework for public sector contracts
• Compliance with public procurement laws
• Case studies on public sector contracting
• Legal requirements for bidding and tendering
• Evaluating and awarding public contracts
• Ensuring transparency in public contracting
• Incorporating sustainability in contracting

Module 12: Performance and Discharge of the Contract

• What is performance?
• Difference between complete and substantial performance
• Legal standards for determining substantial performance
• Discharge a contract by agreement
• Types of conditions (precedent, subsequent, concurrent)
• Impact of conditions on contractual obligations

Module 13: Breach of Contract

• What is a contract breach?
• Types of breaches
• Breach implication
• Breach occurrence
• Breach mitigation
• Enforcement and compliance by either party
• Assessment and remedy

Module 14: Trends and Technologies in Contract Law

• Use of virtual legal assistants
• Use of blockchain technology to monitor transactions
• Applications of smart contracts in automating contractual obligations
• Predictive analytics for contract risk assessment
• Data security for the protection of data
• Leveraging data analytics for contract insights
• Incorporating cybersecurity measures in contract clauses
• Use of AI in legal chatbots
• Use of contract management software
• Smart contract
• Collaborative law
• Cloud and advanced computing