________________________________________________________________________________________________

Objectives

• A more in depth understanding of the elements of a contract
• How to analyse complex contact documents, and understand the inter-relationship between clauses
• How to develop effective indemnity regimes
• Appropriate type and form of indemnities in different contracts
• How to use indemnities to manage risks
• The limitations of indemnity clauses
• How to link indemnity and insurance arrangements
• What types of insurance are available in a contracting context
• How to develop insurance clauses
• The latest thinking in dispute resolution techniques

The Delegates

• Engineering
• Projects
• Construction
• Tenders
• Contracts
• Legal
• Insurance
• Risk Management
• Buying
• Purchasing

The Contents

• Commercial Risk And Mitigation Through The Contract
• The need for contracts
• Identifying risk
• Risk mitigation or impact mitigation?
• Incoterms
• Intellectual property
• Types and nature of contracts
• Definition of terminology i.e. Conditions of contract & terms of contract etc.
• Different legal systems – how to look for common practices but understand the differences
• How And Why Contracts Are Drafted
• Why we use contracts
• Formation of a Contract
• Oral or written?
• The key elements of a contract
• Terms and Conditions of contract
• Liquidated damages/penalties
• Limits of liability
• Suspension and termination
• Acceptance and Certificates
• Guarantee/Warranty/Maintenance
• Agency issues
• The basic structure of a contract
• Incorporating documents by reference
• Standard Forms
• Incorporating tender documents
• Letters of Intent or Award
• Letters of Comfort or Awareness
• Side Letters
• Bank bonds and Guarantees
• Parent Company Guarantees
• Insurance :
• The purpose of insurance
• What insurance covers, and what it does not
• Limits on cover
• Duty to disclose information
• Meaning of “All Risks”
• Relationship with risk management
• Types of insurance used in contract clauses
• Workmen’s compensation/employers’ liability
• Third party/liability insurance
• Property damage
• Professional indemnity/errors and omissions
• Construction All Risks
• Motor and aviation
• Marine insurance
• Hull and machinery
• Protection and indemnity (“P&I Clubs”)
• Other relevant insurances
• Pollution
• Goods in transit
• Business interruption
• Unfair calling cover (bonds and guarantees)
• Export credit insurance
• Insurance for projects
• Who arranges?
• For whose benefit?
• Extension to subcontractors .
• Terms – involving contractors
• Indemnities  :
• Meaning of indemnities
• Making indemnities work – irrespective of negligence or breach of duty .
• Link with insurance
• Cross indemnities
• Personnel
• Property
• Catastrophe risks
• Value of covenant
• Issues with indemnities under Civil Law system
• Third parties
• Liability in negligence – relationship with contract conditions
• Claims handling
• Managing claims under project policies
• Making timely claims
• Information
• Involving insurers
• Resolving disputes
• Self insurance
• Resolving Dispute :
• Negotiation
• Staged Dispute Resolution clauses
• Litigation
• Arbitration
• Enforcement of Judgments and Awards
• New best practices in dispute resolution
• Mediation
• Conciliation
• Early Neutral Evaluation
• Expert determination
• Pendulum Arbitration
• Course summary.

The Discount

10% in case of Three P. (or more)