Do you need a contracting strategy that maximises opportunities in today's challenging market?
Working in a competitive market does not mean you have to accept unnecessary contractual risk. Our training will help your managers learn the skills necessary to mitigate contractual risk, take full advantage of your opportunities, and immediately gain a competitive advantage in the present challenging market conditions.
OPPORTUNITIES
Understanding the rights and obligations of a contract and the mechanisms of contracting will allow your managers to mitigate the inherent risks and maximise any opportunities in their contracts. This is a critical skill required by all managers in the Oil and Gas industry.
ENGAGEMENT
Explore contracting strategies which mitigate risk and capitalise opportunities in the Oil and Gas industry. Have your team take a renewed interest in your contracting strategy and become actively engaged in the process, management and drafting of upstream agreements.
IN OFFICE TRAINING
A bespoke two day workshop delivered in your offices allowing you to have all personnel involved in contracting attend. The workshop is a combination of short presentations, activities, case studies, short tests and discussion covering a variety of topic options.
CONTRACT DISPUTES HAPPEN ALL THE TIME
Contract disputes (whether well-founded or not) are an unavoidable fact of life in the offshore industry, and the consequences can escalate from relatively minor financial claims to multi-million dollar liabilities that can bankrupt a company. Having a clear and well-implemented contracting strategy can make the difference between the success or failure of your business. Our course will raise awareness of common contractual issues across your project teams and give you the tools to manage these risks.
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OPTIMISE YOUR
CONTRACTING STRATEGYThis contracts course examines the contracting framework, the contracting environment, and the subtleties and complexities of Oil & Gas contracts
• Why the contract is a soft-system not a document and, consequently, should be addressed with a holistic philosophy.
• The importance of drafting the scope of work.
• The ‘unknown, unknowns’, Letters of Intent, the Battle of the Forms and working without a contract.
• The Dunning Kruger Effect: dealing with people who are too incompetent to realise they are incompetent.
• The ‘Three Tenets’ of contracts management:
WHAT THEY SAY
Our clients experience of the course
Course delivered in Malin Group Glasgow Offices November 2017
COURSE MODULES
In addition to the introductory module the two day contracts course contains four of the following six topic options. The choice of modules is decided with you during a Skype consultation, these discussions also allow us to further tailor the course to your company's situation.
INTRODUCTION
What is a contract, risk, soft complexity, three tenets of contract management, industry acceptable terms and conditions.
FORMATION OF A CONTRACT
What constitutes a contract? How is a contract formed? The components of a contract. Implied & express terms. The four corners rule. The battle of the forms. Letters of intent. Unknown unknowns.
RISK EXCLUSIONS & LIMITS OF LIABILITY
Types of risk. Breach of contract. Surety. Damages, limitation and indemnity for breach. Liability for physical damage. Consequential loss. Force Majeure. Termination. Exclusions and limitations of liability. Overall limit of liability. ‘Contra Proferentem Rule’ and enforcement of exclusions and limitations.
INDEMNITY REGIMES
Indemnity/indemnity regimes. ‘At law’ position. Knock-for-knock indemnity regimes. Broad form and narrow form indemnity regimes. Hybrid regimes. Mutual Hold Harmless (MHH) Agreements. Indemnity for Breach of Contract. Indemnity for Fines and Penalties
CONTRACTING PROCESS
A review of contracting process, tools, policies & procedures. Contracts Team & Contracts Review. Four Corners Rule. Entities. Checklists.
BACK TO BACK CONTRACTS
Overview, pitfalls of inadequate drafting, structuring back to back contracts, standalone subcontracts, common drafting issues.
COURSE PRICE & BOOKING
Book a no obligation telephone consultation to discuss today.
Bespoke - tailored to your situation
Initial consultation by Skype
Two day modular workshop with opportunities for discussion
Participant workbooks and full course notes included