Course details

Overview ?

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.

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