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Course Outline

  Determining the role of the contract Download Course Brochure
 
  • For court or practice?
  • Defining what is a legal agreement – its not just the contract
  • Key objectives of contracts – to actually work
  • Various types of contracts – substance, not titles
   
  Constructing a robust contract
 
  • Structure – why it matters
  • Key schedules – quick overview
  • The Contract Blueprint – straightforward plan = straightforward contract
  • Writing contracts for practice, not just court

Exercise: Design a structure

   
  Designing outcomes
 

The Contract Scorecard – the portfolio of outcomes the stakeholders are seeking

Exercise: Design a scorecard

   
  Getting outcomes
 
  • Performance measures – how you will measure success and failure
  • Recourse/reward schemes – what you will do about good and bad performance
   
  Best practice in contract management
 
  • Activities required for successful contract management
  • Budgeting the contract management function
  • The Contract Management Strategy
   
 

Exercises:

 
  • Organisation assessment
  • Case example
  • Your investment
   
  Best practice in key schedules – specification/SoX
 
  • Responsibility Matrix – know who is supposed to be doing what
  • Specification – avoid misinterpretations
   
  Best practice in key schedules – pricing
 
  • Explore the pros/cons of various pricing models
  • Decision tree – checking your decision
  • The total cost of contract – it’s not just the invoices

Exercise: Explore the use of each model

   
  Best practice in key schedules – governance charter
 
  • End of term options
  • Disengagement

Exercise: Disengagement exercise

   
  Current practices with contract conditions
 
  • Explore some key contract design issues
  • Best practices in standard clauses
  • Discuss the 100+ standard
   
 

Exercise

  • Clauses open forum

Case study

  • Review an Australian standard contract
   
  The best practice contract lifecycle
 
  • Bargaining power – how it changes over time and what you can do about it
  • Cost curve – your investment choices
   

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