Advanced Contracting & Negotiating

Overview

This is an intensive and practical day-long seminar which involves interactive discussions and “hands-on” experience in contracting and negotiating.  “Learn-by-doing” training will include comprehensive analysis of contracts for the acquisition of consultant/ professional services, equipment, facilities, and products as well as exercises in drafting clauses and negotiating agreements.

This seminar is intended for those who have a minimum of two years’ prior experience in reviewing and negotiating contracts and wish to take their contracting and negotiating skills to the next level. The goal is to have attendees master advanced skills related to analyzing, negotiating and drafting more complex business agreements.

Each registered attendee is encouraged to submit their contracts to Leslie Marell in advance of the seminar for group discussion.

Who should attend?

Purchasing, Contracts, Sales, IT, Facilities, Legal, and anyone who negotiates contracts with their suppliers or customers OR those who have previously attended Contracts: Reading, Writing & Negotiating.

Agenda for the Advanced Contracting & Negotiating Seminar

Important first steps:

  • Understanding your internal stakeholder’s requirements
  • Questions to ask/ information to obtain
  • Exercise in creating and working with a checklist for use with your stakeholders

Using your Contract Templates:

  • What NOT to do
  • Modifying your template to meet the specific requirements of the transaction
  • Exercise in tailoring the contract template to ensure the contract reflects the deal

Limitations of Liability, Warranty and Indemnity:

  • A deeper dive into the legal language
  • Avoiding inadvertent conflicts between the clauses
  • Exercise in reviewing all clauses in the context of a single contract document

Detailed discussion of other significant issues/ clauses:

  • Ownership of Intellectual Property
  • Changes Clause
  • Liquidated Damages
  • Tying Performance to Payment

Negotiating Contracts:

  • Exercises in reviewing and negotiating supplier redlines to a purchaser’s contract
  • Negotiating a Supplier Contract

Working with Legal

  • Providing direction to your legal department