Contract Writing and Negotiation for Non-Lawyers

About the Course

Negotiation and preparation and holding one accountable to a contract are the means by which businesses achieve their objectives. Two key ingredients to successful contract management are the negotiation of terms and conditions to match business outcomes and a robust, well-devised contract design process. This training provides an opportunity to learn how.

The course will assist contract managers to refer to and understand a contract that they may not have designed or negotiated, to determine the applicable conditions and their negotiating position.

Contract writing and negotiation for non-lawyers training will also illustrate how to make contracts relevant to the active management of the relationship between the principal and the contractor. This is applicable when needing to vary things such as price and deliverables, or proposing change when exercising options of extension.

You will learn how to combat tactics and tricks that are designed to unnerve you when negotiating terms, conditions, extensions and performance outcomes. Even if, as a contract manager you do not draft the contract documents, your input/briefing to the drafting team/legal staff is valuable and will be improved after this course.

Who Will Benefit

Second, in our contract management CMP series, contract writing and negotiation for non-lawyers training is relevant for those involved with the administration or management of contracts, developing, drafting or negotiating contract terms and conditions or evaluating contracts in any industry sector. Knowledge of contract administration fundamentals is advisable, along with an understanding of contract law. This course will particularly be relevant to:

• Business managers and executives who frequently deal with contracts
• Project managers responsible for overseeing contractual agreements
• Procurement and supply chain professionals involved in contract negotiations
• Entrepreneurs and small business owners handling their own contracts
• HR professionals managing employment or service agreements
• Engineers and technical professionals involved in project or vendor agreements

Key Learning Objectives

• Learn how to write a contract while considering important elements, such as operational factors, risks and the cost/performance balance
• Develop a process to capture lessons learnt from previous contracts to apply now
• Interpret a contract that you may not have designed to determine what applies to your contracts and your negotiating position
• Ensure the contract design accurately reflects what is being procured and supports ongoing issues during the term
• Foresee the active management of the principal-contractor relationships when varying aspects like price, deliverables and extensions
• Understand the use or amendment of standard form contracts and contract schedules
• Modify and create clauses in clear, plain English that cannot be misinterpreted
• Understand ways to build and manage your bargaining power

Course Information

Instructional Delivery Method: In Person and Live Digital
Prerequisite & Advanced Preparation: Reading material will be sent prior to the course

International Institute of Business & Technology

The International Institute of Business & Technology Aust (IIBT) is a highly respected, government-approved, Australian provider of higher education and VET programs. Their suite of programs includes a University level Diploma of Business Administration, equivalent to the first year of a business related undergraduate degree at Australian Universities.

Delivered by Margaret Andrè

In 2017 Margaret started her own legal practice after having worked in a boutique law firm that specialised in construction law matters. She has a general interest and sound knowledge of the building and construction sector and is experienced in dispute resolution processes including mediation, adjudication, arbitration and litigation.

Delivered by Beverley Honig

Beverley Honig is an internationally qualified lawyer with over 20 years’ experience in Australia, the United Kingdom and Middle East. A winner of The Australian Financial Review and Westpac 100 Women of Influence Awards, she is also listed in the Who’s Who of Business in Australia and the Businesswomen Hall of Fame.

Delivered by Sean McCarthy

Having spent many years in the building and construction industry, I now practice solely as a construction and fire engineering lawyer. Generally my work involves "front end" advice, negotiating, drafting and amending agreements to appropriately reflect the risk propensity of the parties to the contract.

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