We provide training on a wide range of issues relating to basic contract law, contract management and the drafting of service level and outsourcing agreements. We have successfully tailored a number of courses for clients which address the particular areas of interest for such clients. We have sufficient content to run workshops from 2 hours to 3 days and thus are able to compile courses that are aimed at different levels and competencies within your organization. Some of the modules we offer include those set out below. If you would like us to tailor a specific course for you, please contact either John McPherson or Braam Kruger.

Module 1 - Introduction To Contract Management

• what is contract management

• foundations of contract management

• what your contracts should include

Module 2 Basic Concepts of Contracts

• concepts of legal obligations

• what is a contract

• concluding contracts

• requirements for a valid contract

• nominate contracts

• binding nature of contracts

  • contracts which are null and void

  • voidable contracts

  • unenforceable contracts

• formalities required with respect to contracts

Module 3 - Context within which contracts are formed

• common law

• sources of SA Law

  • custom

  • legislation

  • court decisions

  • policy

Module 4 - Format of contracts

• written contracts vs oral contracts

• advantages and disadvantages of written contracts

Module 5 - Contracting and risk

• identifying risk

• electronic contracts within the context of the ECT Act

• danger areas

Module 6 - Establishing consensus : offer & acceptance

• offer and acceptance

• establishment of consensus

• requirements for a valid offer

  • quotations

  • estimates

  • request for proposal

• consequences of an offer

• acceptance

• requirements for valid acceptance

Module 7 - contents of the contract

• when it is formed
• factors which influence consensus
  • error
  • misrepresentation
  • duress
  • undue influence
• different types of contract
  • transactional
• goods
• service agreements

Module 8 - Drafting the Terms & Conditions

• determine feasibility of contracting
  • look at existing contracts (termination / transfer)
  • staff issues
• the rfp and the response
• drafting the agreement
  • structure
  • identifying the appropriate terms
  • analysing the pros and cons of standard terms
• determining what form of contract to use
• importance of a whole agreement clause
• important contractual issues
  • right to audit

Module 9 - Basic principles of negotiation

• 3 fundamental components
• basic tips
• analysis of negotiation strategy
  • importance of compiling a checklist;
  • investigating certain negotiation tactics
• The 7 deadly sins of negotiation

• implementation phase
  • legal certainty vs. flexibility

Module 11 - Implementing a successful contract management process

• looking at aspects of contract management
  • unpacking the components of intelligent customer capacity
  • relationship management
  • contract governance structures
  • information flows and communication levels
  • the importance of communication and the levels at which it should occur.
  • escalation principle - filtering of issues
• contract governance
  • defining roles and responsibilities
  • people, skills and continuity
• relationship management
  • critical success factors
  • the importance of meetings
  • relationship goals
  • important aspects of relationship
• what can go wrong
  • examining the reasons why organisations fail to manage contracts successfully

Module 12 - Service Delivery Management

• ensuring that
  • what has been agreed is delivered
  • to appropriate standards
• examining the difference between the Master Agreement & SLA
• analysing the concept of the SLA
  • types of SLA’s
  • internal vs external SLA’s
• drafting the SLA
• performance measures “dashboard”
• reporting
• compiling the SLA
  • establishing service offerings
  • analysing various methods of defining services:
  • input
  • output
  • outcome basis
• structure of performance measurement
  • measurement tools
  • determining non performance
  • consequences of non-performance
• quality assurance process
• balanced scorecard
• penalties & rewards - principles
• types of penalties

Module 13 - effective planning and scheduling

• contract administration
  • barriers to effective contract admin
  • strategies for improving the contract administration

Module 14 - change management

• different areas require different approaches
• establishing authority levels
• importance of administration
• importance of recording informal changes

Module 15 - dispute resolution

• why dispute resolution is important
• analysing the pros and cons of mediation and arbitration

Module 16 - Contract Termination and Transfer

• resolutive conditions
• breach
• remedies and damages
  • types of damages
  • limitation of liability clauses
• termination of the agreement - how and when

Module 17 - Transfer Management

• importance of providing for a plan
• what to transfer?

Module 18 - Managing Subcontract Risk

• the do's and don'ts of subcontracting
• avoid becoming the meat in the sandwich