Contract Law Fundamentals

 

 

This one-day intensive course provides essential, expert training for you or your whole team. It will put you and your team in control of your transactions, positioning you to avoid delays, disputes and disasters.

 Metis Contract Law Fundamentals course was very well run and provided a wealth of information regarding the use and implementation of contracts. The course director was well spoken, has a wealth of experience that he was more than happy to share. The course materials are very detailed and will definitely be used as a reference in my future work 

This course informs business and government about contracts, delivering critical legal knowledge for anyone who has any exposure to contracts of whatever size, value and type.

During the one day intensive program you will examine the law and commercial factors affecting the contract lifecycle, from formation, through performance to completion, you will be provided with essential guidance on:

  • understanding clauses and terminology

  • risk identification; allocation and management

  • standard form contract and general contract termination, and 

  • dispute resolution.

With this knowledge, you can ensure that contracts are prepared properly from the outset, setting a clear path to maximise outcomes. You will be provided with the tools and knowledge to know your rights when you are not getting what you expect out of your contract. 

You will also learn how to recognise whether the contract is on the right path, and how to end the relationship either amicably or through dispute, when it is not. Incorporating a focus on interactive workshops and real- life case studies, this course covers all the need-to-know essentials.

  • Contract Formation Essentials

  • Heads of agreement explained and explored

  • Engaging the market - contractual issues in the tender process

  • Understanding and dealing with intellectual property

  • Liability, indemnity, warranties and insurance

  • Risk allocation

  • Managing contracts through boom and bust

  • Breach of contract

  • Detailed Outline

BOOK NOW
$950+GST

  • BRISBANE, June 26

  • MELBOURNE, September 15

  • SYDNEY, October 25

Practising for in both the private and public sector, Scott Alden works on large strategic projects and infrastructure projects, and advises clients in relation to commercial contracts, procurement and probity.

Scott has specific expertise in government and commercial law, infrastructure projects, general contractual and legislative advice and the tendering process and commercial contracts of all kinds and sizes and for all industries.

Scott is a Partner at Holding Redlich. He has experience in major developments such as government capital and services procurement and infrastructure contracts and performance.

Scott is also highly regarded in the areas of government, water, defence, public transport infrastructure (buses, trains and ferries), IT requirements, tertiary institutions (universities) and ports.

Scott is a member of the Law Council Building and Construction (Infrastructure) Committee, a guest lecturer at the University of Melbourne (Masters of Construction Law Program), past chair of the Business Law Committee of the Law Society of NSW, as well as a past Councillor of the NSW Law Society and current executive member of the Commonwealth Law Association.

1. Contract Formation Essentials

  • Law of Contract – essential prerequisites
  • Myths and errors
  • Use of Standard Form Contracts (including exercise on types of Standards and gaps in the standards)
  • Understanding offers, acceptances and invitations to treat ƒƒIdentifying the parties – types of parties and the impact on
  • contract formation
  • Offer vs. Invitation to Treat – what is the difference?
  • Capacity and Delegation (including reference to published recent article on delegation and exceeding authority)
  • Contract vs. Deed
  • Issues with contract formation (including exercise on contractual certainty)
  • WORKSHOP Defining Contract Formation During Negotiation and Battle of the Forms

2. Heads of Agreement – explained and explored

  • What is a Heads of Agreement?
  • Are Heads of Agreement different from a letter of intent, MoU or Letter of Understanding?
  • Types of Heads of Agreement
  • Why use Heads of Agreement?

3. Engaging the market – contractual issues in the tender process

  • The difference between an RFP and an EOI
  • The tender process and contractual liability (using a published article on the most recent legal case on tendering in Australia)
  • The process contract explained and explored
  • Contractual damages and the tender process
  • How to structure RFPs
  • How tenders are assessed and getting the selection right
  • Avoiding risks in the tender process
  • Probity- what it is and why we have it
  • Managing the Procurement.
  • WORKSHOP The Process Contract - Exclusion of Contract and Excluding Liability

4. Intellectual Property

  • The law on IP and who owns what
  • Dealing with IP in contracts
  • Understanding IP ownership and IP licensing.

    5. Liability, Indemnity, Warranties and Insurance

    • Overview of contractual risk
    • Risk in a contractual sense
    • Risk Identification and Management- (including a simulated Risk Identification Workshop)
    • Liability and Limitation / Exclusion of Liability
    • The use of indemnities and tips on negotiation Consequential Loss- What it means
    • Non-contractual risk mitigation tools.
    • WORKSHOP Risk Allocation (participants will work in groups to consider appropriate risk allocation in a dummy project)
    • Transferring Risk
    • Insurance
    • Other mechanisms to meet contractor liabilities, including parent company guarantees, deeds of substitution and indemnity and comfort letters.

    6. Managing contracts through boom and bust

    • Managing contracts through boom and bust – why is it different now?
    • Getting the selection right
    • Understanding contractual rights and mechanisms to manage contractor / subcontractor solvency risk.


      7. Breach of Contract

      • Termination
      • Contractual right to terminate vs. common law right to terminate
      • Termination for convenience. Contractual Damages
      • Types of contractual damages
      • Heads of damage
      • How to assess contractual damages Types of loss explained and explored
      • How to mitigate damages.
      • Dispute Resolution
      • Is litigation the only option?
      • Expert determination vs. mediation – the difference
      • Arbitration vs. litigation.

      "This is a great course, with helpful practical information. Recommend to all consultants."

      David Johnson
      J Wyndham Prince

      "Very knowledgeable, the instructor broadened my understanding."

      Corey Webb
      DDC Architects

      "I found the course very informative. It opened our eyes to the specific clauses, issues, and cases that have an impact on our business. Scott delivered the course very professionally, and I would recommend this course to anyone."

      Attallah Awad
      Draycon Building

      "I, Jane Alatli of Federation Lawyers attended an extremely informative seminar on Contract Law. Scott provided me with thorough explanations of the most updated law and provided practical experience to demonstrate this."

      Jane Alatli
      Principal Federation Lawyers

      "Very comprehensive, an eye-opening session."

      Quentin Moren
      Canvale Pty Ltd

      "Exceptional programme with very relevant anecdotal information. Very good material."

      Adrian Timmins, Associate

      "I would recommend the course to other commercial people."

      Nathan Kemp
      Laing O Rourke

      "Today enabled me to feel confident negotiating contract terms- I was previously not. The content was delivered in a way which was excellent and engaging."

      Kate Snell, Assistant QS
      Laing ORourke

      "I as a part of Draycon building, was able to understand the fundamentals of contract law. Scott and Alexia did a great job in keeping everyone engaged. We found the course to be informative and we would definitely recommend. Thank you!"

      James Salloum, Project Coordinator
      Draycon Building

      "Metis Contract Law Fundamentals course was very well run and provided a wealth of information regarding the use and implementation of contracts. The course director was well spoken, has a wealth of experience that he was more than happy to share. The course materials are very detailed and will definitely be used as a reference in my future work."

      Project Manager, Kieron McIlvin
      Aver

      "As a lawyer working with contracts and in a variety of industries including technology, construction and media, even with the legal background, I found the Contract Law Fundamentals seminar refreshingly insightful and continue to utilise many of the skills I learnt in my everyday practise. A must for anybody working with contracts in any industry!"

      Lawyer, Elliot Ford