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Course Description

This intensive five-day program is specifically designed for procurement professionals, project managers, contract administrators, and anyone involved in the acquisition and management of goods and services for projects. The course provides a deep dive into the critical legal aspects that underpin effective project buying and robust contract management. Participants will gain a comprehensive understanding of contract law fundamentals as they apply to procurement processes, from the legality of solicitations and supplier selection to the nuances of contract formation and key contractual terms.

Course Objectives

  • Understand the fundamental legal principles of contract law as they apply to project procurement.
  • Identify and manage the legal implications at each stage of the project buying cycle (from planning to close-out).
  • Ensure legal compliance in tendering processes, including invitations to bid, supplier selection, and award.
  • Master the legal elements of various project-related contracts (e.g., purchase orders, service agreements, subcontracts).
  • Draft and interpret key contractual clauses from the buyer's perspective to manage scope, quality, schedule, and cost.
  • Proactively identify, assess, and mitigate legal risks inherent in project contracts.
  • Understand the legal consequences of non-performance, breach, and default by suppliers/contractors.
  • Apply effective strategies for contract change management and claims resolution from a legal standpoint.
  • Navigate different dispute resolution mechanisms specific to project contracts.
  • Ensure adherence to relevant laws, regulations, and ethical standards in all buying activities.
  • Collaborate effectively with internal legal counsel and external parties on contractual matters.

Who Should Attend?

This course is highly beneficial for Procurement Managers, Buyers, Purchasing Officers, Project Managers, Contract Administrators, Schedulers, Cost Controllers, Finance Professionals involved in project spend, and anyone responsible for acquiring goods and services or managing supplier contracts within a project environment.

Course Agenda

Day 1: Foundations of Contract Law for Project Buying

  • Introduction to Contract Law in a Project Context:
      • Definition and Purpose of Project Contracts.
    • Key Legal Elements of a Valid Contract: Offer, Acceptance, Consideration, Intention to Create Legal Relations, Capacity, Legality.
    • Distinction between different project procurement documents: LOI, MOU, PO, Service Agreement, Master Agreement, Subcontract.
  • Sources of Law Affecting Project Buying: Contract Law, Commercial Law, Sales of Goods Acts, specific industry regulations.
  • Understanding Contractual Parties: Legal entities, corporate authority, principal-agent relationships.
  • The Buyer's Perspective: Rights, Obligations, and Responsibilities.
  • Importance of Written Contracts: Evidence, clarity, enforceability.
  • Incoterms® 2020 (Brief Overview): Understanding their legal role in defining delivery, risk, and cost in international buying.
  • Workshop: Analyzing common procurement scenarios to identify the presence of a valid contract and potential legal pitfalls.

Day 2: Legalities of Tendering, Source Selection & Contract Formation

  • Legal Framework for Project Tendering:
      • Invitation to Treat vs. Offer (RFI, RFQ, RFP, ITT).
    • Legal implications of bid submissions and withdrawal.
    • Fairness, Transparency, and Non-Discrimination in competitive tendering.
    • Bid Bond, Performance Bond, Advance Payment Guarantees (Legal Purpose).
  • Supplier Selection & Due Diligence (Legal Lens):
    • Legal aspects of pre-qualification and evaluation criteria.
    • Compliance checks: Sanctions, anti-bribery, environmental.
    • Confidentiality and Non-Disclosure Agreements (NDAs) during the tender phase.
  • Contract Formation in Project Buying:
    • Offer and Acceptance: When a legally binding contract is formed (e.g., acceptance of PO, signed agreement).
    • Battle of the Forms: Resolving conflicting terms (e.g., PO vs. supplier T&Cs).
    • Standard Terms & Conditions: Incorporating them legally.
  • Digital Contracting: Legal validity of electronic signatures and online agreements.
  • Practical Exercise: Reviewing a Request for Proposal (RFP) to identify clauses with legal implications for bidders and the buyer, and discussing best practices for ensuring legal defensibility.

Assessment Methodology

All courses conducted by EdTech will begin with a Pre-evaluation and end with a Post-evaluation. The instructor will evaluate the knowledge and skills of the participants according to the feedback given by participants. This will help to recognize the benefits and the level of knowledge gained by participants through the course.

Training Methodology

Facilitated by a highly qualified specialist, who has extensive knowledge and experience; this program will be conducted using extensively interactive methods, encouraging participants to share their own experiences and apply the program material to real-life work situations in order to stimulate group discussions and improve the efficiency of the subject coverage.

Percentages of the total course hour classification are:

  • ​40% Theoretical lectures, Concepts and approach
  • 20% Motivation to develop individual skill and Techniques
  • 20% Case Studies and Practical Exercises
  • 20% Topic General Discussions and interaction

Course Manual

Participants will be provided with comprehensive presentation material as reference manual. This presentation material is a compilation of core valuable information, references, presentation methods and inspiring reading which will be used as a part of the material guide.

Course Certificate

At the completion of the course, all participants who successfully accomplished the required contact hours will receive an EdTech Training Participation Certificate as a testimony to their commitment to professional development and further education.

Why Edtech ?

  • Industry Experienced; Internationally Qualified Trainers
  • Hands-on Practical Sessions & Assignments
  • Intensive Study materials
  • Flexible Schedules
  • Realistic training methodology
  • High-Quality Training in Affordable Course Fees
  • Achievement Certificate, as approved by the Ministry of Education (Abu Dhabi Center for Technical and Vocational Education Training - ACTVET), HABC, AWS, IAOSHE, SHRM, etc.