Programme
Module 1. The status of a party to a contractual obligation
- Subjects of contractual relations: specifics of participation by individuals and legal entities.
- The legal status of the general contractor and subcontractor.
- Legislative restrictions and rules for transferring the scope of work to subcontracting organisations.
- Specifics of the work of consortiums and their participation in civil-law relations.
Module 2. Developing a contractual strategy
- Conducting contractual work from a position of strength (market dominance).
- Protecting interests from a position of law (following strict legal norms).
- Partnership from a position of mutual commercial interests (a Win-Win strategy).
Module 3. Concluding a contract and pre-contractual procedures
- Organising and conducting preparatory activities.
- The methodology for selecting and vetting potential partners. Mandatory legislative requirements for counterparty compliance checks.
- Essential terms subject to mandatory agreement by the parties.
- Working with disputed terms: drafting, legal force and the role of protocols of disagreements.
- Complex legal cases: determining the exact moment the contract is concluded, performing obligations before the final signing of the documents.
- The international aspect: an algorithm for determining the law applicable to a foreign trade contract. Specifics of conflict-of-laws rules in the absence of an agreement between the parties on the choice of law. Procedure for establishing the content of foreign law in courts and arbitrations.
- The procedure for recording agreements and the final execution of contracts.
Module 4. Support and monitoring of contract performance
- Organising the performance process: recording deadlines, stages and other essential terms.
- The procedure for acceptance of goods, works and services. Legal consequences of violating the terms of the contract.
- Grounds and procedure for unilateral refusal to perform obligations.
- Tools for comprehensive monitoring of contract performance.
- Organising legal and economic monitoring of transactions.
- Implementing prompt corrective action when deviations are identified.
Module 5. The contract closing procedure
- The algorithm for the parties completing their obligations.
- Documenting the closing of transactions.
- Managing post-contract risks and fulfilling warranty obligations.
Module 6. Internal contractual work regulations in commercial organisations
- Creating, approving and implementing the Regulation on contractual work.
- The procedure for assigning centres of responsibility within the company for approving individual contract terms.
- Optimising the internal chain for approving draft documents.
Module 7. Specifics of working in the field of regulated procurement
- Specifics and rules for organisations subject to the laws on regulated procurement to conclude contracts.
- Analysis of risks and key mistakes when working on procurement platforms.
