Contract Compliance – Increasing Contract Management Skills, Variations & Dispute Strategies in Covid-19 climate: Effectively Monitoring Contracts throughout its life-cycle

by Prof Catherine Tay

Why You Should Attend This Course

The whole contract life cycle management refers to upstream pre-award & post-award activities, from preparing the business case, assembling the project team to developing contract strategy and risk assessment and to developing processes & procedures in a contract management plan including drafting specifications & requirements and establishing the form of contract (templates & software to monitor).

Managing contracts effectively is a critical part of the building of business relationships – relationship management. It is essential to manage contracts to facilitate harmonious relationships. Proper management of contracts prevents damaged relationships, loss of profit and injured professional reputations.

Learn the fundamentals of the workings of contract management though this course which can benefit project managers, service contractors and contract administrators. Non-compliant contract poses risks to all parties – exposing us to legal actions & damaging its reputation. Risk assessment & risk management is a critical part in successful contract management. Your contract must comply with the laws with clauses to contain all requirements to ensure compliance.

This course looks at the processes & practical procedures of contract management including contract administration throughout the life-cycle of the contract ensuring contract compliance.

  • Learn the “What if … mentality” for effective contract management compliance
  • Recognising contractual issues on variations, delays and delivery defects to advance practical procedures to effectively deal with them
  • Evaluating risk assessment & risk management
  • Managing contracts ethically
  • Assessing, measuring & improving performance & creating metrics
  • Securing both project management and contract administration to stress on contract compliance throughout the delivery process
  • Discover Harvard negotiation strategies for dispute avoidance and resolution as weak negotiations lead to poor contract management
  • Handling disputes effectively
  • Identifying non-compliance or potential pitfalls
  • Conducting audits throughout contract life-cycle
  • Enhancing contract administration & compliance with software technology for effective document control, reporting and communication systems
  • Learning properly the contract closure process
  1.  Scope & Purpose of Contract Management
  • Main Principles of Contract Management
  • Challenges in Contract Management
  • Professional standards of Conduct & Ethics
  • Conflict of interest
  1.  Contract Management Procedures
  • Mobilization
  • Execution
  • Completion
  • Closure of contract
  1.  Principles of Contract Management

  • Conflict of interest
  • Management practices
  • Contract Lifecycles
  • Contract Amendment & Modification
  • Performance Management
  • Reporting Best Practices
  • Reporting Possible Fraud
  • Record Keeping best Practices
  • Contract Close out checklist
  • Administration
  • Payment and Invoices
  • Improvement
  • Fraud Prevention Plan
  1.  Contract Management Activities for Contract Executions
  • Letter of Award
  • Contract Agreement
  • Documentation
  • Commencement of Contract
  • Employer’s Financial Arrangement
  • Appointment of Engineer
  • Defects Notification Period
  • Contract Performance
  • Contractor’s responsibilities
  • Employer’s rights
  • Performance certificate
  • Closure of Contract
  1.   Main Responsibilities of Consultant / Engineer
  • Monitoring Performance
  • Payment Certification
  • Withholding Payments
  • Contract Variation Management
  • Dispute Resolution
  1. Termination of Contract
  • Termination for Convenience
  • Termination for Default
  • Factors to Consider before Termination for Default
  • Force Majeure
  • Failure to Comply with Notice to Correct
  • Notice of Termination
  1. Contract Closing Process
  • When Contract Completed?
  1. Procedures for Contract Management
  • Documented system of procedures
  • Structured flow of activities
  • Identify important activities & likely scenarios in each stage
  • Develop direction on actions to manage the above situations 
  1. a)  Content of Procedures – Mobilization Stage
  • Procedure – Formation of the Contract Management Team
  • Procedure – Handing-over documents to Contract Management Team
  • Procedure – Commencement of Contract
  1. b)  Contract Executing Stage
  • Procedure to Monitor & Document Progress
  • Procedure – Monitoring of Critical Issues
  • Procedure – Updating of Work Program
  • Updating Contract Amount & Forecast Cost
  • Procedure – Managing Design Changes
  • Procedure – Managing Variations
  • Procedure – Managing Claims
  • Procedure – Managing Extension of Times (EOT)
  • Procedure – Managing Employer Claims
  • Procedure – Managing Suspension of Work
  • Procedure – Certification of Interim & Final Payment Certificates
  • Procedure – Determination of Estimated Contract Value
  • Procedure – Day Work
  1. c)  Completion Stage
  • Termination of Contract
  • Force Majeure
  • Taking Over of Works
  • Management of as-Built Drawings
  • Defect Notification Period
  • Issuing of the Performance Certificate
  • Close Out of the Contract
  • Handing Over of Completed Works & Documents / Information e.g. built info to operation/maintenance team
  1.  Dispute Resolution – Procedures
  • Actions Required
  • Amicable settlement
  • Arbitration

This introductory & practical course is for those involved with any aspect of contract management or administration of contracts in any industry sector including construction activities to services contract.

Prof Catherine Tay Swee Kian has more than 35 years of experience lecturing law as Associate Professor at the National University of Singapore (NUS) Business School, Department of Strategy & Business Policy.  She is a Barrister-at-law from Lincoln’s Inn, United Kingdom.  Prof Tay is also an Advocate & Solicitor of the Supreme Court of Singapore and an author of several books including her best seller books on Contract Law and Director Duties & Corporate Governance.

Prof Tay studied law at Queen Mary College, University of London and graduated with an honours degree in Bachelor of Laws and a degree in Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance laws.  She was called to the English Bar by Lincoln’s Inn in 1978.  She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson. 

Prof Tay won the Aw Boon Haw and Aw Boon Par Memorial Prize for the overall best student in 1980 during her postgraduate practical law course in Singapore. She was called to the Singapore Bar in 1980. 

Prof Tay is currently a member of the National Healthcare Group Institutional Review Board (IRB) of Domain Specific Review Board tasked to review the scientific and ethical aspects of research protocols since 2002.  She received her 15 Long Service Award from NHG IRB in 2018.  She is also currently a member of the Centralised Institutional Review Board (IRB), Singapore Health Services Pte Ltd tasked to review clinical protocols for human subject experimentation.  A/Prof Tay was a member of SingHealth Polyclinics IRB since 2003.  She received her 10 years Long Service Award from Singhealth Centralised Institutional Review Board in October 2019. 

Prof Tay was also a member of the Research & Ethics Committee of Alexandra Hospital. She was also the medical-legal adviser of the Institute of Mental Health / Woodbridge Hospital. She was a member of the panel for lay persons for the National Transplant Ethics Committee, Ministry of Health in 2009-2011.

Prof Tay was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime.  She has presented numerous papers at many conferences and seminars on Business Law, Medical Law, Company and Insolvency Laws both overseas and in Singapore.  She is an examiner on law subjects for a number of professional bodies in Singapore and overseas.

Prof Tay conducts in-house customised corporate programmes and seminars / workshops for commercial firms, banks, hotels, hospitals, statutory boards and companies, clubs and associations on topics such as contract management; corporate governance in both public and private sectors including public-private partnership contracts; tender bids bidding in procurement contracts; service level agreements and tenancy agreements. For over 7 years annually, she was the Programme Director, for a Singapore-Commonwealth Third Country Training Programme, Singapore-Commonwealth Advance Seminar for Chief Executives 28 May – 7 June 2008, jointly sponsored by Ministry of Foreign Affairs and the Commonwealth Fund for Technical Co-operation Commonwealth Secretariat London, United Kingdom at Training Institution – National University of Singapore Business School.

Prof Tay has supervised medical students in electives on Medical ethics & medico-legal subjects at the NUS Yong Loo Lin School of Medicine, and also for University of Manchester at Singapore Polytechnic. She also lectured nursing students in nursing law and ethics at the NUS Alice School of Nursing as well as in Nanyang Polytechnic. She has lectured medical law and biomedical ethics in the NUS Faculty of Dentistry for more than 15 years. She has lectured in executive training courses at the NUS Extension in professional and business management law courses for over 34 years.  A/Prof Tay was the external examiner on medical law ethics at the Hong Kong University, Law Faculty (2007-2008).

Prof Tay was a Visiting Consultant and adjunct lecturer at the Institute of System Science, NUS for over 16 years lecturing IT outsourcing contracts, intellectual property and contract law. She gave lectures in Industrial Relations and Labour laws at the Ong Teng Cheong Institute of Labour Studies for over 12 years on labour laws in industrial relations. She was also the local teaching affiliate lecturing business law for Adelaide University, Australia.  A/Prof Tay is the Honourable Legal Advisor for Singapore Optometric Association, as well as for the Singapore Institute of Engineering Technologists.

Prof Tay lectures on “The Legislature, Policy Formulation & Implementation for Good Governance” to Ministers from Nigeria, Kaduna State Legislators” on 16-18 April 2018 at Singapore 2018 Capacity Building Retreat at Singapore Institute of Management (SIM) Professional Development. She also lectures on “Leadership & Governance” to Legislators from Kenya, 21-22 May 2018 at SIM Professional Development. She also lectures Public-Private Partnerships (PPP contracts) and joint ventures to global audience. She gave lectures several times on Corporate Governance to bankers from Uzbekistan.

Dates

23 – 24 Sep 2021
29 – 30 Nov 2021

Course Fee

S$1,200.00

The class offers in-class or virtual learning
  • Time: 9am – 5pm
  • MIS Member enjoy 10% Discount
  • Register for 8 or more participants to enjoy 10% Group Discount