Contract Risk Management (SBL Khas Training Programme No. 1000190634)

22-23 Nov, 2021, Virtual Classroom Training

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S. Suresh Kumar LL. B (UK) is a trained and certified Risk Management professional in the area of Supply Chain Risk Management and Brand Protection. He attained his Bachelor’s Degree in Law from the University of Wolverhampton (UK). He then went on to be trained and certified as an auditor and practitioner in the specialized area of Risk Management under the auspices of United States of America Customs and Border Protection (Customs Trade Partnership Against Terrorism- CTPAT Standards); and; Transported Asset Protection Association (TAPA Standards), Asia. He is also a Human Resources Development Trainer certified by the Human Resources Ministry.

 

He is currently the Managing Director & partner of Paradigm Group of Companies (Paradigm Resources; Paradigm Training & Consultancy PLT), specialized in providing risk management / assessment services for internal / external associates; Consultation on Supply Chain Security Risk; Brand Standards / Management / Protection; Contract Management; Outsourcing & Subcontracting; and; Human Resources training and development programmes on various specialized topics, predominantly, Risk Management related subject matters, either on a one off or Project basis.

 

In view of this, he is now working in collaboration with the Malaysian Anti-Corruption Commission and the Malaysian Institute of Integrity on Community Development and Awareness programmes in relation to Anti Bribery and Corruption initiatives in Malaysia.

 

In his capacity as a trainer, he actively conducts trainings on the following topics:

  • Responsible Business Alliance (Formerly known as EICC)
  • RBA Internal Audit Methodology
  • Labour Laws – The Risk Management Perspective
  • Prosecution & Domestic Inquiry – Approach & Method
  • Enterprise Risk Management – Approach & Methodology (ISO 31000; ISO 9001:2015)
  • Crisis Management & Business Continuity– Synergy Workshop
  • Business Continuity Management – ISO 22301
  • Corporate Governance
  • Business Ethics and Compliance - A Risk Management Perspective
  • Human Resource Management – A Risk Management Perspective
  • Fraud Management – A Risk Management Perspective
  • Anti – Bribery & Corruption – Implementation, Compliance and Enforcement (MACC Act 2009); Anti Bribery Management System (ABMS) – ISO 37001:2016 – Awareness and Implementation
  • Anti – Bribery & Corruption – Section 17A Corporate Liability Perspective
  • Adequate Procedures & Corporate Liability – Implementation Programme
  • Whistle blower Protection Act 2010 – Awareness & Implementation
  • Fraud Management & Due Diligence Framework – A Risk Management Perspective
  • Investigation Skills & Techniques – A Risk Management Perspective
  • Loss Prevention Programme – Approach, Design & Execution Method
  • Contract Risk Management
  • SA8000 – Standards and Compliance Methodology

 

With his background of a law degree, he is able to invoke legal implications in his programmes to make it more comprehensive and value-added substance. In addition, his fluency in English and Bahasa Malaysia enables him to conduct training programmes effectively in both languages.

 

Prior to his involvement in this field, the facilitator has wide working experience throughout his 15 years of working career in the specialized area of Risk Management, Security Management and Investigations (HR, Security (Operational and Information Security) and Safety, Corporate Governance and Ethics). Being a Head of Department in each of these portfolios, he has acquired substantial job-related knowledge and experience in sectors comprising of Manufacturing, Telecommunications, Hospitality Management (Brand Standard & Management) and Contract Manufacturing (Brand Protection and Management). He is also a trained Workplace Counsellor and by virtue of his portfolio of having to deal with people of different job hierarchy, he has very profound people management skills, negotiation skills and effective interaction skills.

Venue Details

Virtual Classroom Training

Contact us

Juliany,
M - 012 2281 247
juliany@ipa.com.my

Michelle,
M - 019 363 7822
michelle@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
M - 012 201 1247
yvonne@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
A. PRE-CONTRACTUAL PHASE
  • Compliance Platform
  • Types and Management of Risk
  • Negotiation Phase

B. CONTRACT DESIGN AND MANAGEMENT PHASE

  • Minimizing and Transferring Risk
  • The terms of the contract
  • Limitation and Exclusion of Damages
  • Risk Related Contractual Terms & Conditions
  • Dealing with Financial Risks

C. CONTRACT CESATION PHASE

  • Termination, Force Majeure
  • Boilerplate Clauses
  • Remedies for Breach or Non-Compliance
COURSE OBJECTIVE

The key functions of contracting are to ensure that risks to owners and contractor are identified and managed in a way that both parties are satisfied with the project outcome. While a contract cannot, of itself, make risk “disappear”, it can, and should, identify the risks, determine who is responsible for managing each individual risk, and for the consequences should the risk occur.

The following are the focus of this course:

  • Understandings Of The Risk Mitigation Process
  • Knowledge To Move Contracts From The Tactical To A More Important Strategic Focus
  • Ability To Identify Risks That Can Arise
  • Skills In Allocating Contract And Procurement Risk
  • Examples Of Contract Terms And Conditions Which Allocate Risk
AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Understanding of how risk arises.
  2. Comparing different methods of identifying and assessing risk.
  3. Reviewing the impacts of different approaches to risk allocation.
  4. Exploring different Contract types to transfer risks.
  5. Considering the contractual techniques to ensure effective risk allocation.
  6. Reviewing risk management techniques during the life of a contract.
  7. Developing risk identification and assessment skills.
  8. Increasing your understanding of the alternative methods of allocating risk.
  9. Improving your understanding of different approaches to managing risk during a contract.
  10. Improving the ability to reduce the negative impact of poorly- managed risk on a project or a company
WHO SHOULD ATTEND
  • Procurement Managers & Executives
  • Contract & Client Managers & Executives
  • Project Managers/Leaders
  • Technical Team
  • Quality Assurance Managers/Executives
  • GLC And Government Contract Officers
  • In House Legal Advisors/Managers/Executives
  • Finance & Admin Officers
  • Entrepreneurs, Etc.
METHODOLOGY
  • Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidences at respective work locations.
  • Mind Mapping and Recap Sessions
  • Case Studies on various reported Cases
  • Group Activity and Presentation
COURSE CONTENT
 

A. PRE-CONTRACTUAL PHASE

9:00

Compliance Platform

  • Legal
    - Contracts Act 1950
    - Sales of Goods Act 1957
    - Personal Data Protection Act 2010
    - Malaysian Anti-Corruption Commission Act 2009
    - Competition Act 2010
  • Standard
  • Best Practise


10.45

Types and Management of Risk

  • The Need for Contractual Relationships
    - Scope of Wok Analysis
    - Defining qualifications need to complete task
    - Formation of Selection Criteria
  • Defining Risk
  • Categories of Risk for Both Sides of a Contract
  • Risk Assessment Process
  • Managing Risk
  • Qualifying Suppliers
  • Defining Internal Control
  • Proportionality of Control
12.00

Negotiation Phase

  • Non-Disclosure Agreement
    - Agreement between parties
    - Covenant Period
  • The 5 Stages of Negotiation: -
    - Preparation and planning.
    - Definition of ground rules.
    - Clarification and justification.
    - Bargaining and problem solving.
    - Closure and implementation.
  • Obligation of parties to be ironed out
  • Do’s and Don’ts within the ambits of the law to be disclosed during this process
  • Business Continuity Planning Analysis between parties
  • Documentation of the negotiation meeting.
  • Ensuring no non-competitive conduct is agreed upon between parties
1:00 Lunch
 

B. CONTRACT DESIGN AND MANAGEMENT PHASE

2:00

Minimizing and Transferring Risk

  • Transferring Risk through Contract Types
  • Firm Fixed Price or Lump Sum Contracts
  • Cost Reimbursable Contracts
  • Incentive Contracts
  • Award-Fee Pricing Arrangements
  • Indemnities
  • Insurance
  • Supplier Management
    - KPI
    - Performance Review
    - Compliance Inspection (Supplier Audit)
  • Consequence Management
    - Disciplinary Process
3.45

The terms of the contract

  • Express Terms
  • Oral Statements
  • Written Terms
  • Parol Evidence Rule
  • Implied Terms
    - By law
    - By custom and usage
    - By Statute – Sale of Goods Act, Unfair Contract Terms Act
5:00 End of Day 1
DAY 2
9:00

Limitation and Exclusion of Damages

  • Indirect and consequential loss
  • Loss of profit
  • Excluding and limiting claims
  • Caps on liability
  • Positioning of clause
  • The special test for exclusion clauses
  • Checklist for Limitation and Exclusion clauses


10.45

Risk Related Contractual Terms & Conditions

  • External Events
  • Force Majeure
  • Strikes and Other Labour Disputes
  • Risk and Title
  • Use of ICC Incoterms
  • Assignment and Novation
  • Other Clauses that Need to Flow Down to Sub-contractors
  • Risks Associated with Sub-Contractors
  • Non-Competitive Clauses and Non-Competitive conduct
12.00

Dealing with Financial Risks

  • Controlling Risk Associated with Payments
  • Currency Risk
  • Economic Risk
  • Fraud and Corruption
  • Limiting or Excluding Liability
  • Distinctions between Liability in Contract, and the General Law
  • “Gross Negligence”
  • A Review of Some Sample Clauses from Standard Contracts, and other Real Documents
1:00 Lunch
 

C. CONTRACT CESATION PHASE

2:00

Termination, Force Majeure

  • Triggers
  • Process
  • Consequences
  • Effect on other rights
  • Breach of contract
  • Force Majeure
  • Drafting a termination clause – checklist
  • Drafting a Force Majeure clause – checklist
 

Boilerplate Clauses

  • Why you should not “cut and paste”
  • Agency/Partnership
  • Assignment and sub- contracting
  • Conflicts of language
  • Entire agreement
  • Insolvency and bankruptcy
  • Communication notices
  • Set off
  • Severance clause
  • Time of the essence
  • Waiver
3:45

Remedies for Breach or Non- Compliance

  • Mistakes and Misrepresentations
  • Impracticability of Performance
  • Remedies Generally
  • Types of Remedies
  • Liquated Damages
  • Warranties
5:00 End of Course