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Executive Education
Clariden Leadership Institute
Drafting Key Contracts and Reviewing Critical Terms and Conditions for Non-Lawyers (Wellington)
Nikki McGill
Integra Law Limited
Nikki McGill, Integra Law Limited
  • Reputable commercial lawyer with more than 25 years of experience, specializing in business law, contract negotiation and drafting
  • More than 10 years of teaching and training experience at Victoria University of Wellington, Grow Wellington, Business Porirua, Enterprise Coast and PMMS
  • Consulted for a number of business groups such as BNI, Venus, Davis & Co Chartered Accountants Limited, JRE Business Solutions Limited, Institute of Directors and Chamber of Commerce, Bank of New Zealand Limited and local government authorities

Nikki is a reputable commercial lawyer with over twenty-five years’ experience practising and teaching business law. Over the years, Nikki has consulted for a number of business groups such as BNI, Venus, Davis & Co Chartered Accountants Limited, JRE Business Solutions Limited, Institute of Directors and Chamber of Commerce. During her time at Buddle Findlay, she acted for clients such as Bank of New Zealand Limited and local government authorities.

 

Nikki specializes in business law, contract negotiation and drafting, and business re-structuring. Her business focus includes asset protection at a personal as well as business level, including trusts, wills, property sharing agreements and enduring powers of attorney. She has advised clients from a broad range of industries, including building, architectural design, construction, engineering, mechanical services, telecommunications, health, beauty, catering, framing and art supplies, media design, model building, IT companies and HR.
 
 
Nikki also has extensive experience in lecturing and training. For more than 10 years, she taught and supervised commercial law at Victoria University of Wellington in undergraduate, postgraduate and MBA courses, and has also run many training workshops, seminars and courses for small to medium businesses through Grow Wellington, Business Porirua, Enterprise Coast, and with PMMS (now ArcBlue). Courses run by Nikki include contract law, governance, consumer law, business structuring and negotiation.

Program Summary

According to a 2015 research done by the International Association for Contract and Commercial Management, the top three most negotiated contract terms are limitations of liability, indemnification, and pricing. However, many non-legal professionals lack the skills to draft these clauses accurately and concisely, therefore opening their firm to great legal risks.

 

 

This 2-day executive program is designed to provide a comprehensive overview of  contract preparation cycle and a platform to hone you into a more effective negotiator. Combining theory with practice, you will learn the important elements of a contract and will be able to determine the specific conditions applicable to your contract and your negotiating position. Our faculty director will share real life practices to show you how to interpret a contract that you may not have designed to successfully negotiate the terms and conditions to match your business outcomes. You will also learn how to modify and create clauses that are clear to prepare your contracts more effectively. Lastly, you will learn how to enhance your negotiating position vis- à -vis your contractual partner by adopting tactics specially formulated to unnerve you when negotiating terms, conditions, extensions and performance outcomes.

 

Designed for non-legal professionals dealing with the preparation and negotiation of contracts, this program will discuss case studies drawn from actual legal cases to maximize your learning experience. Led by Ms. Nikki McGill, an experienced lawyer and law school lecturer with more than 25 years of experience, she will impart techniques to build and manage your organization’s bargaining power. Even without prior legal knowledge, you will leave this course with the confidence and expertise to deal with contractual situations effectively. 



Programs, dates and locations are subject to change. In accordance with Clariden Global policy, we do not discriminate against any person on the basis of race, color, sex, religion, age, national or disability in admission to our programs.

Introduction

Contracting requires a highly skilled and professional approach as it is becoming increasingly complex and demanding.  Today, contracts affect all industries and every type of commercial agreement from employment, bankruptcy, and intellectual property rights to the purchase and sale of securities. Therefore, it is important for parties involved in contracting to have a good grasp of the essential principles on how contracts are formed and negotiated so that companies can meet their business objectives. To achieve this, the terms and conditions stated in the contract must match business outcomes and a robust and well-designed contractual process must be put in place. 

 

This 2-day executive program is designed to provide a comprehensive overview of contract preparation cycle and a platform to hone you into a more effective negotiator. Combining theory with practice, you will learn the important elements of a contract and will be able to determine the specific conditions applicable to your contract and your negotiating position. Our faculty director will share real life practices to show you how to interpret a contract that you may not have designed to successfully negotiate the terms and conditions to match your business outcomes. You will also learn how to modify and create clauses that are clear to prepare your contracts more effectively. Lastly, you will learn how to enhance your negotiating position vis- à -vis your contractual partner by adopting tactics specially formulated to unnerve you when negotiating terms, conditions, extensions and performance outcomes.

 

Designed for non-legal professionals dealing with the preparation and negotiation of contracts, this program will discuss case studies drawn from actual legal cases to maximize your learning experience. Led by Ms. Nikki McGill, an experienced lawyer and law school lecturer with more than 25 years of experience, she will impart techniques to build and manage your organization’s bargaining power. Even without prior legal knowledge, you will leave this course with the confidence and expertise to deal with contractual situations effectively. 

What You Can Expect

This intensive two-day executive program, is a platform to hone you into a more effective negotiator. The skills that you will be able to pick up are:
  • Understand the fundamentals of contract formation and the important elements of a contract
  • In-depth analysis of issues behind major contract clauses 
  • Master practical drafting techniques to write concise and effective agreements
  • Develop tactics and skills to build and manage your bargaining power
  • Understand and develop your personal negotiating style and skills
  • Learn how to effectively manage contracts and negotiate terms and conditions that match your business outcomes
  • Increase your understanding of how and why disputes arises 
  • Explain how to differentiate mechanisms to resolve disputes
  • Manage contracts and contracts from pre-contract through to the post-contract stage in accordance to best practices

Who Will Benefit Most

This executive program is designed for all executives involved/engaged in preparing, drafting and negotiating contract terms and conditions or evaluating contracts. This would include Contract Managers/Advisors/Officers, Commercial Managers/Executives, Sales and Marketing Managers, Claims Managers, Project Managers, Buyers, Business Development Managers, Procurement and Supply Chain Managers, Operations Personnel and In-House Legal Counsels

Program Outline

08:30 – 18:00 / 3 December 2018

DAY 1

 

Principles of Contract Formation

  • What is a Contract and why is it necessary?
  • Elements of a valid contract

Drafting Effective Contracts

  • Completeness
  • Ensuring consistency and accuracy
  • Minimizing vagueness and ambiguity
  • Rules of construction and interpretation
  • Style of drafting
  • The costs of poorly drafted contracts

Dissecting a Contractual Document

  • How do the Component Parts of a Contract work?
  • Basic Structure of Business Agreements
  • Terms or conditions
  • Express and implied terms
  • General versus specific terms
  • Broad v narrowly drafted clauses
  • Flexible v prescriptive
  • Statutory overlay
  • Case study/task one

Essential Clauses

  • Purpose of contract
  • Indemnity, Limitations of Liability
  • Entire Agreement Clause
  • Severability Clause
  • Termination – anticipate the end at the start
  • Notice
  • Dispute resolution
  • Governing law, jurisdiction
  • Other clauses to consider

            - Conditions
            - Intellectual property
            - Confidentiality
            - Data collection
            - Time of the essence
            - Insurance
            - Damages/penalty clauses
            - Counterparts

WORKSHOP ONE

  • Structuring a Basic Contract

 

08:30 – 18:00 / 4 December 2018

DAY 2

 

Breach or termination of contract

• Termination of contract

            - Expiry and discharge of contract

            - Other forms of termination

            - Cancellation

            - Breach or repudiation

  • What is a breach of contract?
  • Types of breach

            - Repudiatory breach

            - Anticipatory breach

  • Remedies for breach
  • Vitiating factors

            - Mistake

  • Dispute Resolution

            - Mediation

            - Arbitration

            - Adjudication

Specific Contracts & Issues

  • Pre-contractual Documents

            - Letters of Intent, Memorandum of Understanding, Requests for Proposals and Tenders

            - Heads of Agreement

            - Implied Contracts

            - Electronic Contracts

            - Quotations, Purchase Orders, Invoices, Delivery Orders

            - Non-disclosure Agreements (NDAs)

            - Service Agreements

            - Specific types of agreements

Reviewing Your Contracts

  • Contract Review Process
  • Checklist for

            - Essential clauses

            - Enforceability

            - Consistency

            - Ambiguity

            - Flexibility

            - Construction and interpretation

  • Practical Tips
  • Question & Answer Session

 

WORKSHOP TWO

  • Drafting a negotiated contract

CFOs Leadership :
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Venue: InterContinental Wellington
Date: 6 - 7 December 2018
Faculty: Nikki McGill
Early Bird 1: NZ$1,895 (by 8 October 2018)
Early Bird 2: NZ$2,095 (by 5 November 2018)
Regular Fee: NZ$2,195
Group Discount: 2nd participant get 10%, or register 3 participants and 4th participant get a complimentary seat
(1 discount scheme applies)
Contact: rosanna.smith@claridenglobal.org
 
 
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