Understanding, Drafting, and Negotiating Contracts

Overview

The Understanding, Drafting, and Negotiating Contracts seminar follows an integrated approach by focusing on enhancing expertise in drafting contracts and strengthening negotiation skills. To emphasize practical learning, the seminar provides opportunities to engage in various drafting and negotiation exercises, developed by experts in the field. This seminar is designed for both lawyers who will be drafting and negotiating contracts for their clients, as well as for officials who will be negotiating, drafting, and implementing contracts.

Certification

Upon successful completion of the seminar, each participant will be awarded a Certificate of Completion. Successful completion requires that a participant diligently attend all seminar sessions promptly and on time throughout the seminar, read all assignments, and participate in all group discussions and exercises. If a number of sessions are missed without proper reason, the ILI reserves the right to withhold certification.

Format

This seminar is currently offered in-person. Special requests to attend online must be submitted by email as early as possible. Requests will be considered on a case-by-case basis, taking into account the overall experience of each participant and the larger group. In-person seminars, even when being joined online, run from 9:30 am – 4:00 pm Washington, D.C., time.

Course Outline

• Overview of contract law, including purchase orders, requests for proposals, contract formation and contract interpretation; Professional agreements versus construction contracts; Contract pricing and scope; Review of standard language including insurance requirements, indemnification, liquidated damages, third-party rights, suspension and termination
• Discussion of dispute resolution, including arbitration versus litigation, jurisdiction, choice of law, and remedies
• Analysis of approaches to negotiation
• Analysis of positions, interests, options and developing techniques and skills
• Exploration of power and cultural dynamics • Examination of how to deal with difficult negotiators and overcoming impasse.

Course Advisor

Gail Kelley is a professional engineer as well as a practicing attorney. Her practice focuses on drafting and negotiation of construction contracts and design agreements for both public and private projects, with a specific focus on review and negotiation of design agreements and financing documents for insurability concerns. She also participates in the negotiation of settlement agreements. Ms. Kelley has over 30 years of experience in all aspect of design, construction and development. She has a B.S. in Civil Engineering from Cornell University, an M.S. in Construction Management from MIT, and a JD from Washington College of Law. She is the author of “Construction Law: An Introduction for Engineers, Architects and Contractors.”

Dr. Gerhard Botha is a Senior Advisor at the International Law Institute where he was formerly the Director of Programs. Before joining the ILI, he worked for the World Bank as a senior sector specialist in legal and judicial reform and private and financial sector development. Gerhard specialized in labour/employment law and relations, conflict resolution and negotiations, both in private practice and within a large corporate environment in Southern Africa. At the start of his career he served as a Law Officer in the Army; and subsequently as a Public Prosecutor, and then as a State Attorney in the Department of Justice in South Africa. Dr. Botha has over 36 years’ experience in legal and labour relations practice, and in international development. Gerhard holds B.A. and LL.B degrees from the University of Stellenbosch in South Africa, an LL.M in labour law, from the University of South Africa and an LL.M focusing on labour/employment law and alternate dispute resolution, from The George Washington University Law School in Washington, D.C. He also holds a Ph.D. in Conflict Analysis and Resolution from George Mason University.