Understanding Legalities in Project Management for Non-Legal Professionals

Marketing Institute of Singapore - Executive Development

Course introduction

We simply cannot ignore the legalities in our daily management of any projects.  Rules and regulations must be complied with in every project management.  Ignorance of the law is no defence, nor a privilege; it is a misfortune.  Knowing the legalities will help you to work effectively within the legal framework.  This course focuses on the legal environment affecting Project Management, especially with many disputes arising from contractual issues.  Hence it is important to learn how contract law governs our working relationship. Practical examples with case scenarios and the sharing of best practices will be given to enhance learning. You do not need to have legal knowledge to attend this interactive course.

Course Outline

Investment & Governance in Contract Management

  • Business ethics
  • Golden rule in Governance
  • Conduct of individual
  • Commercial awareness
  • Case-study: The unfair advantage
  • General awareness of knowledge job
  • Forms of contract & contract law
  • Intellectual property rights issues
  • Pentagon objective: capturing key commercial business objectives
  • Risk management – identification, assessment, reviews and mitigation
  • Efficient administration techniques
  • Monitoring & reporting
  • Meetings
  • Ongoing risk assessment
  • Project Manager’s Checklists
  • Registers
  1. contract amendment register
  2. subcontracts
  3. confidentiality agreements
  4. licenses
  5. bonds / guarantees
  • Documentation and record keeping
  • Managing variation procedures
  • The doctrine of variation and the 4 exceptions
Negotiation Strategies & Dispute Resolution
  • Harvard Negotiation Project
  • PIOC techniques to getting “Yes” to terms and conditions
  • Breakthrough strategies in handling difficult negotiations
  • Recognising tactics and dirty tricks
  • Non-verbal communication
Essentials in Contract Law Management
  • Identifying fundamental terms & conditions
  • Consequences of breach of contract terms
  • Implied terms and express terms
  • Conflict management arising over contractual issues
  • 4 ways to terminate contract
  • Frustration
  • Novation
  • Breach of contract
  • Remedies available – damages, specific performance, injunction
  • Damages must not be too remote
  • Mitigation of damages
Contractual Interpretation Rules
  • Golden rule in reading contract clauses
  • Literal rule
  • Contextual rule
  • Technical or jargon meaning
  • Contra proferentum rule
  • Ejusdum generis rule
Termination Issues
  • Force majeure events
  • Defence to liability for breach of contract
  • Liquidated damages and doctrine of penalty
  • Termination events
  • Termination consequences
  • Indemnity
  • Insurance
  • Exclusion or limitation clause
  • Obligations covered by “Survival clause” which includes:
  1. Confidentiality
  2. Effect of Termination
  3. Provision for potential disputes e.g. ADR
  4. Mediation and arbitration
  5. Mini-trials

Available Course Sessions

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Trainer Profile

Prof Catherine Tay Swee Kian

Prof Catherine Tay Swee Kian is an Associate Professorial Fellow lecturing law at the National University of Singapore, Department of Strategy and Policy (NUS Business School). She is also an Advocate and Solicitor of the Supreme Court of Singapore and an author of several law books. She is Associate Director of Bernard & Rada Law Corp.

Prof Tay studied law at Queen Mary College, University of London and graduated with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws. She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.

She 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 papers at many conferences and seminars on Business Law, Medical Law, Company and Insolvency Laws both overseas and in Singapore. Prof Tay is an examiner on law subjects for a number of professional bodies in Singapore and overseas. She conducts in-house seminars for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations.