Contract Risk and High-Risk Clauses

Details

A practical program that treats contract risk as a controllable workflow, not a last-minute legal check. Participants learn a lightweight control framework, a red-flag clause map, screening and redlining tactics, and a handover rhythm with Legal. Templates and case labs translate real clauses into clear risk notes, fallback positions, and approval-ready memos—improving speed and reducing surprises.

Target Group

Target Group

• Sales and commercial managers handling proposals and contracts
• Contract administrators and bid/tender specialists
• Project managers, account managers, and service delivery leads
• Procurement/category managers and supplier relationship owners
• Finance controllers and risk/compliance partners supporting deals
  

Goals

• Recognize high-risk clauses and hidden exposure in drafts, redlines, and vendor/customer templates
• Apply an early-screening workflow with risk scoring, escalation triggers, and clean audit trails
• Draft concise issue lists with proposed fallbacks to accelerate Legal review and negotiation
• Align commercial scope, pricing, and delivery conditions with enforceable terms and acceptance criteria
• Set post-signature controls for notices, changes, renewals, and compliance obligations
  

Target Competencies

Target Competencies

• Early detection of high-risk clauses and hidden obligations
• Contract control workflow, risk scoring, and escalation discipline
• Redlining, fallback development, and issue-list drafting
• Alignment of commercial scope, price, and acceptance with enforceable terms
• Post-signature obligations tracking and change/renewal control
• Cross-functional coordination between Sales, Commercial, and Legal
  

Outlines

Contract Control & Early-Risk Framework

• Mandate, roles, and handshakes between Sales, Commercial, and Legal (RACI and approval paths)
• Intake hygiene: version control, SoW alignment, assumptions, and attachment checklist
• Risk taxonomy and scorecard linking severity/likelihood to business impact
• Pre-legal thresholds: when to self-resolve, when to escalate, and what evidence to include
• Clause library and playbook governance to keep guidance current and consistent

Red-Flag Clauses: Commercial & Liability Exposure

• Indemnity and hold-harmless asymmetry, defense/control of claims, carve-outs
• Limitation of liability caps, exclusions, super-caps for data/IP, and aggregate vs. per-claim
• Warranties, performance guarantees, service levels, and liquidated damages vs. penalties
• Pricing, payment, set-off, price-adjustment, acceptance/inspection, and Incoterms/delivery risk
• Term, termination for convenience/cause, auto-renewal, MFN/exclusivity, and assignment/novation