In this practical 1-day course (or 4 x 2-hour sessions), you will evaluate the legal and process issues relating to the formation of contracts and the legal implications of contractual non-conformance, and assess the impacts of breach of contract and the remedies available. Choose the short course on its own, or add the optional CIPS L5M3 exam to earn 6 credits towards the CIPS Level 5 Advanced Diploma in Procurement and Supply.
Description
Is a supplier not delivering what the contract promised, and you are unsure what your options are?
In this practical 1-day course (or 4 x 2-hour sessions), you will evaluate the legal and process issues relating to the formation of contracts and the legal implications of contractual non-conformance, and assess the impacts of breach of contract and the remedies available.
As organisations outsource activity, it is vital that they ensure the associated contracts deliver the expected services and products. If you manage the procurement and supply function, you must identify, monitor and manage contractual risk. You will examine the nature of contract risk, the legal implications relating to contract formation and non-conformance, and the impact and management of breach of contract.
Delivered by AcademyGlobal faculty who are experienced procurement practitioners and hold MCIPS or FCIPS qualifications, the course combines practical activities, group discussion and locally relevant examples drawn from the Australian and New Zealand procurement environment.
AcademyGlobal is Australia and New Zealand's first and only CIPS Centre of Excellence, recognising the quality of our CIPS teaching, learner support and study centre delivery.
Choose your learning pathway
Two pathways, depending on your goals.
Option 1: Short course
Build practical skills you can apply immediately in the workplace. Complete the course and receive an AcademyGlobal Certificate of Course Completion recognising your professional development. There is no requirement to become a CIPS member or sit an examination.
Option 2: Short course + CIPS exam
Build your skills and progress towards the CIPS Level 5 Advanced Diploma in Procurement and Supply. Complete the course and register for the official CIPS L5M3 exam. Pass the exam to earn 6 credits towards the CIPS Level 5 Advanced Diploma in Procurement and Supply.
Eligibility: you need the CIPS Level 4 Diploma first.
What the course covers
• Contract risks associated with offers, counter offers, acceptance and precedence of documents
• Contract amendments, variations and changes
• Indemnities, liabilities, insurance, guarantees and force majeure
• Types of breach, from minor to fundamental and anticipatory breach
• Managing breach through negotiation, litigation and alternative dispute resolution
• Liquidated damages, service credits and managing reputational damage
• Remedies for contract non-performance, including default clauses and serving notice
• Terminating a supplier relationship, termination notices and assessment of damages
What you will be able to do
By the end of the day, you will be able to:
• Analyse the issues relating to the formation of contracts and the associated risks
• Analyse types and impact of contract breach
• Compare and contrast the methods to manage breach of contract
• Explain options to mitigate the consequences of a breach of contract
• Contrast remedies that apply to the non-performance of contracts in procurement and supply
• Analyse the legal consequences of terminating a supplier relationship for non-performance
Course format
• Duration: 1 day or 4 x 2-hour sessions
• Delivery: in person or virtual, with practical activities and group discussion
• CIPS module: L5M3 Managing Contractual Risk (https://www.cips.org/qualifications/advanced-diploma-in-procurement-supply/managing-contractual-risk)
Fees
• Standalone short course: $475 incl. GST per participant
• CIPS pathway: $695 incl. GST (includes one year CIPS student membership)
• The CIPS exam fee is set by CIPS and paid separately (https://www.cips.org/membership/exam-member-fees)
Assessment
Option 1: Short course. This option is for participants who wish to complete the training without undertaking a CIPS exam or other formal assessment. On completion of the course, you will receive an AcademyGlobal Certificate of Course Completion, confirming your participation in and completion of the training. This option does not include assessment, a CIPS examination or credits towards a CIPS qualification.
Option 2: Short course and CIPS exam. After completing the course, you can sit the CIPS L5M3 Objective Response (OR) exam during one of CIPS’ scheduled exam periods throughout the year (see the CIPS exam schedule: https://www.cips.org/students/exam-success/exam-schedules). A pass gives you 6 credits towards the CIPS Level 5 Advanced Diploma in Procurement and Supply. To sit the exam, you must first have achieved the CIPS Level 4 Diploma in Procurement and Supply, which is the CIPS entry requirement for Level 5. This applies only if you choose to sit the exam. You do not need it to attend this course.
The exam is a computer-based Objective Response examination. Rather than writing extended or essay-style answers, you are presented with questions and select the correct response from a range of possible answers. The pass mark for Objective Response examinations is 70%.
Objective Response exams are held during designated CIPS examination periods. CIPS currently schedules exam periods five times each year, in March, May, July, September and November.
All CIPS examinations are computer based, and you can sit the exam through remote invigilation. This means you can undertake the examination from a suitable location such as your home or office, provided you meet CIPS’ technical and examination-environment requirements.
For a remotely invigilated exam, you will need an appropriate desktop or laptop computer, stable internet connection, webcam and suitable private examination environment. The examination itself is completed through CIPS’ computer-based TestReach platform while an approved remote invigilator supervises the examination. CIPS provides candidates with instructions and technical requirements ahead of the exam.
The exam fee is set by CIPS and paid separately (see the CIPS exam fees: https://www.cips.org/membership/exam-member-fees), and AcademyGlobal will take care of your exam registration and support you with the associated administration.
You must hold current CIPS membership to sit the examination. If you are not already a CIPS member, the CIPS exam pathway fee includes one year of CIPS student membership.
Exam format (objective response): you select a response from a list of possible answers. The exam is 1.5 hours long.
