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Course
Variations are a common occurrence in commercial contracts. There may be a difference as to what is the agreed performance requirement under the original contract. One or both parties may wish to change the original bargain to suit their respective interests.
Variation clauses are included in some contracts to give one party the right to change the originally agreed exchange. Learning Outcome
Understanding the legal and management issues which arise in relation to variations and the renegotiation of contracts
Case Study
GEC Marconi Systems Pty Limited v BHP Information Technology Pty Limited [2003] FCA 50
The Australian Government entered into a fixed price contract with BHP IT for software development and systems integration for the diplomatic communications network. BHP IT entered into a ‘back to back’ contract with GEC Marconi. The contracts required the Government to supply part of the system.
This workshop examines what went wrong with these contractual relationships and why, and what could have been done to prevent its failure. Learning Outcomes
An understanding of relationship management issues
Using negotiation as an alternative to litigation
Who Should Attend
Management and executives who administer commercial contracts. The case study augments and places into context skills developed in the Variations and Renegotiations in Contracts course.
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