Construction Contract Administration From Start to Completion – Certified Program
Construction Contract Administration From Start to Completion – Certified Program
Course Code:
EM08
Course Objective
Understand how contracts work, and why they sometimes cause problems
Address some specific clauses and provisions that are a common source of problems
Develop thinking around more collaborative approaches to working on engineering and construction contracts
Recognise the dangers that such approaches bring, and how to minimise problems
Look at engineering and construction contracting in an international context
Understand how to resolve disputes quickly and efficiently
Target Audience
Business Managers
Commercial Staff
Project Managers
Project Engineers
Procurement Staff
Legal Staff
All involved in disputes and their resolution
All staff involved in selecting contracting strategies
Staff new to engineering or construction contracting
Experienced staff looking for a refresher, together with new ideas
Staff from client / developer and contractor / subcontractor backgrounds
Course Outline
DAY 1: The Fundamentals of Engineering and Construction Contracts
Why Contracts are necessary?
How Contracts are formed?
Particular issues with Engineering and Construction Contracts
Use of Standard Forms
FIDIC
NEC
LOGIC
Differences in Bargaining Positions
Problems with Competitive Tendering
Problems with Different Industries – including between engineering and construction
Different Regions / Countries
Issues with Different Legal Systems
DAY 2: Some Major Problem Clauses in Engineering and Construction Contracts
Design Responsibility
Requiring Contractors to Warrant the Design of others
Standard of Work
Fitness for Purpose
International / National / Company Standards
Standards for Professional Services
Variations
Time
Money
Force Majeure
Intellectual Property
Limits of Liability
Indemnities
Insurance
Some Minor Problems
Notices
Entire Agreement
Incorporation by Reference
DAY 3: Traditional Approaches to Engineering and Construction Contracts
Lump Sum / Fixed Price
Bill of Quantities / Schedule of Rates
Adding Incentive Fees
Escalation
Dealing with General Price Inflation
Economic Price Adjustment
Problems with volatile materials (or labour) markets
Selecting the right index
Call-off Contracts
DAY 4: Looking Beyond the Traditional Approaches
Risk and Reward Structures
Build Operate Transfer (and similar models)
Open Book Approaches
Collaborative Working
Advantages
Dangers – and how to avoid them
This session will involve delegates in developing their own ideas as to different ways in which engineering and/or construction contracts could be structured, so that commercial drivers are focused on the goals of the parties, not on conflict
DAY 5: Disputes – Avoidance and Resolution
How Disputes Arise
Methods to Avoid Disputes, or Deal with them quickly as they arise