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Objectives

• Upon Completion of the Course, Participants will be able to:
• Understand the legal framework in which contracts operate .
• Know how to create a contract.
• Understand issues in terms of contract drafting.
• Have an awareness of rights and responsibilities in relation to non-performance
• Have an awareness of liability climate in which we currently operate
• Have an awareness of anti-competitive aspects of contracting.
• Have an awareness of issues regarding tendering processes.
• See your role in a commercial context .
• Understand the special features of engineering sector contracts .
• Use standard contract .
• Identify the benefits of time spent at the front end, pre-contract award, on drafting and negotiating a solid contract in order to reduce problems later, during contract management stage .
• Appreciate strict liability for delay and excusable delay and the risk of damages

The Delegates

• Site Supervisors
• senior construction supervisors
• Senior Mechanical Engineers
• Senior Technical professionals
• Risk Mangers
• Project Managers
• Programme Leaders
• Proposal Engineers
• Bid engineers
• For those who are seeking a better understanding of contract management and how it applies to engineeri

Contents

• Introduction to the Legal System in which Contracts Operate :
• An introduction to the legal framework in which contracts operate including :
• Sources of law
• Precedent and case law
• Introduction to contract drafting
• Contract Requirements:
• Requirements in order to create a valid contract including what is necessary to create a contract (and what a contract is not)
• Elements and structure of contract .
• Issues Surrounding Contracts :
• Contractual concepts
• Parties’ rights and obligations in relation to non-performance including liquidated damages
• Pre-contractual promises
• Implied terms
• Estoppels
• Factors affecting whether a contract is enforceable or not.
• Negligence :
• Liability and duty of care
• Non-contractual liability
• Negligence by professionals and how to minimise these risks
• Disclosure in Contracting :
• Disclosure in relation to contracting
• Rights and obligations and including ways to protect your interests.
• Anti-Competitive Aspects of Contracting :
• Dangerous practices in relation to contracting including collusion
• Bid rigging
• Refusing to deal with particular businesses
• Requirements to share infrastructure with competitors.
• Outsourcing :
• Outsourcing – pros and cons
• Different contract types including lump sum, schedule of rates, cost plus, incentive contracting, and alliance contracting.
• Incorporating discussion of current experiences with outsourcing from different engineering organisations (has it worked well or not, how to maximise benefits of outsourcing).
• Types of Contracts:
• Lump sum
• Cost plus
• Incentive based contracting
• Alliance contracting
• Review clauses of actual contracts
• Standard form contracts including AS2124 and AS4000.
• Introduction to FIDIC Conditions of contract :
• What is FIDIC?
• Characteristics of FIDIC Conditions of Contract
• Application Prospect of FIDIC Conditions of Contract
• New development of FIDIC Conditions of contract
• Tendering Processes
• Tendering processes, typical criteria and weightings, typical approaches, managing the process effectively
• Special Contract Clauses
• Specific clauses in contracts e.g. Intellectual Property, latent conditions, key person clauses
• Other Important Aspects
• Project management life cycle
• Decision analysis and risk management
• Calculation of reasonable time to complete
• Ensuring you don’t trade quality for budget
• Documents needed to defend a construction dispute

Course assessment  .

The Discount

10% in case of Three P. (or more)