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Contract Law for Engineers and Contracting Professionals

3 Day Training

Dates: 24 – 26 June 2024
Locations: Johannesburg, South Africa
Platform: Available In-Class / Online

Price: Available on request

This is a Non-accredited Course

Course Introduction

This Contract Law for Engineers & Contracting Professionals course will introduce to the participants the practical application contract law and how tomanage contracts effectively and prevent a law suit or having to pay damages for breach of contract.

 

It is inevitable that in the conduct of any kind of business that there is a need to enter into a contractual relationship. There is a need to be vigilant especially during the tendering process and if a contract is ill-administered it may cause the company a massive financial loss This usually occurs when the key personnel involved in the formulation of contract lack prior knowledge or the necessary skills to identify the danger areas and thus unable to manage the contractual obligations effectively.

 

JBCC CONTRACTS

  • Overview and use of the JBCC Principal Building Agreement Edition 5.0 July 2007)

  • Overview of changes brought about by the new JBCC Principal Building Agreement

  • Preparation of the various contract documents (including the Contract Data)

  • Obligations of the Employer

  • Obligations of the Contractor

  • Administration of the JBCC Contract – Time, Variations, Termination and Disputes

  • Role of the Principal Agent

  • Role of the Contractor

  • Instructions & certificates

  • Use of the programme

Claims for an Extension of time and

Cost – grounds, procedures, compilation and assessment thereof

Termination and dispute resolution process applicable to and under the JBCC

 

FIDIC CONTRACTS

Contact Law, choice of law & interpretation of Contacts

  • The FIDIC ‘rainbow’ – overview of the contracts in the FIDIC suite

  • Distinguishing the features of each contract

  • How to select the appropriate contract for your particular project and needs

Preparing the contract documents

  • The structure of FIDIC contracts

  • Contract documents comprising: Red Book, Green Book, Yellow Book, Silver Book, Gold Book

  • Preparation and use of the Appendix to Tender and other essential contract documents

  • Preparation and use of the Particular Conditions of Contract

  • Preparing and use of the Works Specifications / Employer’s Requirements and other essential contractual documents

Role Players in FIDIC contracts

Course Objectives

This high-impact workshop will prepare participants to enhance the skills of administering contract effectively and to provide practical and fool-proof methodology to manage their contracts properly and conscientiously

  • Know where to find the important and relevant information in a written contract

  • Understand the differences and similarities between FIDIC, NEC3, JBCC and GCC 2010 contracts

  • Learn how to resolve contractual issues or problems

  • Understand the basic requirements for contract administration procedures

  • Know how to setup and administer a contract control systems

  • Be able to clarify the roles and responsibilities of the contract administration team

  • Know the negotiation strategies for resolving disputes arising under the contract

  • Know how to administer every aspect of an NEC3,NEC4, FIDIC, JBCC & GCC 2010 contracts, including scope, time, costs, quality, communications, risk, health and safety

  • Know how to consider factors involved when preparing tender documents & assessing tender submissions

  • Fundamentals of contract law, what is the legal agreement?

  • What is within the agreement? What possible defects can occur in the agreement? What kinds of remedies are available in the event of a breach of contract?

Who should attend?

The Contract Law for Engineers & Contracting Professionals courses will benefit project managers, construction managers, quantity surveyors, engineers, housing officials; facilities managers, researchers and academics, environmentalists, public and private sector clients, and other stakeholders in the built environment

Training methodology

Training Methodology

Our diverse instructional approaches ensure effective learning:

– Lectures & Presentations: Engage with expert-driven, stimulating content.
– Course Material: Access well-crafted supporting resources.
– Group Work: Collaborate on discussions and case studies for practical insights.
– Workshops & Role-Play: Participate in immersive, scenario-based activities.
– Practical Application: Focus on applying theoretical knowledge in real situations.
– Post-Training Support: Receive extensive support after training for skill implementation.

Training Outline

Employers Duties, Contractor’s Duties, Design Responsibilities Contract Administration – Time and Change Management, Test and Certificates

  • Time for Completion & Extension of Time ,Liquid Damages & penalties

  • Variations & procedure

  • Use and revision of the program

  • Procedures and grounds for claiming

  • Extension of Time and / or additional payment

  • How to properly prepare and quantify claims

  • Assessment of claims

  • Tests until, on and after Completion

  • Certificates relating to raking over, performance, payments & disputes

  • Delays, disruption and acceleration

Termination & Disputes

  • Terminations, for cause and convenience

  • Discharge, frustration and Force Majeure

  • Claims Management procedures

  • The dispute resolution process under FIDIC contracts

Overview and use of the GCC contracts

  • Overview of changes brought to GCC

  • Preparation of the contract documents & Contract Data

  • Critique of SANS form of agreement used

  • Obligations of the Employer

  • Obligations of the Contractor

  • Obligations of the Engineer

GCC Administration:

  • Time, Change Management, termination and Disputes

  • Role of the Principal Agent

  • Instructions, Variations, Deemed Variations & Supplementary agreements

  • Claims for an Extension of time and Cost – grounds, procedures, compilation and assessment thereof

  • Claims & Claims Administration

  • Termination and dispute resolution process applicable to and under the GCC

NEC CONTRACTS

Introduction to Law of Contract

  • History, Different Types of Law,Law vs Rights

  • NEC as a Form of Contract,

  • Overview of the NEC

  • Offer and Acceptance

  • Contract Strategy and Management

  • Contracts in projects, Contracts and Risk Management Roles and Responsibilities in the NEC

  • NEC Contract Management Processes to be followed

Preparing the tender documents

  • How contract risk is handled in the NEC

  • Pricing and contracting strategies

  • Compiling NEC tender documentsand compiling the contract data

The procurement process

  • The site clarification meeting Criteria for adjudicating and awarding tenders

Administering the NEC contract

  • Obligations of the employer and contractor

  • Responsibilities of the project manager

  • Scope management: managing scope changes and compensation events

  • Time management: submitting and approving the construction programme; managing and updating the programme

  • Cost management: measurement and payment

  • Quality: The Quality control plan and Quality control process

  • Human resources: Managing the site team of contractors and subcontractors

  • Communications: a procedural framework for communications, and using registers for field enquiries (FEQ’s), compensation events (CE’s), instructions (PMI’s) and early warnings (EW’s)

  • Risk: Managing risk through Compensation events and risk contingencies

  • Procurement of subcontractors and free-issue materials

  • Health and safety: legislated requirements in South Africa and managing health and safety with the NEC

Monitoring and controlling scope, time, cost and quality to keep the contract on track

Delays and extension of time

  • Principles of risk, delays and delay claims

  • What are your rights when there are concurrent delays?

  • Practical advice for preparing a delay claim

  • Who owns the float?

  • Dealing with disruption

  • Delays after the completion date

  • Compensation for delays

  • Delay claims procedures with the NEC

Success principles

Requirements for a successful NEC contract

 

Disputes and claims

Handling disputes and claims with the NEC

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