Contract Law for Engineers and Contracting Professionals

3 Day Training

Dates: Available on Request
Locations: Grayston Ridge Office Park, Sandton
Platform: Available In-Class / Online

Price: Available on request

Claim 3 CPD Points

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 Contract Law for Engineers and Contracting Professionals 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

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