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2 day Workshop on Construction Contract Management with special focus on Construction Claims

Description

Never Before workshop on Construction Contract Management, grab your chance to deal with all the practical and contractual issues in Construction Contract Management.

Learning outcomes

This program is designed to help you enhance your knowledge of your key duties, responsibilities and potential liabilities in the area of construction contracts. You will have the opportunity to examine a number of critical legal areas that are relevant to your organisation, cases laws will be discussed with the participants for better understanding on the subject.

The two day practical workshop will help delegates enhance their skill on the subject, resulting in a positive impact on the bottom line of the company

  • Learn how to create a formal contract

  • Deal with contractual clauses that minimises contractual risk

  • How to effectively read tender/bid documents/proposals.

  • Understand how to deal with and focus on impacts and risks in Variation Clause

  • Understand in details entitlement to EOT and concept of Time At Large.

  • Understand Delay Claims

  • Understand, identify and learn about risks and costs involved when dealing MOU/LOI and NDA

  • Suggestion on how Claims can be avoided and focus on best practices on contractual correspondence.

  • Understand the pitfalls in drafting Scope of Work (SOW)

  • Understand methods involved in measuring Contractor Performance.

  • How to deal with dispute and dispute resolution clauses in a contract.

  • Dispute Resolution

  • International Best Practices

Who should attend the workshop

General Managers, Managing Directors, In house Counsels, Contract Managers, Project Directors, Projects Heads/Managers, Contract Heads, Contract Directors, Claims Manager, Contracts Special lists, Consultants, Engineers, Planners, Schedulers, Quantity Surveyors, Architects and Sub contracts

Day-1 Construction Contract Management

1. Contract Law Principles- How are Contracts Formed.

When does an Agreement become a Contract?

When does a LOI/MOU (Letter of Intent /Memorandum of Understanding – become a contract

  • Contracts

  • Offer or Proposal

  • Rejection of an offer / Counter offer.

  • Acceptance

  • Consideration

  • Essentials of Valid Contract

  • Free Consent

  • Quasi Contracts

  • Performance of Contract

  • Breach Of Contract / Material Brach of Contract

  • Battle of Forms

2. Commercial Terms and Conditions

Thorough understanding of clauses, which deals allocation of Risks

Taking preventative steps in Mitigating the Risk

  • Indemnity

  • Assignment and Delegation

  • Successors and Assigns

  • Limitation of Liability/Total Liability Cap

  • Third Party Liability

  • Force Majeure

  • Damages, Liquidated Damages/ Penalty

  • Consequential Damages

  • Negligence/Gross Negligence and Wilful misconduct

  • Exclusive Remedy Provisions

  • Governing Law

  • Insurance

  • Subrogation and Waiver of Subrogation.

  • Representations

Warranty

Warranty and Guarantee

3. Identifying risk involved and cost implications in

  • Letter of Intent (LOI)

  • Memorandum of Understanding (MOU) and

  • Non Disclosure Agreement (NDA)

Understand International Best Practices

  • Letter of Intent

  • Memorandum of Understanding

  • Non- Disclosure Agreement

4. Scope of Work/Statement of Work (SOW)

  • Understanding Scope in detail

  • Pitfalls in dealing with Scope

  • Guideline for drafting Effective SOW

  • Managing SOW

  • Case Study

5. Commercial Terms in a Contract

  • Understanding Bid Bonds

  • Advance payment Bonds

  • Difference between Bonds and Guarantees

  • Performance Bond/Security

  • Retention Money/Bond

  • Comfort Letter

  • Letter of Credit

  • Parent Company Guarantee

  • Contract Price

6. Types of Contracts

  • Fixed Price Contract or Lumpsum Contracts

  • Cost Reimbursable Contracts

  • Time and Material Contracts

  • Unit rates

  • Maximum Price

  • NAPNOC

  • Measurable

  • Re-measurable contracts

7. IPR Rights in a Contract

  • IPR Ownership Rights in a Contract

Day 2 –

Dealing with Variations

  • Definition of Variations

  • Variations and SOW

  • Variation Power

  • Limits on Power to direct variations

  • Pricing or valuing variations

  • Formal requirement of Variation Clause

Measuring Contractor Performance

  • Understanding typical methods for measuring contractor Performance

  • Taking preventative steps in reducing claims when dealing with Contractor performance

Learn Contractual Correspondence when dealing with claims

  • Model Words /Sentences- to protect your company’s interest when dealing with Claims

Defects in Construction Contracts

  • Design deficiencies

  • Material deficiencies

  • Specification problems

  • Workmanship deficiencies

  • Latent Defects

  • Patent Defects

  • Liability of Defects under the Contract

  • Defects Notification Period

  • Defect Liability Period

  • Decennial Liability

Key issues in Dealing with Construction Claims

  • Extension of Time (EOT)

  • Programme and Records

  • Time is the essence

  • Time at large

  • BOQ

  • Design Error

  • Termination

  • Disruption

  • Cost for Claims preparation

Claims arising out of Delay

  • What is Delay

  • Causes of Delay

  • Excusable and non-excusable delays

  • Most common example of delay claims

  • Acceleration

  • Concurrent Delay

  • Float

  • What is required for successful delay claim

  • Heads of Damages

  • Recommendations to avoid delay claims

The Most frequent clauses which give rise to Claims

  • Unforeseeable physical conditions

Right of Access to the Site

Delayed Drawings or Instructions.

Adjustment for changes in legislation

Commencement of the Works

Exercise Sheets –

Note: Participants can bring any one of their contracts which went in to litigation or arbitration …. The learning curve is huge when live client contract s are discussed in the workshop.