Course Catalogues / Courses / Description

Price: 3950 £

• Select an appropriate procurement strategy delivering value while addressing risks and capabilities

• Examine the contractual framework to establish rights and obligations of both parties

• Learn necessary components of industry specific tender documents

• Master the difficulties with designing and applying supplier selection criteria

• Avoid key contractual pitfalls surrounding tendering

• Revise and improve contract administration processes

• Identify performance and contractual issues and develop methods to avoid future delays and disruptions

• Dispute management and avoidance strategies and tactics

• The suppliers’ performance must be monitored and managed by reference to relevant performance indicators.

• The “Contract Superintendent”, or “Engineer to the Contract” needs to have a practical knowledge of the common contractual issues which recur in construction.

• Ensuring that there is an audit trail through the contracting processes, that the relevant documents are accessible, and that useful data and lessons are captured, is important but often overlooked

Strategies to recognise potential for disputes, and their avoidance, provide great benefits. The merits of the options for resolving disputes, ranging from better communication to litigation, need to be understood before optimum decisions can be made. The advantages arising from applying effective negotiation skills are significant and will be illustrated throughout this course.

The two day course is practically orientated, with interactive workshops and exercises covering most aspects of the material presented, providing an effective learning opportunity.

Who Should Attend

Personnel concerned with definite and implementing best practice building and construction through procurement or delivery of professional design and construction services across ALL industries in both the private and public sectors.

Course Details

Course Registration:          8:15am
Course Commencement:    8:30am
Course Conclusion:            5:00pm

Break Times:
Customised to suit participant requirements

Explanation of Timings:
These times act as a guide and may modify slightly depending on the depth of interactive class discussion and whether assessments are being conducted

Course Program:
This program is a guide and may alter to better address participant requirements on a consensus basis

A. Procurement & Contracts in the Construction Industry Procurement defined Elements in the procurement process Assessing the organisation’s contract management capability Relevant personal competencies Construction procurement issues – a world wide perspective Procurement packages in a construction project, including > Project management > Professional design services > Supplier contracts > Installation contracts > Engineer, Procure, Construct > Operations and maintenance Selecting the appropriate project procurement and contract strategies Workshop: Review of procurement issues among the participants – identifying the common problems, and their severity   Workshop: Personal Assessment of contract management competencies B. Principles of Contract Law Basis of contract law in the commonwealth legal system The relationship with Law of Torts Fundamentals of contract law relating to construction > Basic contract types in construction > Termination of contractual obligations > Explicit and implied terms > Waiver and Estoppel > The effect of breach of contract > Limitations of liabilities Key legal issues relating to construction contract tendering Workshop: Review of contractual scenarios   C. The Professional Services Contract Scope of professional services involved Roles and responsibilities of the Professional Services Consultant in the construction process Specifying services to be provided Defining the Terms of Engagement Liability of the Professional Services Consultant Some contractual issues Applying Quality and Risk Management best practices D. Construction Contracts Roles and responsibilities of the construction contractor Features of construction contracts The basic types of contracts Defining the outputs Alternate contract delivery strategies Issues relating to subcontractors and nominated subcontractors Conditions of contract Key responsibilities of the parties How and when construction contracts may be terminated Examining risk, ownership and intent Workshop: Review of delivery issues relating to both professional services and construction contracts – identifying common problems, and possible solutions

E. The Tendering Processes Objectives of a tender process Elements of a tender process Selection of Tenderers Tender documentation Devising the appropriate evaluation criteria Effective tender evaluation Execution of the contract Workshop: Review of a number of tendering scenarios relative to current legal principles   F. Contract Administration – Day to Day Management Execution of bonds Insurances Appointments Site possession Completion Defects Liabilities Guarantees Management plans Meetings Payment claims and certification of payment Retentions and records Workshop: Review of administrative issues involved with both professional services and construction contracts identifying common problems, and possible solutions G. Performance Management Objectives of performance management Progress Earned Value Analysis Design Conformance & Quality Health & safety Environmental Risk management Workshop: Applying Earned Value Analysis Workshop: Review of performance management issues relating to construction contracts – identifying common problems, and possible solutions H. Managing Contractual Issues & Disputes Penalties and bonuses Liquidated damages Time for performance and extensions of time Remedies for Breach of Contract Context for disputes Causes of disputes Avoidance and resolution of disputes – merits and options, including communication, partnering, mediation, adjudication, arbitration, litigation Workshop: Review of a number of contractual scenarios relative to current legal principles I. Contract Close-out Objectives of contract close-outs Elements of the close-out process including deliverable verification, documentation, warranties, financial reconciliation, performance reports and data capture Guidelines Workshop: Close Out of the Course – Lessons learned and potential application.

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