|L011||September 24, 2023 - September 28, 2023||Dubai – UAE||USD 5100||
|L011||December 10, 2023 - December 14, 2023||Istanbul||USD 5100||
|L011||March 24, 2024 - March 28, 2024||Online||USD 1900||
- 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
- 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 engineering
- 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
- 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 .
10% in case of Three P. (or more)