An Introduction to Contracts for Engineering and Construction Professionals

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Introduction to Contract Law Training

Programme (Note: the course reflects both English and Scots laws):

Day 1

1. Introduction – legal background
• England & Wales and Scotland are common law jurisdictions
• Sources of law – common law and statute
• Natural justice
• Burden & standard of proof

2. Law of Contract (1)

• Definition of a contract
• Analysis of contract formation and essential ingredients
• Requirements as to writing
• Simple and specialty contracts
• Contracts of utmost good faith

3. Law of Contract (2)

• Terms – conditions and warranties; fitness for purpose, satisfactory quality, reasonable skill & care
• Express terms
• Implied terms
• Exclusion and limitation clauses

4. Law of Contract (3)

• Ending the contract
• Breach of contract
• Set-off
• Doctrine of privity
• Assignment

5. Laws of delict & tort

• Tort/delict– what are they?
• Tort/delict of negligence

6. Conclusions – contract and tort/delict

• Limitations of action
• Contract and/or tort/delict?

Day 2

7. Introduction to engineering contracts

• The contract
• The Engineer/Project Manager
• Making the contract
• Method statements, programmes, etc
• Risk and basis of payment
• Variations and their impact
• Types of works
• Activities of the Contractor
• Housing Grants, Construction & Regeneration Act 1996 and Local Democracy, Economic Development & Construction Act 2009

8. Essential Contents of engineering and construction contracts – why contracts say what they say

• Definitions
• General duties of Contractor and Purchaser
• Appointment and authority of the Engineer/Project Manager and his assistants
• Time for completion
• Delay and extension of time
• Liquidated damages for delay
• Time of the essence
• Completion/Takeover/Performance tests
• Certificates
• Variations
• Liability for defects
• Contractor’s liabilities
• Insurance
• Limitation of contractor’s liabilities
• Sufficiency of price and unforeseen conditions
• The Site and responsibilities – Health and Safety
• Subcontracting and assignment
• Ownership of materials
• Patents and other protected rights
• Confidentiality
• Contractor’s default and termination of contract
• Bonds and guarantees
• Notices & their service; law and jurisdiction

9. Payment

• Introduction and the ‘Construction Act’
• Price based payment mechanisms
• Cost based payment mechanisms
• Other matters – retention, price escalation, interest, currency
• Damages

10. Standard forms of contract

• The benefits of using standard forms
• Brief review of the various industry forms and key aspects of risk associated with each:
o Civil engineering and building forms
o Mechanical and electrical forms
o Process plant contracts: how they differ from construction contracts
o Process plant contract forms
o International forms
o Service contracts

11. Dispute resolution: the processes in outline and how they work

• The dispute; conditions precedent, terminology
• Non-binding dispute resolution processes
o Negotiation, mediation, etc
• Binding dispute resolution processes
o Adjudication, DAB, expert determination, arbitration, litigation

Course duration: 2 days

Cost: £575 + VAT

Introduction to Contract Law Training Inverness, Aberdeen, Glasgow, Edinburgh, Dunfermline and other sites throughout the UK including onsite closed company courses are available.

Introduction to Contract Law Training in Ghana, Nigeria and Qatar is also available.

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