Commercial Contract Law for Construction Professionals

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Commercial Contract Law Training

Context : If you are a construction professional, at some point you will have to buy or sell something and a contract will be formed. Commercial law has many ‘bear traps’ for the unwary and, equally, opportunities for those with sufficient knowledge to enter a contract on terms to their advantage.

Aim of this course : This course aims to give participants the 20% of the knowledge that makes 80% of the difference. Participants will therefore be able to enter into contracts on better terms with ‘their eyes wide open’ to the potential bear traps and opportunities. If issues arise during a contract, they will have much better understanding of their legal position and how to resolve them.

Course Objectives : For participants to

  • Understand the principles and practices of commercial contract law
  • Have improved awareness of the legal consequences of their actions
  • Dramatically reduce the likelihood of inadvertently falling a contractual bear trap, both prior to entering into a contract and once signed.
  • Be able to recover from commercial situations and negotiate from a position of legal strength and knowledge.

Agenda :

  1. The Very Basics of Law : Criminal Law versus Civil Law and level of proof. Acts & Statutes. Civil Law Court system. Exercise 1
  2. Contract Law Basics : Key components of contract (offer, acceptance, consideration etc); Exercise 2;
  3. Construction contracts : a normal contract versus ‘a contact for construction operations’; underlying documents and typical contents of ‘project based’ Conditions of Contract.
  4. Getting to contract : ‘soft’ factors and risk, inc. principles of risk allocation and sharing; Use of NDA’s for confidential information/s; Heads of Agreement; Letters of Intent; Side Letters; Agency; Impact of Negligence; Exercise 3.
  5. Terms : Express vs. Implied; 6 Acts to know about; Simple and Contracts by Deed; Warranties; Indemnities; and Endeavours. Exercise 4
  6. Drafting and Interpreting Contracts : Rules of Interpretation/Construction; Tips for Drafting. Exercise 5.
  7. Remedies and excluding or capping liability : 6 types of Remedy; Damages in detail; Acts of God & Force Majeure; 3 types of Misrepresentation; Caps & Exclusions.
  8. Terminating Contracts & Resolving differences : Termination & unwitting termination. Repudiation and Rescission. Types of Issue/Dispute Resolution; Exercise 6
  9. Conclusion and summary.

Tutor : Dr Jon Broome BEng PhD MAPM MIoD is best known for his expertise in the NEC3 family of contracts and contract strategy and as chair of the Association for Project Management’s Contracts & Procurement SIG. However, over the years as a consultant and trainer, he has also gained considerable knowledge and experience in wider commercial contract law.

Jon is also known for engaging, pragmatic and responsive training style, telling his own ‘real world’ stories, utilising those of the participants and directly addressing their questions. This new course gained an average feedback score of over 90% on its first outing with the following comments :

“Excellent day and event.”

“Good course. Informative & delivered at the correct level.”

“Overall very good. Jon clearly knew his stuff! Thanks.”

“Excellent course and trainer. Enjoyable time.”

Duration: 1 Day

Cost: £275

 

Commercial Law Training  Scotland, Aberdeen, Glasgow, Inverness, Edinburgh, Fife and other sites  throughout the UK including onsite closed company courses are available.

Commercial Law Training Nigeria, Bahrain, Kuwait, Qatar, Abu Dhabi, Dubai, Saudi Arabia, South Africa, India and Ghana is also available

 

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