Contractual Awareness
- Contractual Awareness Training covering English and Scots laws.
- Introduction to legal background and law of contracts.
- Includes laws of delict & tort and dispute resolution.
- Focus on contract formation, terms, breach, and ending.
- Engineering contracts, essential contents, and scenarios.
Overview
The Contractual Awareness Training course covers English and Scots laws over 2 days. It includes topics such as legal background, contract formation, terms and clauses, ending contracts, tort and delict, engineering contracts, dispute resolution, and more. The course aims to enhance participants' understanding of contract law and its practical applications in various contexts.
Who should attend
Engineers
Course Content
Contractual Awareness Training
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
Day 2
- Introduction to engineering contracts
- Where contract conditions come from
- Who writes them and what they are intended to give us
- The benefits
- The two main types – for WORK and for a RESULT
- WORK = ICE/NEC3
- RESULT = IET/IMechE MF1
- MF1 — The essential contents and scenario
- Scenario
- Framework clauses
- Contract Management
- Site management
- Design
- Supply chains
- Time
- Testing
- Guarantees
- Change and claims
- Money/payment
- NEC3 –The essential contents and scenario
- Scenario
- Framework clauses
- Contract Management
- Site management
- Design
- Supply chains
- Time
- Testing
- Guarantees
- Change and claims
- Money/payment
- Other standard forms
- Building/civil
- JCT/ICE?GC Works etc.
- Electrical/Mechanical
- MF2
- Process/IChemE
- International
- FIDIC/IChemE
- Service
- FIDIC /ACE
- Dispute Resolution
- The dispute; conditions precedent, terminology
- Non-binding dispute resolution processes
- Negotiation, mediation, etc
- Binding dispute resolution processes
- Adjudication, DAB, expert determination, arbitration, litigation
Course duration: 2 Days
Cost: £595 + VAT
Contract Training Aberdeen, Inverness, Glasgow, Edinburgh, Dunfermline and other sites throughout the UK including onsite closed company courses are available.
Contract Training Saudi Arabia, Bahrain, Kuwait, Qatar, Abu Dhabi, Dubai, India, Ghana and Nigeria is also available.
