Principle of Construction Contracts – 1 Day

Construction projects involve large capital sums, and strong commercial management is essential to success. The construction contract monitors, controls and administers the project and also defines the relationship between client, consultant and contractor.

Despite a common aim to “get finished on time and get value for money” many projects take longer than programmed and cost considerably more than the original budget.

It is therefore essential that all those involved have a clear commercial understanding of construction contracts, the law that underpins them and how they operate in practice.

This one day course has been specifically developed to provide you with a high level of commercial and contractual understanding and the confidence to use it in practice.

It has three key themes that deliver the knowledge and ability for effective understanding and practical application of construction contracts:

• The law – General and contract
• The contracts – standard (NEC, ICE, JCT ) and bespoke
• The reality – What happens in practice

The route map for the day takes you through the sequential process from inception to project delivery from a contractual position. The main focus throughout is on practical application – what happens in reality, how to deal with it and key guidance on avoiding mistakes. Session include pre-start activities (appointments, insurance, warranties, guaranties and tendering) and also contract delivery (instructions, variations, payment and disputes).

The overarching emphasis is to equip you with an awareness and understanding of operation to identify, mitigate and prevent contractual problems on your projects

The presentations are underpinned throughout by discussion, case study and considered opinion. The course is applicable across the construction sector, whether you work in client, consultant or contractor role.

The tutor is a civil engineer with more than 25 years’ experience, including fifteen years as a geotechnical specialist. He has worked for client, consultant and contractor organisations as well as spending a significant period as an academic at a leading university undertaking research, teaching and consulting activities. He has founded one and contributed to the establishment of two further geotechnical practices and is currently a Commercial and Technical Director of a specialist geotechnical consultancy. He has significant practical experience in the application of construction contracts, has acted as an expert witness on several occasions, published technical articles and lectures to industry and academia on a regular basis.
INTENDED FOR

This course has been specifically developed for:

• Civil, structural and building engineers, project mangers, quantity surveyors and construction professionals in the early stages of their professional development needing a broad introduction to the contractual approaches of the construction industry
OBJECTIVES

At the end of the course the delegates should have:

• Knowledge of effective administration of construction contracts, whether working for client, contractor or consultant
• Knowledge of the key components of construction contracts.
• Knowledge of what constitutes good contract administration
• Knowledge of the tender process and its implementation
• Knowledge of consultancy appointments
• Knowledge of dispute avoidance
• An Appreciation of Insurance, liabilities and warranties in the construction industry
• Awareness of the dispute resolution process

TIMINGS

This course starts at 09:00 and finishes at 17:00 with refreshment breaks mid-morning and afternoon, plus lunch.
Principles of Construction Contracts

COURSE CONTENT

Session 1

Course introduction
Session 2

English Law and the Law of Contract

• Setting the scene (English law and contract law)
• The basic steps to contracting
• Letters of Intent

Session 3

Insurance & liabilities

• Contract insurances
• Performance bonds
• Professional indemnity insurance
• Collateral warranties
• PCG’s

Session 4

Professional Negligence

• Duties of the professional man
• Reasonable skill & care

Session 5

Professional Services Contracts

• Limit of liability
• Consultancy appointments (contract forms)
• D&B appointments

Session 6

Pre-qualification and Tender process

• Prequalification
• Tender assessment
• Price, quality and value

Session 7

Standard Construction Contracts – The ingredients and documents

• Contract documentation
• Standard contracts – an overview

Session 8

The obligations of parties and others

• Duties & obligations
• The role & responsibilities of the Engineer/Architect/Project Manager/Contract administrator

Session 9

Instructions and Variations

• Changes in scope or method
• Determining prices for changes

Session 10

Time and Programme

• Role and purpose of the programme
• Programme as a contract document
• Extension of time and LADs

Session 11

Payment

• An overview of payment mechanisms

Session 12

Disagreement and dispute

• The options and why you shouldn’t need them

Session 13

Course review and close

Cost:£275 + VAT

Duration: 1 Day

Commercial & Contract Training Scotland, Glasgow, Edinburgh, Inverness, Aberdeen, Peterborough, London, Birmingham, Newcastle and other sites throughout the UK including onsite closed company courses are available.