The Principles of Contract Law and Contracts

Course duration: 2 Day

Cost: £595 + VAT

This 2 day programme delivers a thorough understanding of the practicalities of contracts from the basis of English law through contract formation to their administration on civil engineering projects.

Day onecovers a broad introduction to English law. The legal system is outlined and an overview of dispute resolution from negotiation to arbitration presented.

The principles of contract formation are introduced and discussed and the essential steps necessary to create a binding and enforceable contract defined. Risk analysis and management in a contractual environment is presented, highlighting the key areas of risk under contract consideration.

A wide range of contract forms and procurement options are outlined, discussed and appraised. The two key contract forms in the construction industry – the ICE conditions of contract 7th edition and NEC 3rd Edition – are presented in detail.

Day twofocuses on the procurement process and contract administration.

A detailed overview of the tender process is presented. The documents, instructions and form of tender are detailed and the key components of the build up of rates discussed.

The programme of works and the completion date focus the parties to the contract on the resources required and hence the overall cost. The operation of the programme under the ICE conditions of contract is considered and the roles of the Engineer and contractor defined.

Extension of time and claims for additional payment are considered, the contract clauses discussed and clarified. Claims procedures are discussed including procedural issues of notice and forms, and the need for fair evaluation.

The use of domestic and nominated subcontractors is explained and the implications of their use discussed. The payment process is discussed in detail from interim and final certification through to completion certificates, defects period and retention.

The tutor is a chartered civil engineer with extensive industry experience across a number of construction and engineering industries. He has key capabilities in contractual, commercial and project finance sectors. He is also a senior ICE reviewer for the Chartered Professional Review.

Objectives

At the end of this course, delegates should:

Have a basic understanding of English law and the operation of the English legal system
Recognise the principles of Contract Law that are applied to construction industry contracts
Have an appreciation of the two key construction contracts, ICE Conditions of Contract and the NEC
Have a broad understanding of the procurement process
Understand the tender process and its function in a construction contract
Understand the contractual and administrative basis of extension of time, submission and settlement of claims and the payment process

Intended for

Civil, structural and building engineers in the early stages of their professional development, project managers, quantity surveyors and construction professionals needing a broad introduction to the commercial and contractual approaches of the civil engineering industry.

Outline Programme

Introduction to English law
Contract formation
Risk analysis
Standard forms of contract
The principles of the ICE conditions of contract
The New Engineering Contract
The tender process
The programme
Unforeseen conditions
Extensions of time & claims
Control of sub-contracts
Certification & completion