Construction Contract Administration From Start to Completion – Certified Program

Course Code: EM08

Course Objective

  • Understand how contracts work, and why they sometimes cause problems
  • Address some specific clauses and provisions that are a common source of problems
  • Develop thinking around more collaborative approaches to working on engineering and construction contracts
  • Recognise the dangers that such approaches bring, and how to minimise problems
  • Look at engineering and construction contracting in an international context
  • Understand how to resolve disputes quickly and efficiently


Target Audience

  • Business Managers
  • Commercial Staff
  • Project Managers
  • Project Engineers
  • Procurement Staff
  • Legal Staff
  • All involved in disputes and their resolution
  • All staff involved in selecting contracting strategies
  • Staff new to engineering or construction contracting
  • Experienced staff looking for a refresher, together with new ideas
  • Staff from client / developer and contractor / subcontractor backgrounds


Course Outline

DAY 1The Fundamentals of Engineering and Construction Contracts

  • Why Contracts are necessary?
  • How Contracts are formed?
  • Particular issues with Engineering and Construction Contracts
  • Use of Standard Forms
  • NEC
  • Differences in Bargaining Positions
  • Problems with Competitive Tendering
  • Problems with Different Industries – including between engineering and construction
  • Different Regions / Countries
  • Issues with Different Legal Systems


DAY 2Some Major Problem Clauses in Engineering and Construction Contracts

  • Design Responsibility
  • Requiring Contractors to Warrant the Design of others
  • Standard of Work
  • Fitness for Purpose
  • International / National / Company Standards
  • Standards for Professional Services
  • Variations
  • Time
  • Money
  • Force Majeure
  • Intellectual Property
  • Limits of Liability
  • Indemnities
  • Insurance
  • Some Minor Problems
  • Notices
  • Entire Agreement
  • Incorporation by Reference

DAY 3Traditional Approaches to Engineering and Construction Contracts

  • Lump Sum / Fixed Price
  • Bill of Quantities / Schedule of Rates
  • Adding Incentive Fees
  • Escalation
  • Dealing with General Price Inflation
  • Economic Price Adjustment
  • Problems with volatile materials (or labour) markets
  • Selecting the right index
  • Call-off Contracts


DAY 4Looking Beyond the Traditional Approaches

  • Risk and Reward Structures
  • Build Operate Transfer (and similar models)
  • Open Book Approaches
  • Collaborative Working
  • Advantages
  • Dangers – and how to avoid them
  • This session will involve delegates in developing their own ideas as to different ways in which engineering and/or construction contracts could be structured, so that commercial drivers are focused on the goals of the parties, not on conflict


DAY 5: Disputes – Avoidance and Resolution

  • How Disputes Arise
  • Methods to Avoid Disputes, or Deal with them quickly as they arise
  • Negotiation Techniques
  • Traditional Third Party Approaches
  • Courts (litigation)
  •  Arbitration
  • Adjudication
  • Some Alternative Approaches
  •  Mediation
  •  Conciliation
  • Early Neutral Evaluation
  • Expert Determination
  • Dispute Review Boards and similar arrangements
  • Pendulum Arbitration
  •  Mini-Arbitration
  • Final Questions and Wrap-up

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Date & Location

Date : 16 January 2022

Duration : 5 days

Place : Kuala Lumpur

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Date : 17 July 2022

Duration : 5 days

Place : Tokyo

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Date : 25 December 2022

Duration : 5 days

Place : Doha

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