Managing Claims and Risks in Engineering and Construction Contracts
Engineering and Construction Contracts: Managing Claims for Time, Money, Quality
This 2-day workshop focuses on the management of time, money and quality under Engineering and Construction Contracts, from the time that the contract is entered into until the completion of the project. You will learn about why Construction and Engineering Contracts allow the contractor to claim extra time and/or money, the circumstances where such claims are allowed, and how both parties can manage the uncertainties around construction and engineering project. You will also learn about defects: what a defect is, how the contracts allocate responsibility for defects, and how long liability for defects lasts.
Select and Register for Managing Claims and Risks in Engineering and Construction Contracts
Course Schedule Shortly Updated Soon...
Who Should Attend
- Project Owners/Employers
- Contractors and equipment/material suppliers
- Contract Administrators and Quantity
- Engineers and Architects
- Multilateral development banks and funding agencies supporting infrastructure projects
- Legal advisers
- Government Ministries and Agencies
- Contract Managers / Project managers / Commercial Directors in any business and industry using FIDIC contracts
What You Get in Class
- A comprehensive set of workshop notes will be issued to every attendee.
- Project Victor Course completion certification
- 2-Days at a reputable hotel that includes 2 coffee breaks and International Buffet lunch
- Pens, Pencils, Markers, Eraser
Our instructor has a PhD from the Victoria University, Wellington. This follows her attaining a BA, LLB degree from Wits and an LLM (cum laude) from RAU. She also has a second LLM in advanced contract law from Wits and an MA from the Victoria University, Wellington. She has completed the Association of Arbitrators’ specialization in construction law and the Higher Diploma in Arbitration and was tutor for the Association’s well-respected courses. She has taught law for more than twenty years and has written training courses, manuals and seminar notes for the construction and other industries. She has lectured law both to lay people and law students and has conducted numerous training seminars for the construction industry. She provides ongoing consulting services to private firms and government.
She has a particular interest in risk allocation in standard construction contracts, and the FIDIC Contracts in particular. She has provided training on these matters in Africa, the Pacific, and Australasia. She is an associate member of the Arbitrators’ and Mediators’ Institute New Zealand and a member of the Society of Construction Law, New Zealand.
Two Days (equivalent to 14 Contact Hours or Professional Development Units (PDUs)
Hands On, Interactive Presentation
This workshop is designed around case studies and practical examples. Delegates are encouraged to discuss matters, raise questions with the presenter and work out practical solutions to practical problems. Through a combination of lectures, discussion and hands on problem solving, this workshop will provide a thorough, comprehensive understanding of contract law principles at work.
Attend this workshop to gain practical understanding of how claims are brought and risk managed in Engineering and Construction Contracts. Delegates who attend this workshop will gain an understanding of:
- negotiating risk allocation in Engineering and Construction Contracts
- time, money and quality: the three pillars of contractual claims
- when the contractor is entitled to extra time or additional money
- what a defect is
- how long liability for defects lasts
- how a variation differs from a claim
- what process the contractor has to follow when claiming additional time/money
- What process the contract manager has to follow when evaluating claims for extra time/money
- how to defend claims
- how to evaluate and quantify claims
- the role of the programme in quantifying time claims
- dealing with some tricky claims like concurrent claims, global claims, delay and disruption claims
- working with subcontractors and managing risks in subcontracting.
Hands On, Interactive Presentation
This workshop is designed around case studies and practical examples. Delegates are encouraged to discuss matters, raise questions with the presenter and work out practical solutions to practical problems. Through a combination of lectures, discussion and hands on problem solving, this workshop will provide a thorough, comprehensive understanding of the management of time, money and quality in Construction and Engineering Contracts.
Delegates will be provided with a comprehensive set of notes that includes case studies, slides and course notes.
Engineering and construction projects are delivered in an uncertain environment: it may be unclear what, precisely, will be delivered, when it will be delivered, and at what cost. The work may be delayed by circumstances outside of the parties’ control, the specifications may change and costs increase. This two-day workshop considers how we manage these changing circumstances, by focusing on the three core elements of time, money and quality.
Whether you are a contractor, consultant, owner or subcontractor, a proper understanding of how the contract regulates these three elements is essential.
- Uncertainty in construction contracts.
- Claims vs variations.
- Claims outside of the contract and claims allowed for in the contract.
- What is a defect?
- Latent and patent defects.
- The stages of completion.
- Fitness for purpose.
- Defective design vs defective workmanship.
- When is there a right to claim time and/or money?
- What process must be followed when claiming?
- Time barring and notice provisions.
- How long have you got to make your claim?
- Putting together a claim.
- Responding to a claim.
- Employer’s claims.
- The role of the ‘Engineer’ in determining claims.
- Force majeur.
- ‘Employer’s risk’.
- Unforeseen ground conditions.
- Weather-related claims.
- The obligation to complete on time.
- When is time ‘of the essence’ and what are the implications if it is?
- The legal status of the programme.
- The status of the float.
- The critical path.
- Early warning of delays.
- Acceleration claims.
- Disruption claims.
- Global claims.
- Concurrent claims.
- Damages for breach of contract vs claims for additional money.
- Liquidated damages.
- Valuing instructions.
- Time-related costs.
- Contract price adjustment provisions.
- Interim (progress) payments.
- Final account.
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