Commercial & Service Contacts: Drafting & Administration

Course Overview

This program will give you a better understanding of the commercial contract administration

function, together with the tools and techniques required to do the job effectively, efficiently and profitably – ensuring that you achieve the highest possible standards of excellence.

This 5-day course has been developed to improve project delivery performance and efficiency by increasing the knowledge and skills of project/related staff in the areas of contract law, contract management and procurement.

Learning Objectives:By the end of the course, delegates will:

•       Understand the importance of the contract.

•       Identify contractual obligations.

•       Use common legal/contractual terminology.

•       Understand the procurement process

•       Understand the importance of the contract in the procurement process.

•       Understandkey role thatcontracting process plays in projectsuccess

Course Aims:

-   Understand different forms of FIDIC contract and how to select the correct formbasedonthe desired procurement route.

-   Understand the risks, duties, obligations, and obligations of the Parties.

-   Understand how to correct administer the contract conditions.

-   Understand the basic principle of making claims and changes under the contracts forms.

-  Understand the dispute resolution mechanisms under the standard form.

Training Methodology

This dynamic training course is highly-interactive & encourages delegate participation through acombination of lectures,

group discussion, practical exercise, case studies, and breakout session designed to reinforce new skills. Thecomprehensive course manual has been designed to be practical, easy to use and facilitate learning.In order to help with establishing

individual and business concerns, delegates will be asked to fill pre-course questionnaire.

Who should attend?

The course is designed for anyone in service departments and management role requiring a working knowledge of contract

law, service & commercial contract management and procurement

•       Those involved in setting up or negotiating contracts

•       Those involved in managing the contracts or commercial function

•       Purchasing / procurement officers and buyers

•       Contract developers& administrators

•       Head of departments

•       Specialists with a concern for effectively managing the commercial aspects of this function

•      Lay persons who find themselves responsible for contractual or commercial matters

Course Contents

Main features and Conditions of the Contracts

•       Employer's Financial arrangements

•       Procedures for Employer's Claims

•       Role of the lawyer

•       Fair Determinations by the Engineer

•       Unforeseeable Physical Conditions

•       Provision of Programmers

•       Delay Damages

•       Measurement and Valuation

•       Value Engineering

•       Adjustments for Changes in Cost

Payment Rules

•       Termination of Contract

•       Limit of Liability

•       Insurances

•       Introduction to Claims, Disputes and Arbitration

•       Causes and Risks

•       Risk: Sources and Types

Claims: Principles

•       Notices & definition

•       Clauses requiring notice by the Contractor

•       Employer’s Claims

•       Clause 3.2 Delegation by the Engineer

•       Clause 3.5 Engineer's determination

•       Notification & preparation of claims

•       Assessment and principles of claim

•       Engineers valuation

•       Determination, Clause 3.5

Claims Procedures

•       Remedy-Granting clauses in commercial contracts

•       Procedures for claims

•       Procedures for settlement of disputes

•       Risk Assessment and Allocation under FIDIC contracts

•       Contemporary records

Claims: Preparation and Evaluation

•       Basic requirements of claims

•       Typical claims and record keeping

•       Recognizing potential claims

•       Basic claim pricing requirements

•       Labor, material, equipment and other direct costs

•       Delay and acceleration costs

•       Overheads and profit

•       Finance charges & theory of pricing

The responsibilities, obligations, and entitlements of the Employer and the Contractor

        -  Programme and Time

        -  Design Responsibility and The Site

        -  Employer’s Personnel

        -  Subcontractor’s Labour and Plant

Applying the Correct Payments, Claims, and Dispute Resolution Mechanisms asenvisaged by the contracts

        -  Payment Clause provisions

        -  Variations&Claims

        -  Effect, Cause, Liability

        -  Case study on claims

Suspension of Works, Termination & Dispute Resolution:

        -  Suspension of Works

        -  Termination

        -  Dispute Resolution

Key Features of the course includes:

✓        Pre-course work-book review & practical exercises and discussion sessions

✓        Personalized Learning Exercises — before delivering the training, we shall contact

✓        participants to conduct phone interviews. Participants will fill in customization form to help us identify personal &organizational training needs.

✓        Gaining a holistic understanding of your corporate challenges will enable us toassess your strengths and weaknesses, identify issues that require attentionand help you develop apersonalized action plan.

✓        Private one-to-one consultancy sessions: I

n order to make sure attendees benefit from the course, private 20minute sessions will be available to pre-book with the trainers to discuss personal concerns or issues

Corporate / site visit

Corporate &site visit to one of London’ law firmsor courts of London might be arranged to enable participants exchange experience with UK professionals with regards to legal issues. Also, it would be great chance for professional networking and building up connections in UK. The visits are subjects to availability based on participants’ number and their

wish to make use of this opportunity