Code Date Venue Fees
CM007 24 - 28 Dec 2017 Dubai - UAE $4,500 Register
CM007 22 - 26 Jul 2018 Dubai - UAE $4,750 Register
Home » Seminars » Contracts Management » Construction Contracts Masterclass

Introduction

This GLOMACS Construction Contracts Masterclass training seminar will help the delegates to understand about the contractual disputes and conflicts arise in the engineering and construction projects, the reasons why such problems arise, and how to avoid them in the future. These problems have reduced the efficiency and profitability of developments, and have not been to the benefit of either clients or contractors. Both engineering and construction tend to attract contractual problems because of the complex nature of the work itself, and also the complicated commercial arrangements involved. 

Many contracts are now being conducted in a different way to the traditional approach, with more openness between the parties, and this has, in some cases at least, reduced conflict and increased profitability for all parties. 

The training seminar highlights will include: 

  • A review of major issues in engineering and construction contracting
  • An examination of why things so often go wrong
  • A consideration of ways to improve
  • Detailed discussion as to how a more collaborative approach might benefit engineering and construction projects
  • Examination of real issues, from real projects

 

Objectives

The training course has the following main objectives: 
  • 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

Training Methodology

This Construction Contracts Masterclass training seminar will be delivered using a mixture of trainer-led discussion, using real examples wherever possible, and group exercises to develop new ways of thinking around the whole issue of engineering and construction contracts and their associated problems.

Organisational Impact

The training course will deliver the following benefits to the organisations to which the delegates belong: 
  • Delegates will have obtained a better understanding of the contractual issues involved in engineering and construction contracts
  • Better communication between commercial and legal personnel
  • A wider range of possible contracting options
  • Better ways to resolve disputes
  • Projects will be more successful
  • Reduced project times and improved profitability

Personal Impact

The training programme will deliver the following benefits to the delegates: 
  • Better understanding of engineering and construction contracts, and the problems that can arise
  • Deeper appreciation of the main clauses that can cause problems, and how they can be reduced or avoided
  • Greater choice of methods for contracting for engineering and construction projects
  • Understanding how greater collaboration can, if handled properly, reduce conflict
  • Better skills and techniques for resolving disputes
  • Wider skill base, meaning greater scope for career development

Who Should Attend?

  • 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

Seminar Outline

DAY 1

The 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
      • FIDIC
      • NEC
      • LOGIC
    • Differences in bargaining positions
    • Problems with competitive tendering
    • Problems with different industries – including between engineering and construction
    • And different regions/countries
  • Issues with different legal systems

DAY 2

Some 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 3

Traditional 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 4

Looking 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

Accreditation

  • Quality Logo

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Oxford Management Centre

A GLOMACS - Oxford Management Centre collaboration aimed at providing the best training services and benefits to our valued clients

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Construction Contracts Masterclass
Developing & Managing Successful Construction Contracts


Upcoming Dates

Code Date Venue Fees
CM007 24 - 28 Dec 2017 Dubai - UAE $4,500
CM007 22 - 26 Jul 2018 Dubai - UAE $4,750

Introduction

This GLOMACS Construction Contracts Masterclass training seminar will help the delegates to understand about the contractual disputes and conflicts arise in the engineering and construction projects, the reasons why such problems arise, and how to avoid them in the future. These problems have reduced the efficiency and profitability of developments, and have not been to the benefit of either clients or contractors. Both engineering and construction tend to attract contractual problems because of the complex nature of the work itself, and also the complicated commercial arrangements involved. 

Many contracts are now being conducted in a different way to the traditional approach, with more openness between the parties, and this has, in some cases at least, reduced conflict and increased profitability for all parties. 

The training seminar highlights will include: 

  • A review of major issues in engineering and construction contracting
  • An examination of why things so often go wrong
  • A consideration of ways to improve
  • Detailed discussion as to how a more collaborative approach might benefit engineering and construction projects
  • Examination of real issues, from real projects

 

Objectives

The training course has the following main objectives: 
  • 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

Training Methodology

This Construction Contracts Masterclass training seminar will be delivered using a mixture of trainer-led discussion, using real examples wherever possible, and group exercises to develop new ways of thinking around the whole issue of engineering and construction contracts and their associated problems.

Organisational Impact

The training course will deliver the following benefits to the organisations to which the delegates belong: 
  • Delegates will have obtained a better understanding of the contractual issues involved in engineering and construction contracts
  • Better communication between commercial and legal personnel
  • A wider range of possible contracting options
  • Better ways to resolve disputes
  • Projects will be more successful
  • Reduced project times and improved profitability

Personal Impact

The training programme will deliver the following benefits to the delegates: 
  • Better understanding of engineering and construction contracts, and the problems that can arise
  • Deeper appreciation of the main clauses that can cause problems, and how they can be reduced or avoided
  • Greater choice of methods for contracting for engineering and construction projects
  • Understanding how greater collaboration can, if handled properly, reduce conflict
  • Better skills and techniques for resolving disputes
  • Wider skill base, meaning greater scope for career development

Who Should Attend?

  • 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

SEMINAR OUTLINE

DAY 1

The 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
      • FIDIC
      • NEC
      • LOGIC
    • Differences in bargaining positions
    • Problems with competitive tendering
    • Problems with different industries – including between engineering and construction
    • And different regions/countries
  • Issues with different legal systems

DAY 2

Some 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 3

Traditional 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 4

Looking 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

Quality Logo

GLOMACS is registered with NASBA as a sponsor of Continuing Professional Education (CPE) on the National Registry of CPE Sponsors. NASBA have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.

 

All Training Seminars delivered by GLOMACS by default are eligible for CPE Credit.



© 2017. Material published by GLOMACS shown here is copyrighted.
All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing (in any medium), transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.

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P.O. Box 74653, Dubai, United Arab Emirates
Tel : +971 - 04 - 425 0700, Fax : +971 (04) 425 0701, Email : info@glomacs.ae

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