This training programme will enable the delegates to understand the reasons behind the contractual conflict and disputes and the ways to stay away from it in the future. Most of the contracts these days are managed differently to the traditional approach, bringing in more openness between both the contracting parties. This has in some ways minimized the conflicts and improved the profitability for both the parties.


Who should Attend?

Personnel who can attend this course are:

  • Project engineers
  • Commercial staff
  • Procurement staff
  • Legal staff
  • Business managers
  • Project managers
  • All the professionals involved in the disputes resolution
  • Employees new to the field of engineering or construction
  • Employees from contractor/subcontractor and developer/client backgrounds

Course Objectives:

  • Acknowledge the ways to fix the disputes efficiently and quickly.
  • Understand the dangers such approaches can bring and the ways to reduce the problems.
  • Acknowledge the ways of how the contracts work and why these contracts cause issues.
  • Grow and enhance thinking around the collaborative approaches to working on the engineering and construction contracts.
  • View the construction and engineering contracting in an international context.
  • Label some provisions and specific clauses identified as a common source of problem.

Course Outline:

Module I

  • Engineering and construction contracts: Fundamentals
  • Importance of contracts
  • Contracts formation
  • Issues with construction and engineering contracts
  • Standard forms usage
  • Concept of FIDIC
  • Concept of NEC
  • Concept of LOGIC
  • Bargaining positions: Differences
  • Competitive tendering: Problems
  • Different industries problems including the problems between the construction and engineering
  • Different legal systems: Issues

Module II

  • Engineering and construction contracts: Major problem causes
  • Responsibility of design
  • Contractors required to warrant the design of others
  • Work standard
  • Purpose fitness
  • Company standards: International/National
  • Professional services: standards
  • Concept of Variations
  • Concept of Time
  • Concept of Money
  • Force majeure
  • Description: Intellectual property
  • Liability limits
  • Concept of Indemnities
  • Description: Insurance
  • Some minor issues:
  • Description: Notices
  • Description: Entire Agreement
  • Concept of Incorporation by reference

Module III

  • Engineering and construction contracts: traditional approaches
  • Fixed price/ lump sum
  • Schedule of Rates or bill of quantities
  • Incentive fees addition
  • Concept of Escalation
  • General price inflation: Dealing
  • Adjustment of economic price
  • Volatile materials (or labour) markets: associated problems
  • Right index selection
  • Contracts: Call off

Module IV

  • Traditional approaches: looking beyond
  • Reward and risk structures
  • Operate Transfer and similar models: Building and development
  • Concept of Open Book approaches
  • Working in an collaborative environment
  • Benefits
  • Ways to avoid the dangers
  • This training session will enable to delegates to create their ideas differently in such a way that the construction or engineering contracts could be designed or structured, so in that way the commercial drivers are more focused towards the goals of the parties and not on the conflict.
  • Resolution and avoidance: Disputes
  • Occurrence of disputes
  • How to avoid disputed and how to deal with quickly and efficiently
  • Techniques of negotiation
  • Third party approaches: Traditional
  • Litigation of courts
  • Concept of Arbitration
  • Concept of Adjudication
  • Alternative approaches
  • Concept of Mediation
  • Concept of conciliation
  • Evaluation: Early neutral
  • Determination of an expert
  • Similar arrangements and dispute review boards
  • Concept of Pendulum arbitration
  • Concept of Mini-arbitration
  • Summary

General Notes

  • All our courses can be facilitated as Customized In-House Training course.
  • Course duration is flexible and the contents can be modified to fit any number of days.
  • As for Open Enrolment Courses, we offer our clients the flexibility to chose the location, date, and time and our team of experts who are spread around the globe will assist in facilitating the course.
  • The course fee includes facilitation, training materials, 2 coffee breaks, buffet lunch and a Certificate of successful completion of Training.
  • FREE Consultation and Coaching provided during and after the course.


Course Testimonials

 

Course Curriculum

No curriculum found !
Note
Customized Schedule is available for all courses irrespective of dates on the Calendar. Please get in touch with us for details.
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