REF: | 4054_270661 |
DATE: | 06 - 10 Oct 2024 10.Oct.2024 |
LOCATION: |
Kuala Lumpur (Malaysia) |
INDIVIDUAL FEE: |
3900 Euro |
Introduction to Construction Contracts Law and Management Course
Construction projects are known for their propensity towards contractual disputes and conflict, inevitably reducing those involved in overall efficiency and profitability. The inherently complex nature of construction tasks and business transactions contributes to such complications.
This construction contracts law and management course is designed to enlighten delegates on the factors contributing to these issues and provide strategies for their prevention.
The construction contracts law and management course advocates for a shift from traditional contracting methods to more transparent and collaborative models, which have started to reflect positive outcomes in reducing conflict and lifting the profitability of all stakeholders.
This construction contracts law and management Masterclass provides a comprehensive introduction to construction contract management, emphasizing the methodologies that facilitate the successful negotiation, formation, and execution of contracts within the construction industry. Participants will gain valuable insights into the construction contract management process, equipping them with the knowledge to handle complexities and mitigate disputes efficiently.
Participants will also delve into the construction contract law seminar, where they can engage with industry experts, discuss construction contracts law and management, and enhance their understanding of the subject. Completing this construction contracts law and management Masterclass may pave the way to obtaining a construction contract management certification. This qualification showcases their capabilities and understanding of construction contract law training.
Participants will also receive insights into construction contract management training, ensuring they leave with a certification that enhances their professional standing and expertise in construction contract law.
Targeted Groups
- Project managers.
- Contract managers.
- Contract personnel.
- Construction professionals.
- Cost consultants and quantity surveyors.
- Procurement personnel.
- Project engineers.
- Contract engineers.
- Stakeholders involved in construction and engineering contracts.
Course Objectives
By the end of this construction contracts law and management course, participants will be successful in:
- Understanding the functionality of contracts and pinpointing typical sources of problems.
- Delving into specific contract clauses and provisions often leads to disputes.
- Fostering a mindset inclined towards more cooperative interactions concerning construction contracts.
- Identifying potential risks of collaborative methods and strategies to mitigate associated issues.
- Gaining a global perspective on construction contracting.
- Mastering efficient dispute resolution techniques.
- Examining pressing concerns in the world of engineering and construction contracts.
- Analyzing the root causes of common project derailments.
- Discussing improvement strategies.
- Explaining how a collaborative spirit may enhance engineering and construction endeavors.
Targeted Competencies
Upon the end of this construction contracts law and management course, the target competencies will be able to improve:
- A refined understanding of potential contractual issues and strategies for their prevention.
- A deeper appreciation for crafting solutions to prevalent problems.
- Insights into the modern methodologies applied in construction contracting.
- Understanding the benefits of increased collaboration to decrease conflict.
- Enhanced dispute resolution skills and techniques.
- A broader skill set is conducive to career advancement opportunities.
Course Content
Unit 1: The Fundamentals of Construction Contracts
- The necessity of contracts in construction.
- The process of forming contracts.
- Unique aspects of construction contracts.
- Utilization of standard form contracts such as:
- FIDIC.
- NEC.
- JCT.
- The balance of bargaining power.
- Issues with competitive tendering.
- Problems with different industries.
- Problems in different regions/countries.
- The impact of diverse legal systems and their rules on construction contract law.
Unit 2: Some Major Problem Clauses in 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.
Unit 3: Traditional Approaches to Construction Contracts
- Fixed-price contracts.
- Bill of quantities and schedule methods.
- Incentive fees and their implications.
- Escalation.
- Dealing with general price inflation.
- Economic price adjustment.
- Problems with volatile materials or labor costs markets.
- Selecting the appropriate right index.
- The dynamics of call-off contracts.
Unit 4: Looking Beyond The Traditional Approaches
- Analyzing risk and reward structures in innovative contracting models
- The shift towards Build Operate Transfer (BOT) schemes and other similar arrangements
- The principles of the open book approach.
- The merits of collaborative working.
- Recognizing the advantages.
- Dangers and how to avoid them.
Unit 5: Disputes of The Avoidance and Resolution
- How do 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.