Effective Contract Management

About the Course

Name: Effective Contract Management

Code: GL-CA016

Sectors: Contracts & Agreement , Live/Online Class

  Date   Days   Venue   Fees
23 - 25 May 2021 3 Live Online Classroom $550 1200 BOOK NOW
14 - 18 Nov 2021 5 Dubai, UAE $3,950 BOOK NOW

Introduction

One of the critical roles in today’s project management is contracts management. Contracts establish the responsibilities and rights of the parties. This course is designed to explore the advanced tools generally viewed as leading to successful contracts management in construction projects. The course will provide a practical hands-on approach to effective management of contracts. The course will address the framework within which contracts are created. It will also explore important provisions related to commencement, time, payment, variations, termination, claims and completion. 

Objectives

  •  An in-depth understanding of the entire process of contracting from initiation of the project to its completion, taking over and then the expiry of the defects liability/notification period
  • Increased understanding of contract components and provisions of contracts
  • Understanding of contractual risk and better ability to allocate risk to achieve the organizations goals
  • Ability to negotiate favourable terms and make revisions to the contract
  • Ability to reduce the negative impact of a poorly-managed contract administration of the contract on a project or a company
  • Administer the contract appropriately and learn when and how to terminate before completion
  • Understanding of how to protect your company’s rights and to ascertain its position in the event that a dispute arises.
  • Ability to apply the rules of contract interpretation

Training Methodology

The programme will include variety of instructional methods including lecturing by an experienced practitioner and combining conventional teaching with a high level of participation; including an interactive approach involving participants in discussion of topics, exercises, case studies and group discussions covering current practices. 

Outline

Day 01

  • Contract Fundamentals
  • Contract Check Lists
  • Why Share Risks, How to Allocate Risks and Risk Management
  • Essential Contract Law
  • What are the Essential Elements of a Valid Contract
  • Offer and Acceptance
  • Letter of Intent/Letter of Award/Letter of Acceptance
  • How to Interpret Ambiguities in Contract Documents
  • How to Select the Right Type of Contract for Your Project
  • How to Select the Right Type of Contracting Methods for Your Project
  • Duties and Obligations of Parties Involved in Contracts
  • Understanding Contract Language
  • Practical Tips on Contract Drafting
  • Role of Contracts Team
  • Pre-Award Stage
  • Post Award Stage
  • Case Studies

Day 02

Bidding, Tendering and Contracting

  • Procurement General Principles
  • Elements of a good procurement & competitive bidding process
  • Bidding
  • Purpose of Bidding Procedure
  • Types of Bidding
  • Bidding Activities
  • Deciding Contractual Arrangement
  • Deciding Contract Type
  • How to prepare Bidding Documents
  • Tendering
  • Purpose of Tendering Procedure
  • What affects the Contractor’s decision to Tender?
  • Study and analysis of bids
  • Completion of Bid Forms and schedules
  • Direct Costs, Indirect Costs and Mark-up
  • Pre-Bid meetings and Site Visits
  • Raising any queries
  • How to prepare and submit the Tender Documents
  • Contracting
  • Tender Evaluation and How to Select the Winning Tenderer
  • Issuing clarification
  • Seeking the required approvals
  • How to prepare the Contract Documents
  • Awarding the contract and Contract Formation

Day 03

Understanding and Managing Contract Provisions

  • Responsibilities of Main Parties
  • Responsibilities of the Employer
  • Commencement, Delays & Extension of time
  • Commencement
  • Site Possession
  • Delays & Extension of time
  • Suspension
  • Acceleration
  • Case Studies
  • Variations
  • Scope of Variations
  • Procedures for Variations
  • Valuation of Variations
  • Other Provisions
  • Case Studies
  • Unforeseeable Physical Conditions
  • Site Investigations
  • Allocation of the Risk
  • Entitlement
  • Payments
  • Sequence of Payment Events
  • Delayed Payments
  • Provisions for advance payment
  • Provisions for retention
  • Provisions for performance guarantees
  • Materials and Workmanship
  • Quality of materials and workmanship
  • Defects and failure of the Contractor to remedy defects
  • Nominated Subcontractors
  • Who are Nominated Subcontractors
  • Objection of the Contractor entitled to the nomination
  • Default of Nominated Subcontractors

Day 04

Understanding and Managing Contract Provisions Cont.

  • Liquidated Damages
  • Determination of LD’s
  • Advantages of Liquidated Damages
  • Reduction of LD’s
  • Force Majeure
  • What is Force Majeure?
  • Examples of events of Force Majeure
  • What are the Contractor’s entitlements in case of the occurrence of an event of Force Majeure?
  • What would happen in case of prolonged Force Majeure?
  • Completion / Taking Over
  • Contract Closeout Checklist
  • Substantial Completion vs. Beneficial Occupancy
  • Procedures for and effects of the issue of a Taking Over Certificate
  • Defects Liability/Notification
  • Remedying defects and failure of the Contractor to remedy defects during the Defects Liability Certificate
  • Cost of remedying defects during the Defects Liability Certificate
  • Effect of the issue of the Defects Liability Certificate
  • Termination
  • Termination by Employer
  • Termination by Contractor
  • Payments in case of Termination
  • Claims
  • What are Claims
  • Causes of Claims
  • Procedures for Claims
  • Failure to follow Claim Procedures
  • Payment of Claims
  • How to draft and present claims
  • Case Studies

Day 05

Dispute Resolution

  • The Progression from Claims to Disputes
  • How to avoid disputes
  •  Alternative Methods for Dispute Resolution
  • Negotiation
  • Mediation
  • Conciliation
  • Dispute Review Boards and Dispute Adjudication Boards
  • Litigation
  • Arbitration

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