Effective Drafting of Enforceable Contracts Conditions

CONTENT

• Understanding Contract Conditions.
  • Expressed and Implied Contractual Responsibilities.
  • Notice Requirements including when waived.
  • Responsibilities of Contractor, Owner and Consultant on the Project.
  • What is “Fair and Reasonable”?
  • How do Claims Arise? Legal Basis. How can these be reduced?

• Contracting Methods and Associated Risks:
  • Letter Contracts
  • Material Purchases
  • Labour Supply Contracts
  • Service Contracts
  • Package Deals, Turnkey Design Build,
  • Traditional Single General Building Contractor or Engineering Contractor,
  • Construction Manager Method,
  • Phased Construction: Multiple-Prime Contractor, Fast Track Contracting.
  • BOOT
  • Technology Purchase and Consultancy Contracts
  • Financial Risks on the different contracts.

• Duties Responsibilities of the Parties to Project Contracts.
• Drafting Contracts Guidelines and Checklists.
• Available Standards Resources for the Drafting Professional

• How Risks are transferred.
  • What Risks cannot normally be transferred?
  • Means of Co-ordinating.
  • When Risk Transfer is Really Complete?

• Transferring Specific Risks:
  • Co-ordination of Contractors on Site,
  • No- Damage-For- Delay-Clause,
  • Project Schedule,
  • Liquidated Damages,
  • Unforeseen Site Conditions,
  • Variation Orders,
  • Right to Terminate,
  • Dispute Resolution,
  • Keeping appropriate Records,
  • Inspection of Works,
  • Safety,
  • Price Fluctuations,
  • Exceptional Weather Conditions.

FOR WHOM:

Legal Officers and others who perform related functions

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.