Construction Contract Management & Claims

The workshop on Construction contract management & claims will address issues from procurement, formation, design risks and claims. The workshop has been designed specifically to enhance the participants commercial awareness in construction contracts and provide them with the necessary acumen and confidence to negotiate commercially viable contracts and manage risk in projects. The 02 days of workshop on drafting and vetting, will aim to show how it necessitates in every aspect of business be carried out in a most professional manner. More specifically the contracts to be carefully drafted to gain more favourable terms from the counter party by having to expend least resources possible.

Who should attend the workshop
General Managers, Managing Directors, In house Counsels, Contract Managers, Project Directors, Projects Heads/Managers, Contract Heads, Contract Directors, Claims Manager, Contracts Special lists, Consultants, Engineers, Planners, Schedulers, Quantity Surveyors, Architects and Sub contracts

Day-1 Construction Contract Management
1. Contract Law Principles- How are Contracts Formed. When does an Agreement become a Contract? When does a LOI/MOU (Letter of Intent /Memorandum of Understanding – become a contract	Contracts Offer or Proposal Rejection of an offer / Counter offer. Acceptance Consideration Essentials of Valid Contract Free Consent Quasi Contracts Performance of Contract Breach Of Contract / Material Brach of Contract Battle of Forms
2. Commercial Terms and Conditions Thorough understanding of clauses, which deals allocation of Risks Taking preventative steps in Mitigating the Risk	Indemnity Assignment and Delegation Successors and Assigns Limitation of Liability/Total Liability Cap Third Party Liability Force Majeure Damages ,Liquidated Damages/ Penalty Consequential Damages Negligence/Gross Negligence and Willful misconduct Exclusive Remedy Provisions Governing Law Insurance Subrogation and Waiver of Subrogation. Representations Warranty Warranty and Guarantee
3. Identifying risk involved and cost implications in Letter of Intent (LOI) Memorandum of Understanding (MOU) and Non Disclosure Agreement (NDA) Understand International Best Practices	Letter of Intent Memorandum of Understanding Non- Disclosure Agreement
4. Scope of Work/Statement of Work (SOW)	Understanding Scope in detail Pitfalls in dealing with Scope Guideline for drafting Effective SOW Managing SOW Case Study
5. Commercial Terms in a Contract	Understanding Bid Bonds Advance payment Bonds Difference between Bonds and Guarantees Performance Bond/Security Retention Money/Bond Comfort Letter Letter of Credit Parent Company Guarantee • Contract Price
6. Types of Contracts	Fixed Price Contract or Lumpsum Contracts Cost Reimbursable Contracts Time and Material Contracts Unit rates Maximum Price NAPNOC Measurable Re-measurable contracts
7. IPR Rights in a Contract	• IPR Ownership Rights in a Contract

Day-2 Construction Contract Management
Dealing with Variations	Definition of Variations Variations and SOW Variation Power Limits on Power to direct variations Pricing or valuing variations Formal requirement of Variation Clause
Measuring Contractor Performance	Understanding typical methods for measuring contractor Performance Taking preventative steps in reducing claims when dealing with Contractor performance
Learn Contractual Correspondence when dealing with claims	Model Words /Sentences- to protect your company’s interest when dealing with Claims
Defects in Construction Contracts	Design deficiencies Material deficiencies Specification problems Workmanship deficiencies Latent Defects Patent Defects Liability of Defects under the Contract Defects Notification Period Defect Liability Period Decennial Liability
Key issues in Dealing with Construction Claims	Extension of Time (EOT) Programme and Records Time is the essence Time at large BOQ Design Error Termination Disruption Cost for Claims preparation
Claims arising out of Delay	What is Delay Causes of Delay Excusable and non-excusable delays Most common example of delay claims Acceleration Concurrent Delay Float What is required for successful delay claim Heads of Damages Recommendations to avoid delay claims
The Most frequent clauses which give rise to Claim	Unforeseeable physical conditions Right of Access to the Site Delayed Drawings or Instructions. Adjustment for changes in legislation Commencement of the Work
Exercise Sheets –

Learning outcomes
This program is designed to help you enhance your knowledge of your key duties, responsibilities and potential liabilities in the area of construction contracts. You will have the opportunity to examine a number of critical legal areas that are relevant to your organisation, cases laws will be discussed with the participants for better understanding on the subject. The two day practical workshop will help delegates enhance their skill on the subject, resulting in a positive impact on the bottom line of the company

Learn how to create a formal contract
Deal with contractual clauses that minimises contractual risk
How to effectively read tender/bid documents/proposals.
Understand how to deal with and focus on impacts and risks in Variation Clause
Understand in details entitlement to EOT and concept of Time At Large.
Understand Delay Claims
Understand, identify and learn about risks and costs involved when dealing MOU/LOI and NDA
Suggestion on how Claims can be avoided and focus on best practices on contractual correspondence.
Understand the pitfalls in drafting Scope of Work (SOW)
Understand methods involved in measuring Contractor Performance.
How to deal with dispute and dispute resolution clauses in a contract.
Dispute Resolution
International Best Practices

Construction Contract Management & Claims

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