Certified Engineering & Construction Contracts (Claim & Disputes)
Course Overview
Today’s competitive and complex construction industry requires careful consideration in the formation of the construction contract to ensure that it is equitable, the specifications and timetable are feasible, and that liability and obligations are clearly defined. Properly prepared contractors, subcontractors, architects, engineers, and developers can thus avoid anticipated problems, reduce performance disputes and receive payment for work performed.
This course is also designed to systematically cover the developmental subjects vital to training competent contract and field administrators to manage time, cost, documentation and disputes during this important phase. Field administration is a critical process in achieving successful facility construction. Most organizations cannot afford the personnel time to apprentice a field administrator‐in‐training.
Course Parts
- Managing Construction Risks
- Project Life Cycle
- Reviewing the Fundamentals of Project Risk Management
- Risk Identification and Classification
- Risk Priorities
- Risk Allocation
- Contractual Risk Allocation
- Reducing Risk When Selecting Construction Projects
- Contractual Risk Management
- Case Study
- Legal Aspects of Construction Contracts: The Law of the Contract: Civil Law, Common Law, Administrative Law
- Basic Contract Law
- Basic Principles: Mandatory and Complementary Rules in Civil Law
- Elements of Contracts
- Sources of Obligation under Civil Law
- Enforceability of Contracts
- Principles of Interpretation
- Damages
- Force Majeure
- Unforeseen Conditions
- Assignment of Rights
- Redemption of Breach
- Limitation Period
- Warranties
- Notice Requirements
- Case Study
- Parties’ Obligations
- Types of Relationship: Contractor, Agent and Employer
- General and Particular Conditions
- Obligations of the Parties: Contractor, Designer, Employer, Contract Manager
- Role of the Engineer in Construction Contracts
- Change Clauses
- Time is of the Essence
- Case Study
- Conclusion
- Introduction and Participants’ Objectives
- Preparing Construction Documents
- Bid Documents