engineering & construction contract management · pdf filedistributing and managing risk....

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About the Workshop Benefits The Construction Industries Development Board’s (CIDB) Standard for Uniformity in Construction Procurement for works includes, FIDIC, NEC3, JBCC & GCC 2010 contracts. A detailed knowledge of these contracts has become indispensable and will assist contractors, employers and fi nanciers in becoming more astute in influencing, distributing and managing risk. An understanding of the relevant procurement and contract administrative processes contribute to the management and avoidance of disputes and increase the chances of projects being completed on time and within budget. The 1st day will cover FIDIC, the 2nd day will cover NEC and the 3rd day will cover JBCC & CGG 2012 contracts. • IDENTIFYING the roles and responsibilities of the various parties and role players under FIDIC , NEC3, JBCC, GCC 2010 contracts • EXPLORING the differences and similarities between FIDIC, NEC3, JBCC & GCC 2010 contracts • HOW to make effective procurement choices from amongst the different contracts that are available for your selection • GAIN a better understanding the structure of FIDIC, NEC3, JBCC and GCC 2010 contracts • OBTAIN practical tips on the procurement and administration of these contracts • GAIN an understanding of the processes applicable to contract variations, compensation events or claims for an extension of time and additional payment and the manner in which to prepare, to administer and to assess them • GAIN an overview of the dispute resolutions mechanisms applicable under FIDIC, NEC3, JBCC and GCC 2010 contracts Who Should Attend • Contract Managers • Engineers/ Project Managers / Principal Agents • Cost Engineers • Commercial Managers • Legal practitioners • Planners • Procurement and supply chain operatives Engineering & Construction Contract Management FIDIC, NEC, JBCC & GCC 06 08 April 2016 & 22 24 June 2016 Birchwood Hotel - Johannesburg FOR MORE INFORMATION CALL: 011 025 1252: FAX 086 590 5282: E-MAIL [email protected] : WEBSITE www.thehillinstitute.co.za SETA Accreditation No 6455 Accredited & Endorsed by Southern African Asset Management Association (SAAMA) CPD Ref no: SAAMA01267

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Page 1: Engineering & Construction Contract Management · PDF filedistributing and managing risk. ... Contract & Short form, ... Engineering & Construction Contract Management FIDIC, NEC,

About the Workshop Benefits

The Construction Industries Development Board’s (CIDB)

Standard for Uniformity in Construction Procurement for

works includes, FIDIC, NEC3, JBCC & GCC 2010 contracts.

A detailed knowledge of these contracts has become

indispensable and will assist contractors, employers

and fi nanciers in becoming more astute in influencing,

distributing and managing risk.

An understanding of the relevant procurement and contract

administrative processes contribute to the management

and avoidance of disputes and increase the chances of

projects being completed on time and within budget.

The 1st day will cover FIDIC, the 2nd day will cover NEC

and the 3rd day will cover JBCC & CGG 2012 contracts.

• IDENTIFYING the roles and responsibilities of the

various parties and role players under FIDIC , NEC3,

JBCC, GCC 2010 contracts

• EXPLORING the differences and similarities between

FIDIC, NEC3, JBCC & GCC 2010 contracts

• HOW to make effective procurement choices from

amongst the different contracts that are available for

your selection

• GAIN a better understanding the structure of FIDIC,

NEC3, JBCC and GCC 2010 contracts

• OBTAIN practical tips on the procurement and

administration of these contracts

• GAIN an understanding of the processes applicable

to contract variations, compensation events or claims

for an extension of time and additional payment and

the manner in which to prepare, to administer and to

assess them

• GAIN an overview of the dispute resolutions

mechanisms applicable under FIDIC, NEC3, JBCC and

GCC 2010 contracts

Who Should Attend

• Contract Managers

• Engineers/ Project Managers / Principal Agents

• Cost Engineers

• Commercial Managers

• Legal practitioners

• Planners

• Procurement and supply chain operatives

Engineering & Construction

Contract Management FIDIC, NEC, JBCC & GCC

06 – 08 April 2016 & 22 – 24 June 2016

Birchwood Hotel - Johannesburg

FOR MORE INFORMATION CALL: 011 025 1252: FAX 086 590 5282: E-MAIL [email protected] :

WEBSITE www.thehillinstitute.co.za

SETA Accreditation No 6455

Accredited & Endorsed by

Southern African Asset

Management Association

(SAAMA) CPD Ref no:

SAAMA01267

Page 2: Engineering & Construction Contract Management · PDF filedistributing and managing risk. ... Contract & Short form, ... Engineering & Construction Contract Management FIDIC, NEC,

DAY 1 FIDIC Contracts

1. Introduction and overview of the FIDIC contracts

• Contact Law, choice of law & interpretation of Contacts

• The FIDIC ‘rainbow’ – overview of the contracts in the FIDIC suite

• Distinguishing the features of each contract

• How to select the appropriate contract for your particular project

and needs

2. Preparing the contract documents

• The structure of FIDIC contracts

• Contract documents comprising: Red Book, Green Book, Yellow

Book,

Silver Book, Gold Book

• Preparation and use of the Appendix to Tender and other essential

contract documents

• Preparation and use of the Particular Conditions of Contract

• Preparing and use of the Works Specifications / Employer’s

Requirements and other essential contractual documents

3. Role Players in FIDIC contracts

• Employers Duties

• Contractor’s Duties

• Design Responsibilities

4. Contract Administration - Time and Change

Management, Test and Certicates

• Time for Completion & Extension of Time

• Liquid Damages & Penalties

• Variations & procedure

• Use and revision of the program

• Procedures and grounds for claiming Extension of Time and / or

additional payment

• How to properly prepare and quantify claims

• Assessment of claims

• Tests until, on and after Completion

• Certificates relating to raking over, performance, payments &

disputes

• Delays, disruption and acceleration

5. Termination & Disputes

• Terminations, for cause and convenience

• Discharge, frustration and Force Majeure

• Claims Management procedures

• The dispute resolution process under FIDIC contracts

DAY 2 NEC3 Contracts

1. Introduction and overview of the

NEC3 suite of contracts

• Flexibility, clarity and project management basis of NEC3 contracts

• Which contracts are available for your use and selection

• Distinguishing the features of each contract – The Engineering

Contract & Short form, The Term Services Contract and the

Supply Contract

• How to select the appropriate contract for your particular project

and needs

2. Preparing the contract documents

• Conventions, Variables and Defi nitions

• The structure of NEC contracts - Core Clauses, Main Options (A-F),

Secondary X Options & The Customisation or Z Options

• Preparation and use of the NEC Contract Data (Part 1 and 2)

• The importance of NEC3 Works Information, Site Information and

the Accepted Programme

Your Expert Facilitator: Gavin Weiman

Gavin Weiman is a highly experienced attorney (nonpractising), consultant and training facilitator, with extensive (over

25 years) legal experience and (over 10 years) business consulting and training facilitation experience. Gavin has been

providing legal and contract centric consulting services, training and skills transfer services to commercial business,

public entities and other consulting organisations and training organizations. His special area of interest is contracting

and the law and its relationship to business and the economic world. Gavin is the originator of Contract Centric

Management

3. The Key Players and their roles & responsibilities

• The Parties

• Project managers, Supervisors, Service Managers

• Adjudicators, Subcontractors, Suppliers

• Others

• Actions of the parties in good faith and trust

4. Contract Administration - Payment, Time and Change Management

• Time and related matters

• Testing and defects

• Payments

• Use and revision of the program

• Early warnings

• Listed Compensation events

• Notification of Compensation Events, Quotations for and Assessment

of Compensation Events

• Use and applicability of the Schedule of Cost Components

5. Termination & Dispute Resolutions

• Termination by agreement, arising from ‘frustration’ and for default

• The dispute resolution process under NEC contracts

DAY 3 JBCC & GCC 2012 Contracts

1. Overview and use of the JBCC Principal Building Agreement (Edition

5.0 July 2007)

• Overview of changes brought about by the new JBCC Principal

Building Agreement

• Preparation of the various contract documents

(Including the Contract Data)

• Obligations of the Employer

• Obligations of the Contractor

2. Administration of the JBCC Contract - Time, Variations, Termination

and Disputes

• Role of the Principal Agent

• Role of the Contractor

• Instructions & certificates

• Use of the programme

• Claims for an Extension of time and Cost – grounds, procedures,

compilation and assessment thereof

• Other claims

• Termination and dispute resolution process applicable to and under

the JBCC

3. Overview and use of the GCC 2010

• Overview of changes brought to GCC 2010

• Preparation of the contract documents & Contract Data

• Critique of SANS form of agreement used

• Obligations of the Employer

• Obligations of the Contractor

• Obligations of the Engineer

4. GCC 2010 Administration:

• Time, Change Management, termination and Disputes

• Role of the Principal Agent

• Instructions, Variations, Deemed Variations

& Supplementary agreements

• Claims for an Extension of time and Cost – grounds, procedures,

compilation and assessment thereof

• Claims & Claims Administration

• Termination and dispute resolution process applicable to and

under the JBCC

Workshop Outline – Construction Contracts Workshop

FOR MORE INFORMATION CALL: 011 025 1252: FAX 086 590 5282: E-MAIL [email protected] :

WEBSITE www.thehillinstitute.co.za

Page 3: Engineering & Construction Contract Management · PDF filedistributing and managing risk. ... Contract & Short form, ... Engineering & Construction Contract Management FIDIC, NEC,

REGISTRATION FORM Engineering & Construction Contract Management FIDIC, NEC, JBCC & GCC

Birchwood Hotel - Johannesburg

Total cost per delegate: R10, 990.00

Kindly select your preferred dates:

06 - 08 April 2016

22 – 24 June 2016

Please Note: This fee includes workshop materials, certification,

morning and afternoon Refreshments and lunch.

EN

Attendee (1)

Full Name: Mr./Mrs./Ms__________________________________

Position: _____________________________________________

Cell:________________________________________________

Email:______________________________________________

Attendee (2)

Full Name: Mr./Mrs./Ms__________________________________

Position:_____________________________________________

Cell:________________________________________________

Email:______________________________________________

Attendee (3)

Full Name: Mr./Mrs./Ms__________________________________

Position:_____________________________________________

Cell: ________________________________________________

Email: ______________________________________________

Attendee (4)

Full Name: Mr./Mrs./Ms__________________________________

Position: _____________________________________________

Cell: ________________________________________________

Email: ______________________________________________

AUTHORISING PARTY

Full Name: Mr./Mrs./Ms__________________________________

Position: _____________________________________________

Dept: ________________________________________________

Email: _______________________________________________

Signature: ____________________________________________

YOUR ORGANISATION

Company:_____________________________________________

Address:______________________________________________

City: _____________________________Postcode:____________

Country:______________________________________________

Tel:______________________ Fax:_______________________

Terms & Conditions

Travel & Accommodation

Delegates are responsible for the arrangement and payment of their

own travel and accommodation. Please contact us for further details.

Cancellations

The following charges will apply for written notice received:

30 + days before the course: 10%

15–30 days before the course: 50%

1–15 days before the course: 100%

The Hill Institute reserves the right to offer a conference voucher instead

of a refund for any cancellations either by the client or by the event

organizer, after payment has been done.

Incorrect Mailing

If you are receiving multiple mailings or you would like us to change any

details or remove your name from our database, please contact the

Database Manager at the above address, Tel +27 11 025 1252, Fax +27

86 590 5282or email: [email protected]

Data Protection

The personal information shown on this form, and/or provided by you,

will be held on a database and may be shared with other companies in

the Hill Group of Companies in the South Africa and internationally. If

you do not wish your details to be available to other companies in the

Hill Group please contact the Database Manager at the above

address, Tel +27 11 025 1252, Fax +27 86 590 5282 or email:

[email protected]

INDEMNITY: should for any reason outside the control of The Hill Institute,

the venue or speakers change, or the event be cancelled due to act of

any terrorism, extreme weather conditions, industrial action The Hill

Institute shall endeavor to reschedule but the client hereby indemnifies

and holds The Hill Institute harmless from any costs, damages, and

expenses including attorney fees.

Method of Payment:

Cash or Electronic Transfers Only

Account Name: The Hill Institute

Bank Details: First National Bank

Branch: Lenasia

Branch Code: 250737

Account Number: 62256175847

Swift Code: FIRNZAJJ

FOR MORE INFORMATION CALL: 011 025 1252: FAX 086 590 5282: E-MAIL [email protected] :

WEBSITE www.thehillinstitute.co.za