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