On-Site Training Only  
 Length: 2 days 
 Number of Participants: Up to 20
 Materials: Notebooks and handouts provided
 

This Seminar deals with the common and prevalent contractual issues that arise in today’s highly competitive construction industry - the timely completion of projects, payment of liquidated damages and claims for additional cost and loss & expense.

Target audience

• Employers
• Consultants
• Architects, Engineers, Quantity Surveyors and Planners
• Senior Project Managers
• Senior and middle management employed by Contractors
• Sub-Contractors and Suppliers
•  Government Bodies

BENEFITS OF ATTENDING

• Keep abreast of the developments in the assessment of delay and disruption in the construction industry
• Apply Advanced Scheduling techniques
• Achieve measurable performance improvements
• Learn how to tailor reports to summarize appropriate information
• Confront real-life project problems using experience gained from hands-on classroom challenges
• Network to find out how your peers handle projects in organizations worldwide
• Address many of today's toughest challenges with increased knowledge and confidence
• Be better equipped to administer contracts let on a design and construct basis

What participants will learn and be able to use in their work after attending this workshop

• Keep abreast of the developments in the assessment of delay and disruption in the construction industry.

·         Develop a recovery plan for any troubled project Conduct in-depth evaluations of schedules for critical path, early completion, float sequestering, and overall validity

·         Determine the appropriateness of delay claims 

Program Outline 

Day One

COST, TIME AND PROCUREMENT PRACTICES

• Cost Estimates, Cost Budgets and Cost Control
• Estimating methods, Reserves and Contingencies
• Progress Monitoring - Earned Value Management
• Financial Tools - NPV, IRR, Payback Period, Discount Rate
• Capital investment vs. maintenance costs
• Cost Management Exercise
• Activity Definition, Sequencing and Duration Estimating
• Schedule Development and Control
• Time Management Exercise
• Plan Contracting, Contractors’ Proposals
• Pre-qualification
• Preparation and evaluation of Tenders
• Contract Documents and Contract Award
• Contract Administration and Contract Closure
• Procurement Management Exercise

ROLES OF THE STAKEHOLDERS

• Roles of the Architect and the Engineer
• Details to be included & decisions taken by the Employer
• What is left to the contractor to decide
• Appointment of site staff

PROJECT RISKS

• Contractors' risks
• Dealing with unforeseen hazards
• Physical Conditions and Obstructions
• Critique of “... which could not reasonably have been foreseen by an experienced contractor...”
• Drawing approval and specification changes.
• P.I. insurance
• Discrepancies and pricing errors

SUBCONTRACTS

• Nominated and domestic
• Subcontractor conditions
• Securing payment
• Set off

PAYMENT

• Pay when paid provisions
• Direct payments
• Contingency fees
• Repudiation for non-payment

Day Two

VARIATIONS AND THEIR EVALUATION

• Claims for Items Omitted from the BOQ
• Variations and Provisional Sums
• Power to instruct variations

TIME CLAUSES AND CLAIMS

• The Works Program.
• “Time of the essence”, “Time at large” and “Due diligence”
• Extension of time provisions, notice, particulars and grounds for extending time.
• Float and concurrent delay
• Demonstrating and assessment of delay - “As planned impacted analysis”, “As-built but-for analysis” and “Window analysis”.
• Do provisional quantities give rise to EOT?

MITIGATION, ACCELERATION & DAMAGES

• Extent of the duty to mitigate loss in relation to project delays
• Provisions requiring reasonable or best endeavors to avoid or reduce delay
• Constructive acceleration - entitlement to reimbursement
• Challenges to liquidated damages

PROJECT COMPLETION PRACTICES

• Practical completion
• Non-Completion and Damages
• Suspension of the Works
• Defects

DEFINITIONS

• Contemporary records
• Extra over
• Hudson formula
• Economic duress
• Fair evaluation or quantum meruit
• Making good defects
• Fitness for purpose and reasonable skill and care

LOSS & EXPENSE CLAIMS

• Heads of a loss and expense claim under a construction contract
• Claims for reimbursement for delay, disruption, prolongation, head office overheads and finance charges.
• Payment of interest, and loss of profit
• Prolongation – Cost or Value
• Global claims, level of supporting detail and records ordinarily required substantiating a claim for loss and expense.

DISPUTE RESOLUTION

• Negotiation
• Expert Evidence
• Mediation
• Exercise
• Arbitration