Training Course on Construction Contract Administration and Law

Training Course on Construction Contract Administration and Law

Introduction

Navigating the complexities of construction contracts and the intricacies of construction law is paramount for success in today's dynamic building environment. Training Course on Construction Contract Administration and Law equips professionals with the essential knowledge and skills to effectively administer construction agreements, mitigate risks, and ensure legal compliance. By mastering contract administration best practices and understanding the nuances of construction claims management, participants will enhance project efficiency, reduce disputes, and safeguard their organizations' interests. This program delves into critical aspects such as contract interpretation, change order management, and dispute resolution in construction, providing practical insights and actionable strategies applicable across diverse project scales and complexities.

This intensive course addresses the growing demand for expertise in construction project management law and the need for robust understanding of legal frameworks in construction. Participants will gain a thorough grounding in key legal principles, including liability in construction, contractual obligations, and risk allocation in construction projects. Through real-world case studies and interactive exercises, learners will develop the confidence and competence to handle complex contractual situations, ensuring adherence to regulatory compliance in construction and fostering successful project outcomes. Mastering these areas is crucial for professionals seeking to excel in construction management careers and contribute to the smooth and legally sound execution of building projects.

Course Duration

5 days

Course Objectives

Upon completion of this training course, participants will be able to:

1. Interpret construction contract documents effectively, identifying key obligations and responsibilities.
2. Apply contractual clauses in construction to real-world project scenarios.
3. Manage change orders and variations in construction projects according to contractual terms.
4. Understand the principles of delay and disruption claims in construction.
5. Implement effective payment administration in construction contracts.
6. Navigate the processes of dispute avoidance and resolution in the construction industry.
7. Identify and manage project risks and liabilities within a contractual framework.
8. Ensure regulatory compliance in construction project execution.
9. Understand the fundamentals of construction insurance and bonding.
10. Apply principles of contract law in construction to daily project management.
11. Master techniques for negotiating construction contracts and agreements.
12. Understand the legal implications of project close-out and final account.
13. Utilize digital tools for contract administration in construction projects.

Organizational Benefits

• Proactive contract administration minimizes disputes and potential litigation.
• Clear understanding of contractual obligations leads to smoother project execution.
• Identifying and mitigating contractual risks protects the organization's interests.
• Ensuring adherence to legal and regulatory requirements avoids penalties.
• Effective contract management contributes to successful and profitable projects.
• Equipping staff with specialized knowledge elevates overall team competence.
• Clear contractual understanding fosters trust and collaboration.
• Demonstrating strong contract management capabilities enhances reputation.

Target Audience

1. Project Managers
2. Contract Administrators
3. Construction Managers
4. Quantity Surveyors
5. Engineers (Civil, Structural, Mechanical, Electrical)
6. Legal Counsel involved in Construction
7. Commercial Managers
8. Employers' Representatives

Course Outline

Module 1: Fundamentals of Construction Contracts

• Introduction to Contract Law Principles
• Types of Construction Contracts (e.g., Lump Sum, Cost Plus, Unit Price)
• Key Elements of a Valid Contract
• Understanding Contract Documents and Hierarchy
• Case Study: Analysis of a standard form of contract (e.g., FIDIC, JCT)

Module 2: Contract Interpretation and Obligations

• Rules of Contract Interpretation
• Implied Terms and Obligations
• Express Terms and Conditions
• Time for Completion and Extensions of Time
• Case Study: A dispute arising from ambiguous contract language.

Module 3: Managing Variations and Changes

• The Concept of Variations and Change Orders
• Procedures for Implementing Changes
• Valuation of Variations and Claims
• Impact of Changes on Time and Cost
• Case Study: A complex change order negotiation and resolution.

Module 4: Payment and Certification

• Payment Terms and Schedules
• Interim and Final Payment Certificates
• Withholding and Set-Off
• Payment Disputes and Remedies
• Case Study: A dispute over non-payment and its contractual implications.

Module 5: Delay, Disruption, and Loss

• Causes of Delay and Disruption
• Entitlement to Extensions of Time
• Claiming for Prolongation and Disruption Costs
• Liquidated Damages vs. Actual Loss
• Case Study: A major project delay and the assessment of associated costs.

Module 6: Risk Management and Liability

• Identifying and Assessing Construction Risks
• Allocation of Risks in Contracts
• Principles of Negligence and Liability
• Insurance and Bonding in Construction
• Case Study: An analysis of liability for defective works.

Module 7: Dispute Avoidance and Resolution

• Strategies for Avoiding Disputes
• Negotiation and Mediation Techniques
• Adjudication and Arbitration Processes
• Litigation in Construction Disputes
• Case Study: Successful use of mediation to resolve a significant dispute.

Module 8: Contract Close-Out and Final Account

• Procedures for Project Completion and Handover
• Final Account Preparation and Agreement
• Defects Liability Period and Rectification
• Release of Retention Money
• Case Study: Issues arising during the final account stage and their resolution.

Training Methodology

This course will employ a blended learning approach incorporating:

• Interactive lectures and presentations
• Group discussions and collaborative exercises
• Real-world case study analysis
• Role-playing and simulation activities
• Practical workshops on contract drafting and management
• Q&A sessions and knowledge sharing
• Use of digital platforms for resources and communication

Register as a group from 3 participants for a Discount

Send us an email: info@datastatresearch.org or call +254724527104 

 

Certification

Upon successful completion of this training, participants will be issued with a globally- recognized certificate.

Tailor-Made Course

 We also offer tailor-made courses based on your needs.

Key Notes

a. The participant must be conversant with English.

b. Upon completion of training the participant will be issued with an Authorized Training Certificate

c. Course duration is flexible and the contents can be modified to fit any number of days.

d. The course fee includes facilitation training materials, 2 coffee breaks, buffet lunch and A Certificate upon successful completion of Training.

e. One-year post-training support Consultation and Coaching provided after the course.

f. Payment should be done at least a week before commence of the training, to DATASTAT CONSULTANCY LTD account, as indicated in the invoice so as to enable us prepare better for you.