Masterclass in Construction Contract Law

Introduction:

Due to their nature, construction projects often face multiple contractual disputes and conflicts, which negatively impact organizational performance and profitability. The complex nature of construction tasks and transactions further exacerbates these issues.

This Masterclass in Construction Contract Law aims to clarify the causes of these issues and provide strategies for their resolution.

Emphasizing a shift from traditional to modern, transparent, and cooperative contracting practices, this course highlights the benefits of reducing disputes and increasing profits for all stakeholders.

The Masterclass in Construction Contract Law offers a comprehensive overview of the entire construction contract lifecycle, focusing on methodologies for negotiation, drafting, and management within the construction industry. Participants will gain an in-depth understanding of contract complexity and dispute management.

The course includes a Construction Contract Law Seminar, where participants will engage with professionals and deepen their knowledge of construction law and management. Successful completion may lead to obtaining a Construction Contract Management excellence, enhancing professional qualifications and expertise in construction contract management.

Objectives:

By the end of this Masterclass in Construction Contract Law course, participants will be able to:

• Grasp the nature of contracts and identify common issues prone to challenges.
• Explore contract clauses that frequently lead to disputes.
• Cultivate a cooperative attitude towards construction contracts.
• Assess the benefits and risks of collaborative approaches and mitigation strategies.
• Acquire a global perspective on construction contracts.
• Learn effective dispute resolution techniques.
• Understand key challenges in engineering and construction contracts.
• Analyze common causes of project delays.
• Propose improvements to current practices.
• Demonstrate how collaboration can advance engineering and construction practices.

Training Methodology:

• Lectures and presentations
• Case studies
• Interactive workshops
• Role-playing and simulations
• Group discussions

Course Outline:

Unit 1: The Fundamentals of Construction Contracts

• The necessity and role of contracts in construction projects.
• Issues related to construction contracts.
• Standard form contracts (e.g., FIDIC, NEC, JCT).
• Factors influencing control levels in bargaining.
• Competitive procurement concerns.
• Industry-specific and geographical considerations.
• Differences in national laws and regulations.

Unit 2: Major Problem Clauses in Construction Contracts

• Design responsibility.
• Contractor-provided designs.
• Quality of work and fitness for purpose.
• Compliance with policies and standards.
• Variations, time, and cost issues.
• Force Majeure and intellectual property.
• Exclusions, indemnity provisions, and insurance.
• Minor issues: notices, entire agreement, incorporation by reference.

Unit 3: Traditional Approaches to Construction Contracts

• Cost contracts and itemized work.
• Fees, escalation, and price inflation management.
• Economic adjustment mechanisms.
• Labor market issues and index selection.
• Call-off contracts.

Unit 4: Exploring Non-Conventional Approaches

• Rationale behind novel contracting models.
• Build Operate Transfer (BOT) and other regulations.
• Open book approach benefits.
• Collaborative benefits and risk management.

Unit 5: Disputes: Avoidance and Resolution

• Sources of conflict and dispute avoidance techniques.
• Negotiation and traditional third-party methods.
• Court litigation, arbitration, adjudication, and other methods.
• Mediation and conciliation.
• Early case evaluation, expert judgments, and cost-effective resolution techniques (e.g., review boards, pendulum arbitration, mini-arbitration).