Mastering Construction & Engineering Contracts

(FIDIC, NEC, GCC and JBCC)

Overview:

We bring a unique hands-on and practical approach to the FIDIC, NEC, JBCC and GCC contract and contract management training courses.

The various contracts will be compared initially based on the General Principles of Contract, then based on the ‘Works Contract’ (Locatio Conductio Operis), then based on the PMBok®. Thereafter, the incidental terms of FIDIC will be analyzed and contrasted with NEC, JBCC & GCC. Then NEC3 will be considered and compared with FIDIC, JBCC &
GCC where this has not yet been done. Next JBCC & GCC will be analyzed for issues not yet discussed and contrasted with FIDIC NEC and each other.

Who should attend?

Contractors, Subcontractors, Engineers, Consultants. Quantity Surveyors,
Lawyers; Advocates, Architects, Landscape Architects, Project Managers;
Technologists; Construction Health and Safety Agents and Officers; Arbitrators, Mediators, Legislators, Procurement Sales and Financial and anyone else with in interest in construction contracts or the built environment is welcome and will  certainly benefit from attending this accredited training webinar.

Date:

  • 24-25 June 2024
    (2 Day Training)

Time:

8:30 – 16:30 Daily

CPD Points:

2 CPD Points- ECSA
12 CPD Hours- SACPCMP
12 CPD Hours- ASAQS
2 CPD Credits- SACAP

Fees:

R6490 + vat (Early Bird)
R6999 + vat (Standard)

Training Outcomes:

Participating delegates will be learning:
• Processes applicable to contract variations, compensation events or
claims for an extension of time and additional payment. Etc…
• Dispute resolution mechanisms under FIDIC, NEC, JBCC and
GCC2010 Claims or Compensation Events under NEC
• Structure and Formation of the ECC3 & Contract Strategy

Session 1

Putting The Tender And Contract Together

  • The Correct Way In Which To Draft, Prepare And/or To Complete The Contract Agreement, Appendix To Tender, Particular Conditions, Employer’s Requirements / Specifications / The Works Information, The Contract Data And Other Schedules Will Be Discussed And Demonstrated.

Use And Revision Of The Program And Other Time

  • Related Matters And Obligations The Requires Of Each Contract That Relates To The Time For Completion, The Obligation To Provide And Update A Program, How The Program Should Be Complied Etc. Will Be Discussed. Attention Will Also Be Given To Early Warnings And Other Obligations That Relate To The Timeous Performance Of The Works And What Remedies, If Any, Are Available In The Event Of Breach Or Failure By The Contractor To Comply With These

Session 2

Role Of The Engineer/ Principal Agent/ Project

  • Manager And Supervisor In Administering The Contract An In Depth Look Will Be Taken Of Role And Responsibilities Of The Employer’s Agent/ Representative, Including The Making Of “determinations”, Issuing Of Certificates, Issuing Of Instructions Etc.

Payment Provisions

  • The Procedure To Follow In Order To Submit Applications For Interim And Final Payments, The Applicable Payment Procedures And Payment Terms Will Be Discussed. The Differences Between Measurable And Lump Sum/fixed Price Contracts Will Also Be Discussed. Reference Will Also Be Made To The Other Types Of Nec Contracts That Exist (E.g. Target Cost Contracts).

Session 3

Variations

  • The Reason For And Extent Of Variations That May Be Ordered Will Be Discussed As Will Be The Procedures To Follow In Order To Deal With The Time And Cost Implications Of Variations. The Clauses Applicable To The Valuation Of Work That Has Been Executed, The Adjustment Of Rates And Revision Of The Lump Sum Price Due To Variations Will Be Investigated.

Session 4

Contractor’s Claims For A Revision Of The Completion Date And/or For The Payment Of Additional Cost. Claims By The Employer

  • The Procedures Relating To Notification And Submission Of Claims For Additional Time And Cost As Well As Nec Compensation Events Will Be Discussed. Attention Will Be Given To Reasons For The Prevalence And High Incidence Of Claims And How, Possibly, To Avoid Claims From Arising. The Manner In Which Claims Must Be Quantified As The Use And Value Of Contemporary And Other Records Will Be Discussed. Issues Relevant To Claims (E.g. Current Delays, The Delay And Disruption Protocol, Various Heads Of Claims Etc) Will Be Discussed. The Events Giving The Contractor A Right To Claim, Including Force Majeure Events, Delays Attributable To The Employer And The Employer’s Personnel, Employer’s Risks Etc Will Be Discussed In Detail. This Session Aims At Providing Learners With Tips And Guidance On How To Prepare And To Submit Claims Correctly, Thereby Reducing The Risk Of Claims Being Rejected Or Dismissed. Claims Which The Employer Has And May Bring Against The Contractor Will Also Be Discussed.

Session 5

Quality Control

  • Provisions Relating To Quality Control, Defective Workmanship, Liability For Errors In The Design, Tests, The Take Over Certificate, The Works Certificate And The Defects Notification Period, Defects Correction Period Amongst Others, Will Be Discussed.

Termination, Dispute Resolution, And Claims

  • The Grounds And Procedures To Be Adopted Should Any Party Wish To Terminate The Contract Will Be Discussed As Well As The Procedures To Notify And To Refer Disputes. An Explanation Of The Role And Function Of The Adjudicator And Arbitrator Will Be Discussed And The Differences Between These Two Dispute

Session 6

Case Studies And Scenarios

  • Practical Examples And Exercises
  • Discussion On The “force Majeure” Clause And How It Relates To
    Each Contract

How Much?

Early Bird: R6490 + vat
Standard: R6999 + vat

When?

Date: 24-25 June 2024
Time: 08:00am 16:30pm (CAT Daily)

Discounts?

3-5: 5% off
6-10: 10% off
+11: 15% off

FAQ:

This is a 2-day interactive training webinar covering in detail the four major suits of contract prescribed for use by the CIDB, namely: FIDIC 2017, NEC4, JBCC and GCC 2015 (3rd Edition) Contracts,

The training is accredited with the following councils/associations:

ECSA- 2 CPD Points
SACPCMP- 12 CPD Hours
ASAQS- 12 CPD Hours
SACAP- 2 CPD Credits

Catering services will be offered by UBER Eats- Delegates to receive meal vouchers Daily, provided Uber Eats is available in your area*

What Do I Need?

Each delegate will need the following to attend:

  • Steady Internet connection for the duration of the training
  • Laptop / PC / Smart Phone and Power supply (Charger)
  • Zoom Meeting Software installed onto your laptop /
  • PC / Smart Phone
  • Quiet Space

Preferable but not compulsory:

  • Headset / Ear Phones to clearly hear the facilitator

About The Trainer?

Gavin Weiman is a highly experienced attorney, consultant and training facilitator, with extensive (over 25 years) legal experience and (over 19 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™.

Terms & Conditions

Payment Terms:

  • Payment is required within five (5) working days on receipt of tax invoice.
  • Following completion and return of the registration form, full payment is required within five (5) working days from receipt of tax invoice.
  • We reserve the right to refuse admission and withhold CPD points and certificate if payment is not received on time, a payment or an official purchase order must be received prior to the conference or training seminar.

Fees:

  • Fees are exclusive of VAT
  • Bulk discounts are not calculated on early bird price. Invoiced amounts need to be paid on or before the early bird date to receive the rate.

Cancellation Policy:

  • All cancellations must be sent in writing at least 10 working days prior to the event.
  • Cancellations within 10 working days before the event starts will not receive any refund and will be liable for the full invoiced amount, however, a substitution of the delegate will be allowed.

Indemnity:

  • Should for any reason outside the control of BEST Training events, the dates or speakers change, or the event is cancelled due to an act of terrorism, extreme weather conditions or industrial action, BEST Training shall endeavour to reschedule but the client hereby indemnifies and holds BEST Training harmless from and against any and all costs, damages and expenses, including attorney’s fees, which are incurred by the client.
  • The construction, validity and performance of this agreement shall be governed in all respects by the laws of South Africa and to the exclusive jurisdiction of whose courts the parties hereby agree to submit.

No-shows:

  • Registrants who do not attend the event, without written notices as per the cancellation policy will be liable for 100% of the invoiced amount.

Important Notice:

  • The booking form below constitutes as a legal binding contract.
    Whilst every reasonable effort will be made to adhere to the advertised brochure(s), BEST Training reserves the right to change dates of events if the need arises.

GET IN TOUCH WITH US

We want to hear from you. The team at BEST Training has experience in the Built Environment and offers a range of various courses and webinars when you need it most.

If you have ANY questions, contact us.