School Event

Contract Law & Advanced Contract Law

Overview

Whether you are a contractor, project manager, employer, developer, subcontractor or administrator you work with construction contracts. But how many people have training in contract law? How many understand the contractual implications of their decisions? How often are rights given away just because people don’t understand their contracts? Can you honestly say that you have never found yourself on shaky legal ground?

Everyone in the construction industry is involved with contracts but few people are familiar with contract law. Whether you are an experienced contract manager or a subcontractor new to the industry you should be keeping abreast of contract law. If you don’t know your contract you risk losing the competitive edge.

Course Outline

       Entering into the contract including: Tendering procedures the letter of intent, what happens when you have not agreed all the terms when work starts.

       Contractual relationships between the employer, the contractor and subcontractors.

       Ownership of goods stored on site.

       Liability of contractor for defects/delays in subcontractor’s work.

       Roles and functions of the project manager, employer, contractor.

       Breach of contract and damages including penalties & liquidated damages.

       Variations and instructions.

       Allocation of risk under the common law.

       Claims for extra time/additional money.

       Time barring and notice provisions.

       The programme & the float.

       Disruption and acceleration.

 

Learning Outcomes

       An appreciation of the importance of reading, understanding and applying their contract

       An understanding of the common law background to construction contracts;

       An awareness of common misconceptions around contract law;

       An awareness of how the law is developing and what we can expect to see in contracts in future;

       Practical skills in assessing contractual risk and applying their contracts; and

       An understanding of the importance of the contractual provisions to the success of any project.

       An awareness of common misconceptions around contract law;

       An awareness of how the law is developing and what we can expect to see in contracts in future;

       Practical skills in assessing contractual risk and applying their contracts; and

       An understanding of the importance of the contractual provisions to the success of any project.

       An appreciation of how the common law allocates risk and how construction contracts change this;

       An understanding of the process of awarding contracts;

       An understanding of the risks involved when tendering, dealing with letters of intent and starting work without agreement on all contractual terms;

       An enhanced ability to foresee and avoid problems when tendering or awarding contracts;

       An awareness of common misconceptions around concepts of fairness and undue enrichment;

       An awareness of common misconceptions when dealing with claims for time or money;

       An understanding of the relationships between the employer, the contractor and subcontractors and an appreciation of how this affects their rights;

       An understanding of when contractors are liable for defects/delays in subcontractor’s work and enhanced ability to foresee and prevent problems

       An understanding of the roles and functions of the project manager, employer, contractor

       An awareness of the risks involved where there is a breach of contract;

       An understanding of how the law sees damages including penalties & liquidated damages

       An understanding of how standard construction contracts deal with variations and instructions

       Enhanced skills in recognizing, promoting and avoiding claims for extra time/additional money

       Practical skills in dealing with time barring and notice provisions

       An understanding of how construction contracts deal with the programme & the float

 

Who should attend?

·         Engineers, architects, consultants

·         Contractors and Subcontractors

·         Developers, Employers Clients

·         Accounting officers

·         Members of local government

·         Government officials involved in construction contracts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dates and Times:
  • Wed 12 July 2017  08:30 to 16:30
  • Thu 13 July 2017  08:30 to 16:30
Type: Seminar
Venue: CESA Training Centre, Johannesburg , Paulshof
Fee: R 7 464.74 excl. VAT
R 8 509.80 incl. VAT
R500.00 discount incl. VAT for CESA members
CESA Validation Num: CESA-725-06/2018
CPD Points: 2
Coordinator: Blessings Banda
Provider: BCA
Presenter: Hugh Lane