Construction disputes unfortunately bedevil the construction industry. This course aims to assist those who are in a position to influence contract outcomes to avoid disputes arising by setting up the contract properly and then understanding the requirements of the contract and so implementing the contract procedures correctly.
On completion of this course delegates will have:
- A better understanding of the requirements of the formation of contracts and the problems which can arise when the formalities are not met and/or letters of intent are used
- A better understanding of the requirements of the administration of contracts so as to avoid disputes
- A better understanding of the contractual requirements relating to payment and non-payment to as to avoid disputes
- A better understanding of the different methods of resolving disputes if and when they arise
Course Outline:
- Disputes arising from the formation of contracts, including: the essentials for the formation of contracts; letters of intent; Standard Form contracts; Consultant Appointments; amended contracts; battle of the forms.
- Disputes arising from contract administration, including: instructions and variations; extensions of time; contract programmes; delay analysis; concurrent delay; liquidated damages; non-completion certificates; withholding notices; defects; termination
- Disputes arising over payments, including: sums due v sums certified; sum applied for = sum due – no second chance; variations; dayworks; loss and expense; Head Office overheads and profit and use of formulae; defects; termination
- The different methods for dispute resolution, including: choice of tribunal; Mediation – formal and informal; Adjudication; Arbitration; Litigation
This course is based upon current legislation and draws upon case law to show how better awareness of the correct contractual procedures will help to avoid disputes.
This course is not based upon any particular form of contract -- however, most of the case law arises from JCT contracts.
Mode of Delivery:
This course consists of lectures supported by comprehensive seminar notes and group exercises and discussion.
Intended For:
Senior or experienced practitioners, usually in a senior management role, who wish to manage their contracts effectively so as to seek to avoid disputes.
Pre-Course Requirements:
There are no specific pre-course requirements, but delegates attending this course should already have an understanding and appreciation of the requirements for:
- Entering into a formal contract and the use of letters of intent
- The administration of contracts, issuing instructions, payment notices and extensions of time
- The certification of payments, valuation of variations and loss and expense
- Dispute resolution
