Dealing with Construction Contracts and claims
A two day workshop
VALIDATED for 1.5 CPD Points SAICEbus13/01291/16
It is unusual to have a construction project where there isn’t a claim for extra time or additional money. Even in the most generous economic climate such claims are commonplace. And as profit margins become tighter so more claims are brought and claims are more vigorously pursued and defended. It has become increasingly important for contractors sub contractors and professionals to understand what causes claims and how they are pursued, defended and resolved. Since most disputes revolve around claims for additional time or money, or disagreements as t the quality of the work we focus, in this two day workshop
Some of the topics covered in this two day workshop include:
Time
- Quantifying delays: the role of the programme;
- Concurrent delays;
- Dealing with disruption;
- Acceleration claims; and
- Common causes of delay.
Money
- Time related costs;
- Costs, profits, overheads;
- Delay damages and damages for breach of contract;
- Cash flow, donor funding and economic hardship;
- Late payment; and
- Interest, liquidated damages and general damages.
Defects
- What is a defect ? * Certificates, approvals and defects
- Fitness for purpose * Latent and patent defects
- Defective design vs defective workmanship * Time for remedying defects
- Free issue material
- Quantifying the value of defective work
Presenting and Defending Claims
- Global Claims
- Contemporary records
- Time bars and notice provisions
Common Bases for Claims
- Instructions and variations
- Compliance with statutory obligations
- Delays by sub-contractors
- Force majeure and Employers risk events
- Unforeseeable physical conditions
- Frustration
- Availability of materials
- Weather conditions
Learning Objectives for Time Money and Quality Workshop
This two day course focuses on the three pressure points of time, money and quality. Delegates who have attended this course will gain:
- An understanding of the role played by time, money and quality in determining the risk profile of a project;
- An understanding of the role played by time, money and quality in the success of a project;
- An understanding of how claims for time, money and quality play out in practice.
In particular, delegates should achieve the following objectives relating to time:
- An understating of how delays are quantified;
- An understanding of disruption and its effects;
- The ability to recognize and deal with acceleration; and
- The ability to recognize and avoid common causes of delay.
Delegates should also achieve the following objectives relation to money:
- An understanding of when time related costs may be claimed;
- The ability to distinguish between costs, profits, overheads and an understanding of when each one can be claimed;
- An understanding of penalties and damages for breach of contract;
- An understanding of the contractor’s rights when payment is made late.
Delegates should achieve the following objectives relating to quality:
- An understanding of how the contracts define a defect;
- An understanding of the risks associated with fitness for purpose;
- The ability to distinguish between liability for defective design and liability for defective workmanship;
- An understanding of the risks associated with free issue materials;
- The ability to recognize problem areas relating to certificates, approvals and defects;
- An understanding of the different legal rules for latent and patent defects; and
- An understanding of how long the contractor has within which to remedy defects.
Delegates will also gain practical understanding of the following aspects of claims:
- Dealing with global claims;
- The importance of Contemporary records;
- The importance of properly handling time bars and notice provisions;
- The ability to recognize the common bases of claims;
- The risks associated with sub-contractors; and
- The risks which the employer assumes;
- The risks which the contractor assumes.
COST:
Prices vary according to venues. Please consult the regional registration forms.
DISCOUNTS:
The following discounts are available:
- Group Discounts of 10% available for a Company simultaneously registering 3 or more delegates.
Discounts are subject to payment being received prior to the seminar.
REGISTRATION PROCESS:
Complete the registration form & send to Norah at fax (011) 888 1068
email: norah@bca.co.za or call Sue at (011) 888 6141 or www.bca.co.za