إدارة عقود البناء

د.أ 3000

تطبق ضريبة القيمة المضافة 5%

للأسف ليس لدينا برامج لهذه الدورة في الوقت الحالي ، سجل اهتمامك بهذه الدورة وسنعاود الاتصال بك قريبًا

وصف الدورة

This program is designed to help you enhance your knowledge of your key duties, responsibilities and potential liabilities in the area of construction contracts. You will have the opportunity to examine a number of critical legal areas that are relevant to your organisation, cases laws will be discussed with the participants for better understanding on the subject.

The three-day practical workshop will help delegates enhance their skill on the subject, resulting in a positive impact on the bottom line of the company

Learn how to create a formal contract
Deal with contractual clauses that minimises contractual risk
How to effectively read tender/bid documents/proposals.
Understand how to deal with and focus on impacts and risks in Variation Clause
Understand in details entitlement to EOT and concept of Time At Large.
Understand Delay Claims
Understand, identify and learn about risks and costs involved when dealing MOU/LOI and NDA
Suggestion on how Claims can be avoided and focus on best practices on contractual correspondence.
Understand the pitfalls in writing Scope of Work (SOW)
Understand methods involved in measuring Contractor Performance.
How to deal with dispute and dispute resolution clauses in a contract.
International Best Practices

Course Outline

Day-1

1. Contract Law Principles- How are Contracts Formed.

When does an Agreement become a Contract?

When does a LOI/MOU (Letter of Intent /Memorandum of Understanding – become a contract

Contracts
Offer or Proposal
Rejection of an offer / Counter offer.
Acceptance
Consideration
Essentials of Valid Contract
Free Consent
Quasi Contracts
Performance of Contract
Battle of Forms

2. Commercial Terms and Conditions in Contract/Tender-Bid Document

Thorough understanding of clauses, which deals allocation of Risks

Taking preventative steps in Mitigating the Risk

Indemnity
Assignment and Delegation
Successors and Assigns
Limitation of Liability/Total Liability Cap
Third Party Liability
Force Majeure
Damages, Liquidated Damages/ Penalty
Consequential Damages
Negligence/Gross Negligence and Wilful misconduct
Exclusive Remedy Provisions
Governing Law
Insurance
Subrogation and Waiver of Subrogation.
Representations
Warranty
Warranty and Guarantee

3. Identifying risk involved and cost implications in

Letter of Intent (LOI)
Memorandum of Understanding (MOU) and
Non-Disclosure Agreement (NDA)

Understand International Best Practices

4. Scope of Work/Statement of Work (SOW)

Understanding Scope in detail
Pitfalls in dealing with Scope
Guideline for drafting Effective SOW
Managing SOW
Case Study

Day -2

5. Commercial Terms in a Contract

Understanding Bid Bonds
Advance payment Bonds
Difference between Bonds and Guarantees
Performance Bond/Security
Retention Money/Bond
Comfort Letter
Letter of Credit
Parent Company Guarantee
Contract Price

6. Types of Contracts

Fixed Price Contract or Lumpsum Contracts
Cost Reimbursable Contracts
Time and Material Contracts
Unit rates
Maximum Price
NAPNOC
Measurable
Re-measurable contracts

7. IPR Rights in a Contract

IPR Ownership Rights in a Contract

Dealing with Variations

Definition of Variations
Variations and SOW
Variation Power
Limits on Power to direct variations
Formal requirement of Variation Clause

Measuring Contractor Performance

Understanding typical methods for measuring contractor Performance
Taking preventative steps in reducing claims when dealing with Contractor performance

Learn Contractual Correspondence when dealing with claims