- Duration: 12 Days
In this program you will learn about...
This program provides a comprehensive practical briefing on the issues and details of effective contract administration, claims management and negotiating settlements through a unique multidiscipline (Technical-Legal-Management-Audit-Finance) look at the issues. All Good Business Contract Decisions take into account Multi-discipline Inputs.
By program end the participant should be able to: understand good contract administration practices, understand the contractual issues on real contracts, understand the Technical-Legal-Management Concerns on Contracts, make correct interpretation of contracts, know when to seek legal opinion, identify situations that could lead to increased liability for his organization, properly document situations to the extent required to protect his company's interests, recognize actions and inactions that lead to wastage of contract time resources. He will get a winning prospective of the Legal-Technical-Audit-Planning-Management concerns on the contract and be empowered to take the right win-win decisions.
The Management-Engineering-Legal-Scheduling-Audit Issues on Contracts.
Rights, Duties and Implied Obligations of the Parties under:-
- Your Contract
- Under Local Laws Regulations
- Under International Law
Rules and Doctrines of Precedence and Interpretation of Contracts Contractual Obligations
- As decided by Courts
- As applied by Arbitrators
- Interpretations during Contract Execution
Days 2, 3, 4
For Typical Works Supply Contracts -Clause-by-Clause Discussion of:
- Implication of the Contract Provisions the Way they are to be Analyzed
- Procedures Notices
- Documentation requirements
- Claim Risk Areas
- What Risks can (and can not) be transferred
- Productivity Issues
- Management Concerns
Making Tendering Procedures More Effective:-
- Prequalification Procedure
- Tendering Procedure, Public Tender Law
- Tender/Bid Evaluation
Transferring Risks not legally effective Just by Drafting…
- When Risk Transfer is actually considered Complete in Law?
Advantages, Disadvantages and When to Use:
- Cost Reimbursable Contracts
- Fixed Price/ Lump Sum, Bill of Quantities
- Construction Manager Contracts
- Single General Contractor, Multiple Prime
- Fast Track Contracting
- Turn Key Contract, EPC, BOOT
- Joint Ventures
Design Supervision Contracts
- How to protect your interests.. the issues
- Selection, Managing, Audit Control of Consultant’s Design Activity.
- Consultant Contracts: Analysis and Contract Administration. Conditions to Check for and Include to Protect Owner’s Interests.
- Consultant’s Insurance, Exclusions Warranties.
Contract Administration Review - the bigger picture - Engineering/ Management/ Legal/ Audit Viewpoints.
CLAIMS ON PROJECTS
- Nature of Claims
- Constructive Variations Issues
- Liability Establishment
- Causation Proof
- Damage Quantification
- Mitigation Responsibility
- Tests to Check Reasonableness.
Schedules CPM Techniques for Causation Establishment…
- Contractual Aspects of the Different Project Schedules: Tender, Mobilization. CPM, Monthly-Weekly- Daily Schedules
- CPM: Scheduling Application
- Real-life Limitations (Practicality)
- Schedules/CPM to Establish Causation
- Approval Issues: CPM Schedules
- Impact Calculation - Delays Disruption
- Productivity and Management Concerns
Fair Reasonable Price Determination and Impact Calculation (VO’s Claims)
- Direct Costs
- Indirect Costs, Overheads
- Other Contractual Factors to Consider
Methodology, Techniques and Contractual/ Legal Allowability (Entitlement) Rules for Development and Analysis of Rates/ Prices Used in VO’s Claims
Days 9, 10
Managing Meetings For Negotiating Settlement of Disputes Claims
Negotiating VO’s Claims
- Deadly Negotiating Skills
- Games/Tricks Others May Play
- Bargaining Strategies Tactics
- Options, Contractual Arrangement
- Settlement by Negotiations
- Mediation, Arbitration, Courts
- Cost-Benefit Considerations
- Management Audit Concerns
Worthwhile Project Closedown Reporting
Management Auditing of a Contract to Identify, Measure and Evaluate Performance Bottlenecks and Suggest Improvements.
About Petro Training - Malaysia
The adage that “knowledge” is power holds very true in this industry. In order to maximize results we are constantly updating and upgrading ourselves. This commitment to ongoing skills development is one of the reasons we are success, the belief that there is a “better way to do things” is what motivates us each and every day. By aligning with us you are going to benefit from our years of expertise in real world scenarios. Classroom learning is great but there is no substitute to real world experience which is what we are bringing to the table.See all Petro Training - Malaysia courses