Course Overview

Construction contracts are the foundation of successful construction projects, defining the rights, responsibilities, and obligations of all parties involved while managing risk and ensuring compliance. Understanding contract types, risk allocation, claims, and dispute resolution is essential for effective project delivery.

The Construction Contracts Intensive Masterclass by Transformentors Academy equips participants with the practical knowledge and skills needed to manage construction contracts confidently. Covering contract structures, FIDIC forms, risk management, variations, claims, and dispute resolution, the programme prepares professionals to navigate complex construction projects and achieve successful contractual outcomes in diverse legal and commercial environments.

Agenda

Day — 1 Fundamentals of Construction Contracts

• Understanding the purpose and importance of construction contracts
• Exploring the contract formation process in construction projects
• Distinguishing between traditional and modern contracting structures
• Reviewing common standard contract forms:
  • FIDIC
  • NEC
  • LOGIC
• Understanding the legal systems that influence construction contracts

Day — 2 Main Issues in Construction Contracts

• Understanding the challenges of competitive tendering
• Assessing the impact of negotiating power on contract outcomes
• Exploring how industry, regional, and legal factors affect contracts
• Defining standards of work and associated contractual issues
• Managing design responsibility and fitness-for-purpose obligations
• Understanding indemnity clauses and their implications
• Addressing insurance requirements and common risks in construction contracts

Day — 3 Claims and Variations

• Identifying the common causes of claims and contract variations
• Understanding the scope and management of work variations
• Managing claims for extensions of time
• Recognising concurrent delays and their contractual implications
• Understanding force majeure events and their impact on projects
• Managing contract termination and related legal issues

Day — 4 Construction Contract Liability and Pricing

• Understanding liability in construction contracts and its legal implications
• Exploring copyright provisions for plans and design documents
• Understanding limits of liability, including fixed sum and lump sum contracts
• Reviewing common pricing methods:
  • Bill of Quantities
  • Schedule of Rates
  • Incentive fees
  • Escalation
  • Economic price adjustment
• Understanding liquidated damages and associated contractual penalties
• Reviewing key liability considerations, including index selection and call-off contracts

Day — 5 Dispute Resolution and Conflict Management

• Identifying common sources of disputes in construction projects
• Applying negotiation techniques to resolve conflicts effectively
• Using collaboration strategies to support dispute resolution
• Exploring dispute resolution methods:
  • Third-party approaches
  • Alternative dispute resolution (ADR)
• Determining the most appropriate dispute resolution approach for different contractual situations
• Strengthening conflict management skills to achieve practical and sustainable outcomes

Day — 6 Principles of FIDIC Contracts

• Understanding FIDIC and its role in construction contracting
• Reviewing the history and evolution of FIDIC contracts
• Exploring FIDIC contract types and their application to different projects
• Understanding the structure and key features of the FIDIC 1999 Edition
• Reviewing the conditions of contract and their practical use
• Examining the relationship between FIDIC contracts and legal systems
• Understanding the importance of risk allocation and management under FIDIC contracts

Day — 7 Responsibilities of the Main Parties under FIDIC

• Understanding the general provisions and responsibilities under Clause 1
• Reviewing the roles and obligations of the Employer (Clause 2)
• Exploring the duties and authority of the Engineer (Clause 3)
• Understanding the responsibilities of the Contractor (Clause 4)
• Examining the role of nominated subcontractors and design responsibilities under Clause 5
• Reviewing key project management provisions:
  • Clause 6: Staff and labour
  • Clause 7: Plant, materials, and workmanship
  • Clause 8: Commencement, delays, and suspension

Day — 8 Testing, Financial Clauses, and Procedures

• Understanding project testing and completion procedures under Clause 9
• Reviewing the employer’s taking-over process and contractor’s liability for defects under Clause 10
• Exploring post-completion testing requirements for plant under Clause 11
• Understanding the measurement and evaluation of contractor performance under Clause 12
• Managing contract variations and adjustments under Clause 13
• Reviewing contract price determination and payment procedures under Clause 14

Day — 9 Suspension and Termination

• Understanding the employer’s rights to termination under Clause 15
• Reviewing the contractor’s rights to suspension and termination under Clause 16
• Exploring risk allocation between contract parties under Clause 17
• Understanding liability and insurance obligations for employers and contractors under Clause 18
• Examining force majeure provisions and their contractual implications under Clause 19

Day — 10 Claims, Disputes, and Arbitration

• Understanding the claims process and dispute resolution mechanisms under Clause 20
• Identifying common construction risks and their impact on contractual claims
• Reviewing procedures for submitting and managing contractor and employer claims
• Exploring amicable settlement methods for resolving disputes
• Understanding the role and responsibilities of the Dispute Adjudication Board (DAB)
• Examining the arbitration process and its application in construction dispute resolution

Learning Outcomes

After completing the Construction Contracts Intensive Masterclass, you will be able to:

• Understand the key principles and elements of construction contracts.
• Identify the legal systems and contract structures used in construction projects.
• Apply standard contract forms, including FIDIC, to manage project risks and responsibilities.
• Manage tendering, contract negotiations, and related legal considerations.
• Handle claims, variations, delays, and time extension provisions effectively.
• Apply dispute resolution techniques, including alternative dispute resolution (ADR).
• Understand the roles and responsibilities of employers, engineers, contractors, and subcontractors under construction contracts.

Who Should Attend

This programme is ideal for:

• Civil engineers
• Project managers and project engineers
• Contract managers and contract administrators
• Subcontract management personnel
• Construction professionals involved in project delivery
• Procurement and supply chain professionals
• Cost consultants and quantity surveyors
• Professionals involved in construction contracts, procurement, and dispute resolution