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DRAFTING ENFORCEABLE Contracts Conditions

DRF-302  (6 day)

Drafting Enforceable Contracts & Conditions

Ensuring: Enforceability, Desired Performance Effective Risk Transfer. Covering Project, Services and Procurement Contracts.

Integrating Law, Methods, Engineering Practice Technology Issues

  • Avoiding Unnecessary Disputes

  • Avoiding Claims

  • Effectively Transfer Risks to Other Parties

  • Prevent Legal Non-Enforceability of Your Drafted Conditions

Program Dates:

Worldwide Training Dates USA Training Schedule
  • 8-13 Oct 2008 (London)

  • 3-8 Nov 2008 (Kula Lumpur)

  • 16-21 Nov 2008 (Dubai)

  • 4-9 Jan 2009 (Dubai)

  • 16-19 Sept 08 (San Francisco)
  • 1-6 Oct 08 (San Francisco)
  • 10-15 Dec 08 (San Francisco)
  • 22 - 27 Dec 09 (New York)

This program shows you how to draft effective contracts – avoiding unnecessary productivity loss, disputes, unenforceable conditions, inflated bids and claim administration and settlement costs. Risk reduction by planned risk transfer is the single most important purpose of this program. To achieve this the program shows how to optimize and integrate Law, Methods, Engineering Practice and Technology into your contracts. This program is intended for all those professionals who draft contracts or provide inputs in drafted conditions -  they may be from Projects, Services, Procurement, Legal, Contracts and Audit.

 

Program Overview

In Every Project or Works Contract there lies the possibility for disputes due to varied interpretations, different trade meanings, discrepancies and ambiguities in Contract Documents. Those drafting contracts often lack knowledge of Technology, Methods and Practices of the Industry.

Risk Reduction by Planned Risk Transfer is the single most important purpose of this program. Past participants have reported great benefits they achieved on their projects and contracts using the analysis and methods introduced in this program.

Drafting Contracts from the viewpoint of risk transfer involves an integration of Law, Methods, Practice and Technology. Useful inputs are possible from properly informed Engineers to Lawyers.

This Program is Recommended for...

This program is recommended for all  who influence Drafting Contracts, including Project Staff Engineers, Lawyers, Procurement Professionals, Contracts Legal Department Personnel.

Program Style

This is a comprehensive training program. You will learn practical hands on skills for drafting contracts. This program uses Practical Procedures and Checklists Approach to Solving Drafting Problems. Discussion, Implementation and Drafting Case Studies will be based on job situations being used in the area for contracts project works.

Program Strategy

When we draft a contract - for each Contract Situation we draw on our experience and knowledge to compile a list of Potential Risks on this work, we then decide as to which of these risks or contingencies we would like to take ourselves and which to shift to the other parties.

In Order to make an effective decision as to what duties and obligations should be contractually shifted, and how they can be shifted, it is first necessary to appreciate what these duties are and how they are normally allocated. Next we must consider the Standard Contracting Methods and Contract Forms available and their Associated Risks. And then discuss how we can Draft Contracts to Contractually Shift some of these to others.

Done Improperly we expose our contract to disputes and delays. Done Improperly we expose our contract to disputes and delays.

We interpret the contract conditions literally, only to find that the legal system may not support our position, as it tends to rely more on considerations of Prevention of Injustice and Promoting Fairness. This situation arises because we may be unaware of the Legal Interpretation Rules and Doctrines involved.

Program Content

  • Duties Responsibilities of the Parties to Project Contracts.

  • Understanding Contract Conditions. Expressed and Implied Contractual Responsibilities.

  • Changes Doctrine.

  • Notice Requirements including when waived.

  • Responsibilities of Contractor, Owner and Consultant on the Project.

  • What is “Fair and Reasonable”?

  • How do Claims Arise? Legal Basis. How can these be reduced?

  • Contracting Methods and Associated Risks:

    • Letter Contracts

    • Material Purchases

    • Labour Supply Contracts

    • Service Contracts

    • Package Deals, Turnkey Design Build,

    • Traditional Single General Building Contractor or Engineering Contractor,

    • Construction Manager Method,

    • Phased Construction: Multiple-Prime Contractor, Fast Track Contracting.

    • BOLT

    • Technology Purchase and Consultancy Contracts

    • Financial Risks on the different contracts.

  • How Risks are transferred.

    • What Risks can not Normally be Transferred?

    • Means of Co-ordinating.

    • When Risk Transfer is Really Complete?

  • Transferring Specific Risks:

    • Co-ordination of Contractors on Site,

    • No- Damage-For- Delay-Clause,

    • Project Schedule,

    • Liquidated Damages,

    • Unforeseen Site Conditions,

    • Variation Orders,

    • Right to Terminate,

    • Dispute Resolution,

    • Keeping appropriate Records,

    • Inspection of Works,

    • Safety,

    • Price Fluctuations,

    • Exceptional Weather Conditions.

  • Special Problems with Engineering-Contractor and Consultant Contracts.

  • Drafting Contracts Guidelines and Checklists.

  • Available Standards Resources for the Drafting Professional

  • Case Studies are discussed throughout the Program.

Drafting Enforceable Contracts & Conditions DRF302

Contact: Mr Harry Miller, General Manager

FAX (UK) Fax : +44 207 6811444

FAX (USA) +1 650 6492689

UAE Dubai Fax +971 84 481032

www.EuroTraining.com

www.EuroTrainingUK.com

Email: euro@eurotraining.com  or   euro@eurotraining.com

Registration Form available at http://www.eurotraining.com/etl-regn.html

 

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