MEPR 008 - Effective Contract Management

• Contract Fundamentals • Essential Contract Law: What are the Essential Elements of a Valid Contract; Offer and Acceptance; Letter of Intent/Letter of Award/Letter of Acceptance • How to Interpret Ambiguities in Contract • Documents • How to Select the Right Type of Contract for Your Project • How to Select the Right Type of Contracting Method for Your Project • Contract Documents • Why Share Risks and Risk Allocation • Duties and Obligations of Parties Involved in Contracts • Understanding Contract Language • Practical Tips on Contract Drafting • Case Studies • Bidding, Tendering and Contracting • Procurement General Principles • Elements Of A Good Procurement & Competitive Bidding Process • Bidding: Types of Bidding; Bidding Activities; Deciding Contractual Arrangements; Deciding Contract Type; How to Prepare Bidding Documents • Tendering: What affects the Contractor's decision to Tender?; Study and Analysis of Bids; Completion of Bid Forms and Schedules; Direct Costs, Indirect Costs, and Mark-up; Pre-Bid Meetings and Site Visits; Raising any Queries; How to Prepare and Submit the • Tender Documents • Contracting: Tender Evaluation and How to Select the Winning Tenderer; Issuing clarification • Contract Documents: Seeking Required Approvals; How to Prepare the Contract Documents; Awarding the Contract and Contract Formation Understanding and Managing Contract Provisions • Commencement, Delays & Extension of Time: Commencement; Site Possession; Delays and Extension of Time; Suspension; Acceleration • Variations: Scope of Variations; Procedures for Variations; Valuation of Variations; Other Provisions • Unforeseeable Physical Conditions: Site Investigations; Allocation of the Risk; Entitlement • Payments: Sequence of Payment Events; Delayed Payments; Provisions for Advance Payment; Provisions for Retention; Provisions for Performance Guarantees • Materials and Workmanship: Quality of materials and workmanship; Defects and Failure of the Contractor to Remedy Defects • Nominated Subcontractors: Who are Nominated Subcontractors; Objection of the Contractor Entitled to the Nomination; Default of Nominated Subcontractors • Liquidated Damages: Determination of LD's; Advantages of Liquidated Damages; Reduction of LD's • Force Majeure: What is Force Majeure?; Examples of events of Force Majeure; What are the Contractor's entitlements in case of the occurrence of an event of Force Majeure?; What would happen in case of prolonged Force Majeure? • Completion / Taking Over: Contract Closeout Checklist; Substantial Completion vs. Beneficial Occupancy; Procedures for and eEfects of the Issue of a Taking Over Certificate • Defects Liability/Notification: Remedying Defects and Failure of the Contractor to Remedy Defects during the Defects Liability Certificate; Cost of Remedying defects during the Defects Liability Certificate: Effect of Liability Certificate Defects • Termination: Termination by Employer;Termination by Contractor; Payments in Case of Termination • Claims: What are Claims?; Breach of Contract; Causes of Claims; Procedures for Claims; Failure to follow Claim Procedures; Records of Claims Dispute Resolution • The Progression from Claims to Disputes • How to Avoid Disputes • Alternative Methods for Dispute Resolution: Negotiation; Mediation; Conciliation; Dispute Review Boards and Dispute Adjudication Boards • Litigation • Arbitration
Continuing Education Unit: 2 CEU
Prerequisites & Notes
None
Methods
On-Campus

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