Design, Construction and the Right Contracts

Construction legal adviceCOURSE CONTENT

DAY ONE -
DESIGN AND CONSTRUCT – GETTING IT RIGHT




A.M.

08.30 Registration and Coffee
09.15 Lecture One
10.00 Lecture Two
11.00 Coffee
11.15 Lecture Three
12.00 Questions and Discussion
12.30 Lunch


P.M.

1.30 Lecture Four
2.15 Lecture Five
3.00 Tea
3.15 Lecture Six
4.00 Questions and Discussion
4.45 Close


DESIGN AND CONSTRUCT – GETTING IT RIGHT


DESIGN AND CONSTRUCT

Advantages over traditional methods, single point responsibility; a speeded up process; role of Architect, Engineers, Employer's Representative, Quantity Surveyors, Project Manager; two stage tender; development of design; conditions of engagement of consultants; quality control; pre-qualification; lump sum or reimbursable price; pre-tender interview; implications of CDM Regulations

EMPLOYER'S REQUIREMENTS

Getting the strategy right; how much detail should be included; flexibility - what decisions must be taken by the Employer; Contractor's expertise - what can safely be left to the contractor; provisional sums; basic safeguards to protect the Employer's interests; typical Employer's requirements.

CONTRACTOR'S PROPOSALS AND POST TENDER DEVELOPMENT

Contractors' risks; work priced before design completed; contingencies and provisional sums; dealing with unforeseen ground hazards; vague proposals; pre and post tender meetings; appointment and authority of site manager; appointment and control of consultants; design management; design development cost implications; input from Employer's consultants; P.I. insurance; drawing approval; specification change.

STANDARD CONDITIONS IN USE

EPC (Engineer Procure Contract); BOT (Build Operate Transfer); Government Prime Contracting; JCT With Contractor's Design; GC/Works/1 Design and Build, ICE Design and Construct.

CONDITIONS OF CONTRACT

Contract documents; discrepancies and conflict; design liability – fitness for purpose and reasonable skill and care defined; variations and their evaluation; bad ground claims; inaccurate information from Employer; role of Employer's representative; legal responsibilities of Employer's consultants; ‘Consultant Switch'; written and verbal instructions; damages to works; insurance; health and safety; variations; extensions of time; liquidated damages; practical completion, defects liability.


LINKING IN WITH PARTNERING

Adopting partnering ethos; use of PPC partnering contract; early involvement of the contractor; utilising design skills down the supply chain; performance measurement; use of KPIs.


OBJECTIVES

At the end of the seminar those who attend will be able to administer contracts let on a design and construct basis.

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