Construction Contracts Intensive Masterclass

Course Information

  • the date

28/04/2025

  • Duration

10 days

  • The city

Barcelona

  • Cost
  • Type

in-house

Course details

A construction contract serves as the legal backbone of any construction project, clearly outlining the obligations, rights, and duties of all involved parties. From defining the scope of work to determining responsibility for project design and risk management, these contracts are essential for ensuring that construction projects run smoothly and comply with legal and industry standards. The complexity of construction contracts arises from the need to accommodate various types of agreements, such as lump sum, cost-plus, unit price, and engineering procurement and construction (EPC) contracts, each tailored to different project needs. Understanding the legal systems that shape these contracts and the potential issues, such as claims, variations, and disputes, is crucial for anyone involved in large-scale projects.

The Construction Contracts Intensive Masterclass provides an in-depth exploration of these topics, offering participants the tools needed to navigate complex construction contract agreements. This course covers key contract elements, such as risk allocation, claim management, and the use of standard forms like FIDIC. Participants will learn to handle contractual variations, concurrent delays, and dispute resolution strategies, preparing them to manage projects effectively in different legal and industrial environments. Through practical application, the course ensures participants are well-equipped to manage construction contracts globally.

Upon completing the Construction Contracts Intensive Masterclass, participants will be able to:

  • Understand the fundamentals of construction contract formation, including essential elements such as scope, design responsibilities, and indemnities.
  • Gain knowledge of the various legal systems that influence construction contracts, differentiating between traditional and modern contracting structures.
  • Identify the role of standard contract forms such as FIDIC in shaping global construction projects, with a focus on risk allocation and project management.
  • Recognize and address common issues in competitive tendering and contract negotiation, including their legal implications across industries and regions.
  • Manage claims, variations, and time extensions within construction projects, including handling concurrent delays and force majeure.
  • Explore dispute resolution mechanisms, including third-party methods and alternative dispute resolution (ADR) approaches.
  • Apply the principles of FIDIC contracts to construction projects, understanding the roles and responsibilities of employers, engineers, contractors, and subcontractors.

This Construction Contracts Intensive Masterclass is ideal for professionals working in construction and project management, especially those involved in contract drafting, procurement, and dispute resolution. It is designed for:

  • Civil Engineers
  • Project Managers
  • Project Engineers
  • Contract Managers
  • Contract Administrators
  • Subcontract Personnel
  • Construction Professionals
  • Procurement Personnel
  • Cost Consultants
  • Quality Surveyors

Course outline

Fundamentals of Construction Contracts

  • Introduction to contracts and their significance
  • Discussing the need for contracts in construction projects
  • Understanding the process of contract formation
  • Distinguishing between the traditional and modern contracting structure
  • Overview of common standards contract forms:
  • FIDIC
  • NEC
  • LOGIC
  • Overview of various legal systems influencing construction contracts

Main Issues in Construction Contracts

  • Discussing issues with competitive tendering
  • Identifying the impact of negotiating power in the contracting process
  • Understanding how contracts are affected by industry, region and law
  • Defining the standard of work and understanding its associated issues
  • Discussing issues with design responsibility and fitness for purpose
  • Describing indemnities clauses and their issues
  • Problems with insurance in construction contracts

Claims and Variations

  • Identifying the causes of claims and variations
  • Discovering the scope of work variations
  • Understand the claim of time extension
  • Determining when the concurrent delay occurs
  • Definition of force majeure and its examples
  • Discussing when termination can happen and its issues

Construction Contract Liability and Pricing

  • Defining liability in terms of construction contracts
  • Describing copyright clauses in plans
  • Understanding limits of liability and its forms:
  • Fixed Sum vs. Lump Sum
  • Discovering common contract liability in construction:
  • Bill of Quantities vs. Schedule of Rates
  • Adding Incentive Fees
  • Escalation
  • Economic Price Adjustment
  • Discussing the purpose of liquidated damage and its associated penalties
  • Overview of liability under law:
  • Selection of the right index
  • Call-off contracts

Dispute Resolution and Conflict Management

  • Discovering sources of disputes in construction projects
  • Identifying the role of negotiation techniques in dispute resolution
  • Determining the role of collaboration in handling conflicts and resolving disputes
  • Exploring dispute resolution approaches:
  • Third-party approaches
  • Alternative approaches for dispute resolution
  • Discussing when to go with third-party techniques or alternative approaches for dispute resolution

Principles of FIDIC Contract

  • Introduction to FIDIC and its role in construction contracts
  • Reviewing the history and evolution of FIDIC contracts
  • Understanding harmonization based on project types
  • Describing the structure and features of the FICIC 1999 edition
  • Discussing the forms and prepetition process of conditions of contract
  • Analyzing FIDIC condition of contracts and legal systems
  • Determining the importance of risk analysis in FIDIC contracts

Responsibilities of the Main Parties under FIDIC

  • Introduction to the general provisions and responsibilities outlined for all parties: Clause 1
  • Discussing the roles and responsibilities of the employer: Clause 2
  • Identifying the roles and duties of the engineer: Clause 3
  • Exploring the roles and obligations of the contractor: Clause 4
  • Discussing responsibilities related to nominated subcontractors in construction contracts and design responsibilities Clause 5
  • Reviewing the roles and responsibilities related to project management:
  • Clause 6: Staff and labor
  • Clause 7: Plant material and workmanship
  • Clause 8: Commencement delays and suspension

Testing, Financial Clauses and Procedures

  • Discussing project testing procedures upon completion: Clause 9
  • Identifying conditions for employer’s taking over and the contractor’s liability for defects: Clause 10
  • Exploring post-contract testing requirements for plant: Clause 11
  • Understanding measurement and evolution of contractor’s performance: Clause 12
  • Understanding the management of contract variation and adjustment: Clause 13
  • Discussing contract price and payment procedures under Clause 14

Suspension and termination

  • Identifying termination conditions for the employer: Clause 15
  • Discussing contractor’s rights to suspension and termination: Clause 16
  • Understanding risk allocation between parties: Clause 17
  • Defining contractor and employer’s liability and insurance coverage: Clause 18
  • Understanding force majeure under Clause 19

Claims, disputes and arbitration

  • Describing the claim’s structure and the mechanisms of dispute resolution: Clause 20
  • Exploring common risks in construction projects and their impact on claims
  • Discussing the procedures of submitting and managing claims by contractors and employers
  • Discovering amicable settlement approaches for dispute resolutions
  • Identifying the role and responsibilities of the Dispute Adjudication Board (DAB)
  • Explaining the arbitration process and its application in dispute resolution

For inquiries and booking