Nec fidic-jbcc-gcc- ct-marketing (1) (2)

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Nec fidic-jbcc-gcc- ct-marketing (1) (2)

  1. 1. THINKING BEYOND THE OBVIOUS FIDIC, NEC3, JBCC, & GCC2010 Contracts Workshop19 - 21 November 2012Southern Sun The Cullinan Hotel1 Cullinan Street, Waterfront, Cape Town, South AfricaThis course had been awarded 2 CPD points by SAICE SETA Accreditation No. 2502
  2. 2. OVERVIEWThe Construction Industries Development Board’s (CIDB) Standard for Uniformity in ConstructionProcurement for works includes, FIDIC, NEC3, JBCC & GCC 2010 contracts. A detailed knowledge ofthese contracts has become indispensable and will assist contractors, employers and financiers in becomingmore astute in influencing, distributing and managing risk.An understanding of the relevant procurement and contract administrative processes contribute to themanagement and avoidance of disputes and increase the chances of projects being completed on time andwithin budget. The 1st day will cover FIDIC, the 2nd day will cover NEC and the 3rd day will cover JBCC & CGG 2012 contracts. WORKSHOP OVERVIEW ATTEND AND LEARNThis training will enhance your procurement, contract drafting and administrative skills and will enableyou to draw up and to utilise FIDIC, NEC3, JBCC & GCC 2010 contracts effectively, thereby increasingproductivity and minimising contractual and other risks inherent on projects. BENEFITS OF ATTENDING• Identifying the roles and responsibilities of the various parties and role players under FIDIC , NEC3, JBCC, GCC 2010 contracts• Exploring the differences and similarities between FIDIC, NEC3, JBCC & GCC 2010 contracts• How to make effective procurement choices from amongst the different contracts that are available for your selection• Gain a better understanding the structure of FIDIC, NEC3, JBCC and GCC 2010 contracts• Obtain practical tips on the procurement and administration of these contracts• Gain an understanding of the processes applicable to contract variations, compensation events or claims for an extension of time and additional payment and the manner in which to prepare, to administer and to assess them• Gain an overview of the dispute resolutions mechanisms applicable under FIDIC, NEC3, JBCC and GCC 2010 contracts WHO SHOULD ATTEND• Contract Managers• Engineers/ Project Managers / Principal Agents• Cost Engineers• Commercial Managers• Legal practitioners• Planners• Procurement and supply chain operatives YOUR FACILITATORGavin WeimanWeiman Legal ConsultingGavin Weiman is a highly experienced attorney (non-practising), consultant and training facilitator, with extensive(over 25 years) legal experience and (over 10 years) business consulting and training facilitation experience. Gavinhas been providing legal and contract centric consulting services, training and skills transfer services to commercialbusiness, public entities and other consulting organisations and training organizations. His special area of interest iscontracting and the law and its relationship to business and the economic world. Gavin is the originator of ContractCentric ManagementTM. GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj Pillay Johannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc. Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
  3. 3. PROGRAMME SCHEDULEAll timings are approximate due to the interactive nature of the course.08:00 – 08:30 Registration and early-morning tea08:30 – 10:00 Facilitator’s opening remarks and morning session10:00 – 10:30 Mid-morning refreshments and networking break10:30 – 12:30 Mid-morning session12:30 – 13:30 Networking luncheon13:30 – 15:30 Afternoon session WORKSHOP AGENDA15:30 – 15:45 Questions and closing remarks15h45 End of training WORKSHOP AGENDA DAY 1FIDIC CONTRACTS1. Introduction and overview of the FIDIC contracts• Contact Law, choice of law & interpretation of Contacts• The FIDIC ‘rainbow’ – overview of the contracts in the FIDIC suite• Distinguishing the features of each contract• How to select the appropriate contract for your particular project and needs2. Preparing the contract documents• The structure of FIDIC contracts• Contract documents comprising: Red Book, Green Book, Yellow Book, Silver Book, Gold Book• Preparation and use of the Appendix to Tender and other essential contract documents• Preparation and use of the Particular Conditions of Contract• Preparing and use of the Works Specifications/Employer’s Requirements and other essential contractual documents3. Role Players in FIDIC contracts• Employers Duties• Contractor’s Duties• Design Responsibilities4. Contract Administration - Time and Change Management, Test and Certificates• Time for Completion & Extension of Time• Liquid Damages & Penalties• Variations & procedure• Use and revision of the program• Procedures and grounds for claiming Extension of Time and / or additional payment• How to properly prepare and quantify claims• Assessment of claims• Tests until, on and after Completion• Certificates relating to raking over, performance, payments and disputes• Delays, disruption and acceleration5. Termination & Disputes• Terminations, for cause and convenience• Discharge, frustration and Force Majeure• Claims Management procedures• The dispute resolution process under FIDIC contractsGLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj PillayJohannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
  4. 4. WORKSHOP AGENDA DAY 2NEC3 CONTRACTS1. Introduction and overview of the 4. Contract Administration - Payment,NEC3 suite of contracts Time and Change Management• Flexibility, clarity and project management basis • Time and related matters of NEC3 contracts • Testing and defects• Which contracts are available for your use • Payments and selection • Use and revision of the program WORKSHOP AGENDA• Distinguishing the features of each contract – • Early warnings The Engineering Contract & Short form, The • Listed Compensation events Term Services Contract and the Supply Contract • Notification of Compensation Events,• How to select the appropriate contract for your Quotations for and Assessment of particular project and needs Compensation Events • Use and applicability of the Schedule of Cost2. Preparing the contract documents Components• Conventions, Variables and Definitions• The structure of NEC contracts - Core Clauses, 5. Termination & Dispute Resolutions Main Options (A-F), Secondary X Options & • Termination by agreement, arising from The Customisation or Z Options ‘frustration’ and for default• Preparation and use of the NEC Contract Data • The dispute resolution process under NEC (Part 1 and 2) contracts• The importance of NEC3 Works Information, Site Information and the Accepted Programme3. The Key Players and their roles& responsibilities• The Parties• Project managers, Supervisors, Service Managers• Adjudicators, Subcontractors, Suppliers• Others• Actions of the parties in good faith and trust WORKSHOP AGENDA DAY 3JBCC & GCC 2012 Contracts1. Overview and use of the JBCC 3. Overview and use of the GCC 2010Principal Building Agreement (Edition • Overview of changes brought to GCC 20105.0 July 2007) • Preparation of the contract documents &• Overview of changes brought about by the new Contract Data JBCC Principal Building Agreement • Critique of SANS form of agreement used• Preparation of the various contract documents ( • Obligations of the Employer including the Contract Data) • Obligations of the Contractor• Obligations of the Employer • Obligations of the Engineer• Obligations of the Contractor 4. GCC 2010 Administration:2. Administration of the JBCC Time, Change Management,Contract - Time, Variations, termination and DisputesTermination and Disputes • Role of the Principal Agent• Role of the Principal Agent • Instructions, Variations, Deemed Variations &• Role of the Contractor Supplementary agreements• Instructions & certificates • Claims for an Extension of time and Cost• Use of the programme – grounds, procedures, compilation and• Claims for an Extension of time and Cost assessment thereof – grounds, procedures, compilation and • Claims & Claims Administration assessment thereof • Termination and dispute resolution process• Other claims applicable to and under the JBCC• Termination and dispute resolution process applicable to and under the JBCC GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj Pillay Johannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc. Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
  5. 5. PLEASE SELECT YOUR WORKSHOP FIDIC, NEC3, JBCC, PREFERENCE ACCORDINGLY: & GCC2010 Contracts 2 DAY WORKSHOP Workshop ONLY R7490 19 - 21 November 2012 Per D 3 DAY WORKSHOPeleg ex. VA ate,Registration Form Southern Sun The Cullinan Hotel ONLY R8490 T.GPW Marketing 1 Cullinan Street, Waterfront, Cape Town, South Africa Per Delegate, ex. VAT. Fax Completed Registration Form To: +27 11 781 6044Company Name:Type of Business:Address:Tel: Fax: VAT Number:Delegate 1:Position: E-Mail:Delegate 2:Position: E-Mail:Delegate 3:Position: E-Mail:Delegate 4:Position: E-Mail:Delegate 5:Position: E-Mail:AUTHORISATION: Signatory must be authorised to sign on behalf of Company CREDIT CARDName: Cardholder’s Name: DETAILSPosition: Credit Card Number:Signature: Date: CVC No: Expiry Date:PAYMENT METHODS1. Bank Transfer - Global Prospectus Training (PTY) Ltd. 2. Credit card - Please fill in your credit card details above First National Bank: Randburg 3. Cheques - Made Payable to: Global Prospectus Training (PTY) Ltd. Account Number: 62109 270372 Branch Code: 254005TERMS & CONDITIONSThe following terms and conditions will apply: Substitutions Payment is required in full 5 days from date of invoice Delegates must inform Global Prospectus Training (PTY) Ltd in writing All payments to be made directly to Global Prospectus Training (PTY) Ltd. of any substitutions. No seats will be reserved, unless Global Prospectus Training (PTY) Ltd. receives a signed registration form. There is no charge for substitutions. Global Prospectus Training (PTY) Ltd. reserves the right, due to circumstances beyond our control, to change Global Prospectus Training (PTY) Ltd will not be held liable for incorrect speakers, program content, date & venue. Delegate details on Certi s, etc. in the event of substitutions being The signed registration form is a legally binding contract. made on the day of the conference. In the event of Global Prospectus Training (PTY) Ltd having to cancel or postpone an event due to circum-Cancellations stances beyond our control, delegates will be issued with a credit voucher,All cancellations will be subject to approval by the management of Global Prospectus Training (PTY) Ltd. - which may be used at another of our events.All cancellations made 7 days prior to date of the above mentioned event will be subject to a 50% cancellation fee.Cancellations made within 7 days of date of the above mentioned event, will be subject to a 100% cancellation fee. - Global Prospectus Training (PTY) Ltd will not be held liable for travel and accommoda -The will be no refunds or credit vouchers. tion costs. The conference fee includes: conference material, lunches and refreshments, but excludes travel & accommodation.GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj PillayJohannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates

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