1. Contract / Claim Management
in pre-contract, tender and performance stage:
Legal System (Common and Civil law),
Conflicts of Law (Pre contractual stage, Tort Law, Compliance Rules),
International Forms of Contracts (Characteristics, substantial completion, taking
over, liquidated damages, claims, dispute resolution),
Contract Documents (FiDiC Rainbow, Employer's REQUIREMENTS),
Development stage (pre-contract, tender, performance), Employer's Duties /
Defaults (1_duty to pay, 2_duty to co-operate in respect of access to site, permits,
delay minimization, making financial arrangements, provide information, estoppel,
and 3_ to compensate),
Contractor's Duties / Defaults <pre-contractual completion, completion of works,
quality and defects, Time for Compeltion>,
Design Responsibility <design procedure, design warranties, design updates,
deliverables>,
Time for Completion < Concurrent delay, disruptions, allocation of risks, Liquidated
Damages),
Variations / Modifications <change orders, control, consequences, procedures,
avoidance>,
Tailoring Test Procedures <until completion !, on completion, after completion>,
Certificates <taking over, payments, valuation, delays, late payment, retention
monies>
Defect Notification Period <DNP DLP : duty to remedy, removal of defective works,
failure to remedy defects, legal normal and decennial liability,
Termination <for convenience, with good cause, consequences and termination
agreements> Discharge, Frustration, Force Majeure <risk allocation, normal
discharge, Rebus sic stantibus>, Risks / Insurance < assessment, all risk
insurance, uninsurable risks>
Bonds <performance, pre-financing, retention>,
Claims <procedural rules, preparation + review, documentation requirements,
avoidance, Extension of Time, Money Claims (Cost, profit, loss of productivity
claims)
Dispute Resolution Methods (Amicable Settlement, Conciliation, Dispute
Adjudication Board, DAB / DB - Arbitration with binding effects of DB-decisions on
the parties, Litigation),
Delay Schedules (failures to notify, defaults of employers and contractors, submit
sureties, programmes / schedules, approvals, claim notices, site visits, design
review period, determinations, notice to inspections, notice of dissatisfaction,
notice of unforeseeable physical conditions, scrutiny of employer’s requirements,
substantiation of a claim, terminations, referral of dispute to DAB /DB ,request to
provide reasonable evidence for financial arrangements and
Samples / small workshops.