NEC FIDIC JBCC Contracts Workshop 2012

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NEC FIDIC JBCC Contracts Workshop 2012

  1. 1. THINKING BEYOND THE OBVIOUS Mastering FIDIC, NEC & JBCC Contracts5 - 7 March 2012Global Prospectus Training CentreUnit 5 Ferndale Mews, 15 Dover Street , Randburg , JHBThe first 20 delegates to register will receive an*original copy of the NEC3 ECC (Black book)This course had been awarded 2 CPD points by SAICE SETA Accreditation No. 2502
  2. 2. OVERVIEWExtensive knowledge of FIDIC, NEC and JBCC contracts have become indispensable and will assistcontractors, employers and financiers in becoming more astute in influencing, distributing and managingrisk. 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 contracts. CONFERENCE OVERVIEW ATTEND AND LEARNThis training will enhance your procurement, contract drafting and administrative skills and will enable youto draw up and to utilise FIDIC, NEC and JBCC contracts effectively, thereby increasing productivity andminimising contractual and other risks inherent on projects. BENEFITS OF ATTENDING• Identifying the roles and responsibilities of the various parties and role players under FIDIC , NEC and JBCC contracts• Exploring the di erences and similarities between FIDIC, NEC and JBCC contracts• How to make e ective procurement choices from amongst the di erent contracts that are available for your selection• Gain a better understanding the structure of FIDIC, NEC and JBCC 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, NEC and JBCC contracts WHO SHOULD ATTEND• Contract Managers• Engineers/ Project Managers / Principal Agents• Cost Engineers• Commercial Managers• Legal practitioners• Planners• Procurement and supply chain operatives 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 session15:30 – 15:45 Questions and closing remarks15h45 End of trainingGLOBAL 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
  3. 3. YOUR FACILITATORCoenraad SnymanSenior Specialist Contracts & Commercial, AngloGold Ashanti, Continental Africa RegionBachelor of Arts (BA) - University of Cape Town, 1986Baccalaureus Procurationis (BPROC) - University of South Africa, 1997Degree Certificate (Air and Space Law) - McGill University, Montreal, Canada, 1999Bachelor of Law (LLB) - University of South Africa, 2000Law Society of the Northern ProvincesCoenraad Snyman is a specialist in the procurement of EPC and EPCM contracts in the construction and miningsector, in contract administration, claims and dispute resolution. He has practical and hands-on experience in the use CONFERENCE OVERVIEWof most recognised forms of construction and engineering contracts in use today. He has represented both Contractorsand Employers in various construction disputes and has presented numerous training courses on the procurementand use of FIDIC, NEC and JBCC contracts.Key Relevant ExperiencePublic Service Sector – Department of Foreign Affairs• South African Embassy, Washington DC, USA (December 1990 to November 1993)• United Nations, New YorkLegal• Adams & Adams Attorneys (Pretoria) - January 2001 to February 2002• Admitted as an attorney of the High Court, South Africa - February 2002• Admitted as an Attorney of the High Court of Lesotho - August 2004Corporate Legal Advice• Siemens VAS (October 2002 to March 2003) In-house Legal Consultant. Drafting bespoke contracts pertaining to the provisions of telecommunication services including Service Level Agreements, Non-disclosure Agreements and Con dentiality agreements.Construction Law• Tiefenthaler Construction Law Consultants - April 2003 to September 2005 Legal Consultant on construction law matters. Representing and advising parties engaged in arbitrations or adjudications. Drafting bespoke contracts, including partnering contracts. Advising and assisting parties with procurement strategies and options. Providing training on FIDIC, JBCC and NEC contracts.Litigation• Tiefenthaler Attorneys - January 2004 to September 2005 Attorney specialising in construction law. Represent clients embroiled in building disputes, including arbitrations and litigation.Contractual Advice and Contract Drafting• Drafting and vetting construction contracts forclients including Alliance and Partnering Agreements, PPP’s (Public Private Partnership) and Concessionaire Agreements• Provided procurement advice and assisted with or acted as the lead contract negotiator for and on behalf of various international clients such as: • Anglo Platinum • Bateman • Mag Minerals, • Anglo American PLC • Shaft Sinkers • Bombela Consortium • Lonmin • Cementation (Gautrain) • De Beers • Murray & Roberts • Group Five • Namdev • Department of Water A airs • Holcim • CVRD & Forestry (DWAF) • PPC• Preparing ITT’s and RFP’s, drafting and negotiating EPCM contracts in respect of the following projects: • Minas Rio Project (Brazil) • Michiquillay Copper Project (Peru) • Quellaveco Copper Project (Peru) • BMR (Rustenburg)• Carried out risk assessment and contractual review of EPCM contract for various projects, including the Los Bronces Copper Project in Chile.Training• Conducted training courses on the use of JBCC, FIDIC and the NEC contracts for inter alia: • Group Five • Roshcon • e South African Port • TWP • Siemens Operations (SAPO). • Anglo Platinum • Newrak MiningDisputes ESKOM • • RSV• Represented clients in various JBCC, NEC, GCC and FIDIC disputes, by locally and international.• Acted as claims advisor in respect of various local and international projects and building disputes.Contract administration• Involved with and assisted with contract administration on various local and international projects including: • Rustenburg Base Metals Re nery (Anglo Platinum) • Project Turbo (SASOL) • Kinsevere Copper Project (DRC) • Unki Project (Zimbabwe). 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
  4. 4. WORKSHOP AGENDA DAY 15 March 2012Session OneIntroduction and overview of the FIDIC “family of contracts”• Which contracts are available for your use and selection• Distinguishing the features of each contract CONFERENCE AGENDA• How to select the appropriate contract for your particular project and needs• e parties and role players under FIDIC and contractsSession TwoPreparing the contract documents• e structure of FIDIC contracts• 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 Information /Employer’s Speci cations Scope and other essential contractual documentsSession ThreeTime and Change Management• Use and revision of the program• Delays, disruption and acceleration• Procedures and grounds for claiming Extension of Time and / or additional payment• How to properly prepare and quantify claims• Assessment of claimsSession FourDisputes• e dispute resolution process under FIDIC contracts WORKSHOP AGENDA DAY 26 March 2012Session OneIntroduction and overview of the NEC “family of contracts”• Which contracts are available for your use and selection• Distinguishing the features of each contract• How to select the appropriate contract for your particular project and needs• How to choose between the Main and Secondary OptionsSession TwoPreparing the contract documents• e structure of NEC contracts• Preparation and use of the NEC Contract Data (Part 1 and 2)• Preparing and use of the Works Information / Scope and other contractual documentsSession ThreePayment, Time and Change Management• Use and revision of the program• Early warnings• Compensation events• Use and applicability of the Schedule of Cost ComponentsSession FourDisputes• e dispute resolution process under NEC 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
  5. 5. CONFERENCE AGENDA DAY 37 March 2012Session OneOverview and use of the JBCC Principal Building Agreement (Edition 5.0 July 2007)• Overview of changes brought about by the new JBCC Principal Building Agreement CONFERENCE AGENDA• Preparation of the various contract documents ( including the Contract Data)• Obligations of the Employer• Obligations of the ContractorSession TwoAdministration of the Contract• Role of the Principal Agent• Instructions• Use of the programmeSession ThreeTime and Change Management• Variations• Claims for an Extension of time and Cost – grounds, procedures, compilation and assessment thereof• Other claimsSession FourDisputes• e dispute resolution process applicable to and under the JBCC PBA SPECIALISED IN HOUSE TRAINING SOLUTION! Global Prospectus enables a platform for cutting edge, solution driven and innovative in-house training that are specially and specifically customised for your department, company or organisation at reasonable cost, at your venue and for your convenience! We provide strategic insight of absolute value … For your in-house training solution, please drop us an email, give us a call, or send us a faxGLOBAL 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
  6. 6. Mastering FIDIC, NEC & JBCC Contracts 5 - 7 March 2012 Global Prospectus Training Centre, Unit 5 Ferndale Mews, 15 Dover Street , Randburg , JHB Please mark the dates that you would like to attend: ONLY R7490 ex. VAT. 2 Days Per Delegate,Registration Form 5 - 6 March 2012GPW M4 3 Days ONLY R8490 ex. VAT. Per Delegate, 5 - 7 March 2012 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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