This course is accredited and approved by the Engineering Council of South Africa (ECSA), on completion of this course professionals will earn 2 ECSA CPD Points. PMI Certificate holders will be eligible to claim 14 PDUs from the Project Management Institute (PMI). In this Live Interactive course you will learn how to prepare the various contract documents that make up a construction or engineering contract, including the role and function of the employer's representative or agent. You will understand the provisions for giving instructions, notices, and revising the program, as well as how to deal with variations and claims. You will also learn about the procedures for dealing with defective work, certification, payment, and disputes, as well as the grounds for and procedures for terminating the contract.

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FIDIC, NEC, JBCC, and GCC contracts are widely used in the construction and engineering industry globally, but it is important to understand the differences between these contracts in order to choose the best one for a particular project. Poor contract administration and management can often lead to disputes, so it is essential for users of these contracts to have a thorough understanding of their terms in order to avoid mistakes and effectively manage the contract. This is particularly important during the COVID-19 pandemic, which has resulted in many delays and claims on construction projects around the world.

In addition to their current importance, it is likely that these contracts will continue to play a significant role in the construction and engineering industry in the future. Therefore, having a strong understanding of FIDIC, NEC, JBCC, and GCC contracts will be a valuable skill for professionals in this field.

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This course will enhance your understanding of these commonly-used contracts, and will be of great benefit to those considering submitting claims for additional time or costs, as well as to those who may receive such claims. Whether you are based in South Africa or another country, this course will provide valuable skills and knowledge to effectively manage construction projects using FIDIC, NEC, JBCC, and GCC contracts, ensuring your success in this competitive industry.

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Upon completing this course, you will have the skills and knowledge to:

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• Prepare various contract documents for construction or engineering projects

• Understand the role and responsibilities of the employer's representative or agent

• Follow the provisions for giving instructions, notices, and revising the program

• Effectively handle variations

• Understand the procedures for submitting claims and dealing with defective work

• Use the Bill of Quantities or Schedule of Payments to quantify the value of completed work

• Manage and notify disputes

• Understand the grounds for and procedures for terminating the contract

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FIDIC, NEC, JBCC, and GCC contracts are commonly used in the construction and engineering industry, but poor contract administration and management can often lead to disputes. It is essential for users of these contracts to have a thorough understanding of their terms in order to avoid mistakes and effectively manage the contract. This is particularly important during the COVID-19 pandemic, which has resulted in many delays and claims on construction projects.

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This course will enhance your understanding of these commonly-used contracts and provide valuable skills and knowledge to those considering submitting claims for additional time or costs, as well as to those who may receive such claims. It will be especially useful for professionals working in South Africa, but the principles and techniques learned in this course can be applied globally

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Obtain your certificate and differentiate yourself from others

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Additionally, earning a certificate in Contract Comparison can help you advance your career and potentially open up new job opportunities. Many employers prioritize hiring candidates with advanced training and certifications, and having a certificate in Contract Comparison can make you a more attractive candidate for these positions. Overall, earning a certificate in Contract Comparison can be a valuable investment in your career and can help you stand out to prospective employers.

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A detailed look at the course contents that will be covered:

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In this course, students will learn about the various aspects of tendering and contracting for construction projects.

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• Session 1 will focus on the proper way to draft, prepare, and complete the Contract Agreement, the Employer's Requirements/Specifications/the Works Information, and other schedules.

• Session 2 will cover the requirements for Time for Completion, the obligation to provide and update a program, and remedies for any breaches of these provisions.

• Session 3 will delve into the role and responsibilities of the Employer's agent/representative, including the issuing of "determinations" and instructions.

• Session 4 will explore the procedures for submitting applications for interim and final payments, as well as the differences between re-measurable and lump sum/fixed-price contracts.

• Session 5 will discuss the reasons for and extent of variations, as well as the procedures for dealing with the time and cost implications of these changes.

• Session 6 will cover the procedures for submitting claims for additional time and cost, including NEC compensation events. This session will also examine the causes of claims, how to avoid them, and how to correctly prepare and submit claims to reduce the risk of rejection. In addition, the session will discuss the claims that the employer may bring against the contractor.

• Session 7 will delve into the provisions related to quality control, including liability for defects and the Take-Over certificate.

• Finally, Session 8 will cover the grounds and procedures for terminating the contract, as well as the role and function of the Adjudicator and Arbitrator in dispute resolution.

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What are the learning objectives of this course and how can they be applied to your job. 

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• In this course, students will learn about the various aspects of tendering and contracting for construction projects. The course will focus on:

• Drafting, preparing, and completing the Contract Agreement, the Employer's Requirements/Specifications/the Works Information, and other schedules.

• The requirements for Time for Completion, the obligation to provide and update a program, and remedies for any breaches of these provisions.

• The role and responsibilities of the Employer's agent/representative, including the issuing of "determinations" and instructions.

• Procedures for submitting applications for interim and final payments, as well as the differences between re-measurable and lump sum/fixed-price contracts.

• Reasons for and extent of variations, as well as the procedures for dealing with the time and cost implications of these changes.

• Procedures for submitting claims for additional time and cost, including NEC compensation events. The causes of claims, how to avoid them, and how to correctly prepare and submit claims to reduce the risk of rejection will also be covered. The claims that the employer may bring against the contractor will be discussed.

• Provisions related to quality control, including liability for defects and the Take-Over certificate.

• Grounds and procedures for terminating the contract, as well as the role and function of the Adjudicator and Arbitrator in dispute resolution.

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The future NEC Contracts in the Construction Industry and why this is an important skill to have
 

Understanding the different provisions and terms of different construction contracts is important because it allows project stakeholders to make informed decisions about which contract is most suitable for their specific project. Different contracts have different clauses and provisions that may be more or less favorable to different parties, and it is important to understand these differences in order to choose the contract that is most appropriate for the needs of the project.

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For example, the FIDIC (International Federation of Consulting Engineers) contracts are widely used for international projects and are known for their emphasis on the Engineer's role in resolving disputes. The JBCC (Joint Building Contracts Committee) contracts are commonly used in South Africa and are known for their clear and detailed provisions on payment and dispute resolution. The NEC (New Engineering Contract) contracts are designed to be flexible and are often used for projects with a high level of uncertainty or risk. The GCC (GCC Model Construction Contract) is used in the Gulf Cooperation Council countries and is known for its provisions on liability and insurance.

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Understanding these differences can be applied to a construction project in several ways. For example, if a project has a high level of uncertainty or risk, the NEC contract may be a good choice because of its flexible provisions. Alternatively, if the project involves international stakeholders and there is a high likelihood of disputes, the FIDIC contract may be a good choice because of its provisions on dispute resolution.

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Overall, understanding the different provisions and terms of different construction contracts can help project stakeholders make informed decisions about which contract is most suitable for their specific project, and can help ensure that the project is carried out smoothly and efficiently.

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Accreditation earned on completion of this course:
 

Earning ECSA CPD points is valuable for professionals in the construction industry as it demonstrates their commitment to staying current and continuing their professional development. By completing this course and earning ECSA CPD points, professionals can showcase their dedication to best practices and expertise in Lean and Agile Principles.

 

Upon completing this course, professionals will earn 2 ECSA Continuing Professional Development (CPD) point and 14 Project Management Institute (PMI) Professional Development Units (PDUs) for PMP certificate holders. 

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Recordings of the live sessions will be made available for attending delegates who miss a session due to load shedding. Please note that the course live sessions must be attended in order to qualify for your certificate. Recordings are only for review purposes.