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Understanding the Construction and Engineering Contracts: FIDIC, JBCC, GCC, and NEC4

Presented by Dr. Daniel Basch

14 Hour Accredited Live Interactive Course

On Completion of this live course professionals will receive a professional Certificate of completion, 2 ECSA CPD Points / 14 PMI PDUs, and 3 Month Access to Course Recordings for review purposes. 

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About This Course

Grasp the intricacies of crafting diverse contract documents integral to construction and engineering contracts. Acquire insight into the role and responsibilities of the employer's representative or agent. Delve into comprehending the stipulations governing instruction dissemination, notice provision, program adjustments, as well as strategies for addressing variations and claims. Uncover the protocols for managing defective work, certification, payment, and dispute resolution, while also familiarizing yourself with the parameters and processes for contract termination. FIDIC, NEC, JBCC, and GCC contracts are widely embraced within the global construction and engineering sector. Understanding the nuances that distinguish these contracts is pivotal for selecting the most suitable option for specific projects. Adequate contract administration and management are crucial in avoiding disputes, necessitating a comprehensive grasp of the contract terms by its users. The enduring significance of these contracts in the construction and engineering domain underscores the value of mastering FIDIC, NEC, JBCC, and GCC contracts, establishing a valuable skillset for industry professionals. This course augments your comprehension of these frequently utilized contracts, proving highly advantageous for those evaluating claims pertaining to extended timelines or additional expenses, as well as individuals likely to encounter such claims. Irrespective of your location, whether South Africa or beyond, this course equips you with the competencies to proficiently oversee construction projects under the umbrella of FIDIC, NEC, JBCC, and GCC contracts, ultimately ensuring your triumph in this competitive industry.

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

  • 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.

Accreditation for this course

This live webinar is approved by the Engineering Council of South Africa (ECSA). Complete the course to earn 2 ECSA CPD Points. PMP Certificate holders will also receive 14 PMI PDUs. This certification boosts your standing in the engineering world, showcasing dedication and excellence. Regularly updating CPD points is vital with bodies like ECSA, as not doing so could affect your membership. Stay updated, prioritize your certification, and highlight your commitment to engineering growth.
 

Obtain your certificate and differentiate yourself from others

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.

On completion of the course, you will receive the following:

  • A certificate of completion

  • 2 ECSA CPD points

  • For PMP Certificate holders: 14 PMI PDUs

  • 3-month access to recordings of live sessions (for delegates who miss a session due to load shedding)

  • This is a live interactive course, allowing you to ask the presenter questions in real-time.

Note: Live sessions must be attended to qualify for the certificate; recordings are for review only.

What is covered in this course

2015-2017

Section 1:

Contract Document Preparation

  • Drafting the Contract Agreement:

  • Understanding the key elements of a construction or engineering contract

  • Incorporating legal and technical language effectively

  • Ensuring clarity and precision in contract terms

  • Creating the Employer's Requirements, Specifications, and Works Information:

  • Defining the scope and expectations of the project

  • Developing comprehensive specifications for materials, methods, and standards

  • Compiling the Works Information to guide contractors in project execution

  • Completing Various Schedules:

  • Exploring different schedules such as payment schedules, delivery schedules, and work breakdown structures

  • Ensuring accurate inclusion of project milestones, timelines, and deliverables

  • Identifying critical dates and events in the project timeline

2011-2014

Section 2:

Time, Program, and Breach Remedies

  • Understanding Time for Completion Requirements:

  • Grasping the significance of project timelines in construction contracts

  • Differentiating between fixed deadlines and flexible completion periods

  • Managing time-related expectations and implications for delays

  • Obligations and Updates for Project Programs:

  • Establishing a robust project program that aligns with the construction plan

  • Regularly updating the program to reflect progress and adjustments

  • Demonstrating flexibility in adapting to unforeseen events while maintaining project momentum

  • Remedies for Breaches of Time-related Provisions:

  • Exploring contractual remedies for missed deadlines

  • Addressing delays caused by unforeseen circumstances or contractual breaches

  • Navigating compensation mechanisms and dispute resolution avenues for time-related issues

2007-2010

Section 3: Role of Employer's Agent and Determinations

  • Responsibilities of the Employer's Agent/Representative:

  • Understanding the pivotal role of the employer's representative or agent

  • Facilitating effective communication between parties involved in the contract

  • Serving as a point of contact for queries, clarifications, and conflict resolution

  • Issuing "Determinations" and Instructions:

  • Exploring the process of issuing official decisions or determinations

  • Understanding how instructions impact project execution and changes

  • Adhering to protocols for documentation and communication of determinations

Section 4: Payment, Variations, and Claims

  • Procedures for interim and final payment applications

  • Differences between re-measurable and lump sum/fixed-price contracts

  • Managing variations and their time/cost implications

  • Submitting claims for additional time and cost

  • Handling NEC compensation events

  • Causes of claims and prevention strategies

  • Employer-initiated claims against the contractor

Section 5: Quality Control and Defects

  • Provisions Related to Quality Control:

  • Emphasizing the importance of maintaining high quality standards in construction projects

  • Identifying contractual clauses that stipulate quality expectations

  • Implementing quality control measures to prevent defects and errors

  • Understanding Liability for Defects:

  • Differentiating between defects, deficiencies, and acceptable deviations

  • Navigating the allocation of responsibility for rectifying defects

  • Exploring mechanisms for addressing defects and ensuring compliance with contract specifications

  • Obtaining the Take-Over Certificate:

  • Understanding the significance of the Take-Over certificate in project completion

  • Meeting the criteria for obtaining the certificate

  • Implications and responsibilities once the project is handed over

Section 6: Contract Termination and Dispute Resolution

  • Grounds and Procedures for Contract Termination:

    • Exploring valid reasons for contract termination

    • Navigating the steps and protocols for initiating termination

    • Understanding the consequences and obligations upon contract termination

  • Role and Function of the Adjudicator and Arbitrator in Dispute Resolution:

    • Differentiating between adjudication and arbitration as dispute resolution methods

    • Understanding the authority and responsibilities of adjudicators and arbitrators

    • Navigating the dispute resolution process, from initiation to resolution

Pricing Options

Pricing
Image by Jan Huber

Webinar Package

Package Cost: ZAR 3499

Included in this package:

 

Participants will be eligible to Attend the Live Webinar Session of this course, as well as receive CPD Points and Certificate on completion of the course.

Included in this package:
 

  • Recordings for review

  • CPD Points 

  • Certificate

  • Course Material

  • Trainer Support

  • Additional Resources

  • Free Accredited Self Paced Course with additional CPD Points

Classroom Package

Package Cost: R 8999

Included in this package:

Participants will have the opportunity to attend the classroom-based course hosted at Protea Hotel. Upon successful completion of the course, they will be eligible to receive CPD Points and a Certificate of completion.
 

Included in this package:
 

  • CPD Points 

  • Certificate

  • Course Material

  • Trainer Support

  • Additional Resources

  • Buffet Lunch

  • Breakfast

  • Snacks and Drinks

  • Free Secure Parking

  • Free Wifi

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Your Instructor

Dr. Daniel Basch

Daniel is an accomplished individual who holds LLB, BComm (Hons) and BEng (Hons) degrees from DMU. He is a skilled trainer and facilitator who has a wealth of knowledge and experience, which he uses to not only teach but also relate to others. He has a strong ability to think critically, solve problems, and communicate effectively, making him a proficient and engaging speaker. Throughout his career, Daniel has held various roles, including teacher, CEO of training companies, and lecturer at multiple universities. He has also been a member of the Johannesburg Chamber of Commerce and the CompTia association, both of which value professionalism and ethical principles. Daniel has received extensive training in various fields, including overhead conductors, motor control gear, and Microsoft packages. He has a proven track record of successfully facilitating courses and modules on a wide range of topics, including business management, financial management, SAP, environmental management, payroll, and VAT. Daniel is known for his dedication to professional standards and his strong social and ethical principles

Payments accepted and made secure by

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Get in Touch

South Africa Office:

Sturdee Suite 301 Avenue,
Rosebank,
Johannesburg,
South Africa 2176

United States Office:

H St NE
Washington, D.C.
20002, USA

Company Information

Tacit Skills is an registered CPD Accredited Training Provider
 

Company Registration Number:
CSD: 2022/568336/07

Contact Us

Call us:

+27 61 776 1995

Whatsapp us:

+27 61 776 1995

Email us: info@tacitskills.com

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