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Next Course Date: 17 - 20 February 2025 
(18:00 - 21:00) 4 Evening Split Sessions

Architects at Work

Professional Services Contract (PSC) Workshop 

Accredited Live Interactive Course

Presented by: Mike-Lacey Smith

 3 ECSA CPD Points | 21 PMI PDUs 

Certificate on completion

Course Cost: R 3499

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About the course

In this course, you will explore the intricacies of a Professional Services Contract (PSC), a critical framework that defines the relationship between a professional services provider and their client. A PSC establishes clear expectations, allocates risk, determines payment structures, and ensures the successful delivery of a project-based service.

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By understanding the legal and practical foundations of PSCs, including their role within private law and their focus on quality, time, and cost management, you'll gain valuable insights into how to navigate and leverage these agreements effectively. Whether you're managing engineering or construction projects, this knowledge will empower you to mitigate risks, foster strong client relationships, and deliver results with precision.

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You’ll also delve into the responsibilities of Project Managers (PMs) and Project Engineers (PEs) under a PSC, including managing upward communication with clients, downward coordination with contractors, and lateral collaboration with other professionals. The PSC serves not only as a contractual obligation but also as a powerful tool for risk management and project success.

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Equip yourself with the skills and understanding to excel in delivering professional services, managing stakeholder expectations, and ensuring project success through the strategic use of PSCs.

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What is a Professional Services Contract?

 

  • Contract of agreement to do work between an employer/client and a professional service provider

  • Contractually binding arrangement with a highly skilled business or individual

  • Cover single projects with defined scopes or timelines

  • Provides protection for both the consultant and the business that requests the services

  • Lists the services that the consultant will perform

  • Defines time frame for the contract

  • Details procedures, terms, and requirements for the service

  • Is Legally binding

  • Creates a framework for Engineering and/or Built Environment contracts

  • Framed within the context of the larger contract

  • Provides for a professional PM or PE acting on behalf of the employer/client in a project

  • Provides guidelines for clear delineation or roles and responsibilities

  • Indicates remuneration according to contract type

  • Dictates the expectations of each party

  • Identifies who bears risk

  • The how regarding the final project-based service is to be delivered

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Benefits from attending the Workshop

 

At the end of the workshop, delegates should be able to:

 

  • Understand the structure of a PSC

  • Be able to understand the Scope of the PSC

  • Act in accordance with, and be compliant in exercising their duties within the PSC

  • Realise the importance of the relationship with Employer/Client

  • Contextualise the role of PM or PE within the project and contractual environments

  • Discover the importance of project communication within a multidisciplinary environment

  • Interpret the PSC and be able to function professionally within it

  • Have a bigger picture of the nuances of different PSCs within disciplines

  • Understand conditions of contract within CIBD contracts

  • Gain insight from statutory guidelines

  • Apply Occupational and Safety principles throughout the project, and in accordance with contract  

  • Manage all aspect of the contract with confidence

  • Manage and implement projects more effectively and efficiently

  • Make management decisions based on tangible benefit realisation

  • Manage a programme (collated projects) more efficiently

  • Mitigate risks with relevant contingency plans where appropriate

  • Justify all relevant actions taken during the project and contract execution

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This course is suited for: 
 

  • Project Managers

  • Engineers

  • Any persons acting in a Consultation Role in the Built/Engineering environment  

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

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  • A certificate of completion

  • 3 ECSA CPD points

  • For PMP Certificate holders: 21 PMI PDUs

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

  • An accredited self-paced course with additional CPD points

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

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

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What is covered in this course

Day 1

2015-2017

Brief Introduction to Project Management:

  • Understanding project management regarding a PSC

  • What is a project?

  • The roles and outputs of a project manager

  • Communication in projects

  • Developing the Project Scope

  • Creating Milestones and Milestone validation

  • Getting to the project Baseline

  • Time and process management in Project Management

  • Tools used to monitor projects

  • Change design in implementation

  • Validation of project objectives

  • The importance of Quality Management

  • Continuous Quality Management as a core procedure

  • Quality and change

  • Summary of the solutions and how to effect change

  • Influencing behaviour and measurements that drive behaviour

  • Steps to generate, focus on, and drive significant and continuous improvements

  • Benefit realisation from the project

  • Project documentation

  • Life cycle services

  • Asset management

  • Project based operations

  • Maintenance of infrastructure long term projects

What is a Professional Services Contract?

  • Contract of agreement to do work between an employer/client and a professional service provider

  • Contractually binding arrangement with a highly skilled business or individual

  • Cover single projects with defined scopes or timelines

  • Provides protection for both the consultant and the business that requests the services

  • Lists the services that the consultant will perform

  • Defines time frame for the contract

  • Details procedures, terms, and requirements for the service

  • Is Legally binding

  • Creates a framework for Engineering and/or Built Environment contracts

  • Framed within the context of the larger contract

  • Provides for a professional PM or PE acting on behalf of the employer/client in a project

  • Provides guidelines for clear delineation or roles and responsibilities

  • Indicates remuneration according to contract type

  • Dictates the expectations of each party

  • Identifies who bears risk

  • The how regarding the final project-based service is to be delivered

Who Needs a Professional Services Contract?

  • Employer/Client and a professional technical specialist service provider

  • Determined by both professional license and professional approach required

What Type of Services Can a PSC Cover?

2011-2014

  • Engineering

  • Construction

  • Other

Legal system – Understanding a contract

  • South African Law

  • Differences between Private and Public Law

  • The law of Obligations

  • Law of Contract

  • Law of Delict

  • Contra Proferentem

  • Application and integration with multiple Acts as promulgated by South African Law

  • The Agreement

  • Contractual Capacity

  • Intention to be bound and lawful

  • Formalities of contract

  • The understated principle of relationship in contracts

  • The fundamentals of Contract Law regarding Engineering/Built environments

Conditions of Contract for a Professional Services Agreement (General)

Day 2

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  • A general a general look at the PSA

  • Purpose

  • Services or Duties

  • Term

  • Timetable

  • Compensation

  • Personnel

  • Relationship Between Parties

  • Confidentiality

  • Rights

  • Indemnification

  • Insurance

  • Compliance

  • Assignment

  • Termination

What Other Types of Business Agreements Do Consultants Need?

  • Consulting Agreement

  • Nondisclosure Agreement

Standard of Care

  • Consulting Engineers have a contractual duty of care to their employers/clients

  • Level of reasonable, skill, care and diligence

  • Expected of a registered professional

  • “Reasonable Person Test”

  • Fitness for purpose obligation

  • Consulting Engineers need to fully understand the scope of services

  • Consulting Engineers should be conscious of accepting any absolute

  • obligations

Scope of services

  • Consulting Engineers are regularly required to perform their services based on information

  • Appointments frequently place obligations on Consulting Engineers to:

  • Review information

  • Advise the Employer/Client of any errors, omissions, or ambiguities

  • Match expectations with expertise

  • Not exceed the scope of services

  • Duties of the services should be set out in the appointment and detailed within the scope of services

Scope of Work - Learning from Statuary Bodies

2007-2010

  • Based on statutory guidelines

  • Description of project, Area of project, Duration, Structure classification, Usage Etc.

  • SACAP

  • SACPCMP

  • The Council for the Built Environment (the CBE)

  • ECSA

  • Beginning to end as prescribed by ECSA

  • SACLAP (South African Council for the Landscape Architectural Profession)

  • From Work Breakdown Structure (WBS) till completion

  • SACPVP (South African Council for Valuers)

  • SACQSP (Quantity Surveyors)

  • PROCSA (Professional Client/Consultant Services Agreement)

  • CIDB

  • SAIAT (Architecture)

Compliance with standards

  • Have working knowledge of the standards applicable to their appointments

  • Comply with any guidelines published by relevant professional institutions

  • Design guidelines

  • Other guidelines for example SANS 10400 p.2022

  • Create fit for purpose solutions

  • Should also fit the standard of care applies to all, or only some, of the duties and obligations under their appointment

Understanding the PSC in relation to Standard CIBD Contracts

  • FIDIC

  • NEC

  • JBCC

  • NEC3 and NEC4

  • Comparisons

  • The positioning of PSC and its relationship to Contract

  • The Scope of PSCs with regard to the 4 contracts

  • Contract data provided by the parties in confines of tender requirements

  • The roles and responsibilities of the parties within each contract

  • Adherence to contract stipulation and terms and conditions

  • Contractual obligations

  • Contractual compliance and non-compliance

  • Understanding delict in terms of contract

  • The Employer’s and the Contractor’s relationship with the Representative/Project Manager/Project Engineer

  • The specific role of the PM/PE as the Employer’s/Client’s Representative

  • The structure and requirement of contract documentation from all parties

  • Understanding the Core Clause structure of contracts

  • Amendments to Contract

  • Nuances of contracts

  • Pre-signing meetings and clarification

  • Signing of a PSC after award of bid or appointment

Day 3

Understanding conditions of Contract

  • As described by the CIBD

  • Governing law

  • Change in legislation

  • Language

  • Notices

  • Location

  • Publicity and publication

  • Confidentiality

  • Variations

  • Changes of Contract Price or Period of Performance

  • Sole Agreement

  • Indemnification

  • Penalty

  • Equipment or materials furnished by the Employer

  • Illegal and impossible requirements

  • Programme

  • Price adjustment to time-based fees for inflation

  • Employer Obligations

  • Service Provider’s Obligations

  • Conflicts of interest

  • Service Provider’s Personnel

  • Commencement

  • Completion

  • Modification

  • Suspension

  • Termination

  • Ownership of documentation

  • Succession and assignment

  • Resolution of disputes

  • Liability of the parties

  • Compensation

  • Duration of liability

  • Remuneration and reimbursement of service provider

  • Amounts due to the employer

PSC – Managing Up, Sideways and Down in a Project

  • Managing up with the Employer/Client

  • Design risks and contractual obligations

  • The relationship based on trust and professional expertise

  • Working within the constraints of contract

  • Adhering to contractual obligations

  • Managing risk and change variations

  • Compliance with employer/client instructions as described in contract

  • Dealing with variations in employer/client requirement both in and out of scope

  • Managing sideways with other professionals

  • Dealing with conflicts in terms of time and resources

  • Creating an environment for clear and assertive communication

  • Collaborating rather than competing

  • Managing down when appointed Project Manager/Engineer/Agent

  • Working within contract with the contactor

  • Expressing clear expectations regarding the programme and programme updates

  • Creating an environment for clear communication according to the communications as expressed by contract

  • Managing all variations, extension of time etc.

  • Understanding the importance of Notices

  • Keeping to the Notice time periods and managing the same

  • Insisting adherence to applicable Records on the part of the contractor

  • Communicating the same to employers/clients

  • Understanding the role of acting for and on behalf of the employer/client

  • Risk management throughout project life cycle

  • Contingency management

  • Project compliance

  • Project management reviews

  • Project finance management

  • Supply Chain Management

  • Contractor Management

  • Design-Construction Management

  • Scope Change Management

  • Risk Management

  • Integration Management

  • Financial Management

Human Resource Management

Health and Safety

  • Understanding the importance of Occupational Health and Safety within a project and a contract

  • The importance of compliance within the Occupational Health and Safety Act (OSHACT)

  • Creating, managing and updating the Health and Safety File

  • Realising the importance of Environmental issues with regard to the OSHACT

  • Working both practically and ethically within the OSHACT

  • The implications of non-complance

How Do a Professional Services Agreement and a Subcontract Differ?

  • Subcontracts and PSAs are both binding agreements

  • Outline the services a firm or consultant will provide for another organisation

  • Subcontractor carries out the services included in a subcontract

  • A vendor provides the services detailed in a PSA

  • A subcontractor:

  • Works within the contract for Sub Contactors

  • Takes responsibility for parts of the works under the Contractor

  • Must to reach performance goals related to the project

  • Must follow project-specific rules

  • Receives payment for implementing a program or project according to contract

  • May provides ongoing services over a period of months or years

 

  • A vendor (Professional)

  • Provides services specific to a project or its unique requirements

  • Has other competitors who may provide similar services

  • Offers services that support the organisation's programs

Examples of Professional Services Contract Structures

  • Time and materials contract

  • Fixed price services contract

  • Not to exceed (or time and materials with a cap) contract

  • Retainer-based services contract

  • Recurring service subscription

  • Managed services agreement

Company Templates

  • Developing company templates

  • Role players

  • Legal Assistance

  • Compliance with contract within contract

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Your Instructor

Mike-Lacey Smith

Mike is a seasoned Psychologist and Facilitator with extensive experience in Leadership Development, Personal Effectiveness, Emotional Intelligence, Mentorship, Coaching, and various other training programs. He has a diverse background, having worked with over 250 companies globally and presented in 13 African countries and Mauritius. With a career spanning industries such as Engineering, Mining, Healthcare, Construction, and more, Mike excels in Leadership and Executive Coaching, as well as facilitating workshops on Strategic Thinking, Problem Solving, Design Thinking, and Innovation. As an accomplished author, Mike published "Life after the Pause" in August 2020, exploring the impact of SARS-Cov-2 on individuals, economies, businesses, and leadership worldwide. He has developed workshops based on this work, helping leaders navigate the challenges of the evolving work environment. Mike's qualifications include a BA in English, a Post Graduate Diploma in Education, and a MA in Counselling Psychology. With certifications in Scrum Fundamentals, TEFL, and LEAN SIX SIGMA WHITE BELT, he continues to stay at the forefront of industry trends. Throughout his career, Mike has contributed significantly to various sectors, including Government Departments, Construction, Project Management, and Occupational Health and Safety. His expertise extends to facilitating workshops on Tender Preparation and Evaluation, reflecting his commitment to advancing professional skills.

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Company Information

Tacit Skills is an registered CPD Accredited Training Provider
 

Company Registration Number:
CSD: 2022/568336/07

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