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Event Overview

This updated and thoroughly re-edited version of our popular course (delivered to over 1200 students in the past seven years) on construction industry contracts and law is a cornerstone of any procurement and construction management curriculum.

Originally based on the authoritative Construction Contracts, by Professors Emeriti Ralph Nash and John Cibinic, (2nd Edition, 1996) this course now includes the widely referenced Fundamentals of Construction Contracts edited and produced by the American Bar Association, and the new Construction Contracts written by attorneys Joseph West, Adrian Bastianelli and Andrew Ness, all leading litigators in construction contracts across the country. Taught by knowledgeable instructor who is an engineer and attorney (in one person!), this course provides candid exposure of construction contract practices (good and poor), explodes myths that mislead field and office staff into needless disputes, and illustrates all major teaching points with personal anecdotes from dusty project sites, drafting rooms filled with CAD machines, and tension-filled arbitration proceedings. Often thought to be a “dry” or “boring” subject (which it often is, when taught in graduate school), our course is relevant, painfully real, and vibrant. This is a class, where at the end of the day, students look at their watch wondering where the day went!

ATTEND THIS COURSE AND EARN 30 PDU's from PMI, USA.

Download PDF Brochure

May 27-31, 2007, Dubai

Event Overview

Who Should Attend

Benefits of Attending

Seminar Outline

About the Seminar Leader

Venue and Pricing

Register

Who Should Attend

  • Owner Project Managers
  • Architectural and Engineering Managers
  • Construction Managers
  • Project Engineers
  • Contract Managers
  • Project Coordinators and Planners
  • Project Accountants
  • Quantity Surveyors
  • Project Controls Professionals
  • Designers and Constructors
  • Procurement Professionals

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Benefits of Attending
  • A thorough understanding of the roles and legal responsibilities of the designer, owner/government and constructor in a construction project
  • A comprehensive review of all of the major types of contracts used in construction ranging from the least risky to the riskiest for the owner
  • How to achieve an equitable settlement if there is a claim or dispute
  • How to protect the government’s legal and professional interests in all contract issues
  • Liability and professional interdependencies between the designer, owner/government, and contractors
  • Understand the system of contracts needed for the project from conception to engineering and construction from kick-off to closeout
  • Labor, safety, subcontracts, differing site conditions, damages, change orders, schedules, allowable costs, and a critical discussion of the various contract families are among the many topics covered

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Seminar Outline

 

Day 1

  • The Construction Contracting Process
  • Esoteric Construction Contract Issues
  • Construction Contract Formation

Day 2  

  • Responsibility & Liability of Architects and Engineers
  • Insurance and Bonds
  • Proposal and Bid Protests
  • Contract Formation and Administration   

Day 3

  • Risk Analysis
  • Changes and Claims
  • Subcontract Formation, Performance & Disputes
  • Differing Site Conditions  

Day 4 

  • Schedules, Delays, Suspension of Work, & Acceleration
  • Cost Recovery and Major Pricing Elements
  • Safety
  • Inspection, Acceptance, and Warranties

Day 5 

  • The Dispute Process
  • Termination and Remedies
  • Alternative Means of Dispute Resolution
  • The Civil False Claims Act
  • Contract Closeout

The Construction Contracting Process:

You will have a command of the construction contracting process such that you can manage the contract process, use the contract to manage the project, provide “nuts and bolts” best practices, and perform quality assurance of contract support personnel.

Construction Contract Formation:

A contract is an agreement between two or more competent parties for parties for exchange of consideration through an offer and acceptance for a lawful purpose. Such an agreement is sufficiently significant to the market economy of the public good, that it can be enforced in a court of law.

Contract Formation and Administration and Management:

Construction contract management is not a mathematically precise science—it is an art addressing management and leadership of people. Purpose is to ensure contractors and owner performs in accordance with contract terms, conditions, and specifications. Construction contracts are tools of delivery as opposed to sacred law and dictated mandates.

Schedules, Delays, Suspension of Work, & Acceleration:

Avoid disputes through proper documentation. Confirm all telephone and meeting communications in writing. Send all such written communications to the contractor. Photographs are the most valuable form of documentation in most situations. Date, identify the photographer, note the weather conditions, and briefly describe the photograph before storing.

Cost Recovery and Major Pricing Elements:

Understand the system of contracts needed for the project from conception to engineering and construction from kick-off to closeout. Labor, safety, subcontracts, differing site conditions, damages, change orders, schedules, allowable costs, and a critical discussion of the various contract families are among the many topics covered.

Ethics the core of our mission and profession:

Officials and employees have a fiduciary duty to the agency. “Scrupulous good faith and candor” are required. This is one of the highest duties at law. No gifts to anyone, including your family. Bring plaques, honorariums, and meal expenses to your supervisor’s attention. No unauthorized use of agency property No post-employment involvement for one year. No influence can be rendered for a relative on the job site.

Project Closeout:

“Physically and administratively complete” The deliverables received, inspected and accepted. All payments made and administrative action complete. The project manager must determine physical delivery checklist and the contract manager must confirm contract closeout.

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About the Seminar Leader

Tom Gard

Tom Gard, a contract and project management consultant and instructor, has over 30 years of professional experience that spans the legal, business, engineering, government and construction disciplines of project management. He is a project management professional (PMP), professional engineer (PE), attorney, adjunct professor, engineering management consultant, former U.S. Army Corps of Engineers Officer, and project manager of large-scale projects.

Tom holds an M.S.C.E. in construction management from Purdue University, a J.D. with an emphasis in government contracts from the Catholic University of America, an M.B.A. with emphasis in financial management from Northern Michigan University, and a B.S. in urban planning with emphasis in civil engineering from Michigan State University.

He is a well-regarded speaker and writer with regard to engineering management, engineering law and project management subjects. Tom has spoken before the American Bar Association on privatization and lectured over 3000 students around the world on management and engineer law topics. He has been published several times in engineering periodicals. Tom directs an engineering consultant training corporation for which he is senior president. He also managed multi-hundred-million-dollar construction projects, both domestically and abroad; litigated on behalf of a Fortune 500 corporation; and taught project management topics and contract topics to government, industry, and academic classes in university settings. Tom develops and teaches courses in contract management and project management topics. As an adjunct professor of project management in the graduate program at The George Washington University, Tom has dual teaching responsibilities in the project management and the management of information science programs. During his tenure at Parsons Brinckerhoff, Inc. he taught project development, risk management, design-build construction, negotiating, procurement, and contract management to international and U.S. engineers, in addition to managing the contracts for this world class engineering firm.

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Venue and Pricing

Venue: Crowne Plaza, Dubai, UAE

Fees: USD 2900/- per delegate

Early Bird Discounts:

Register for USD 2700/- on or before April 27, 2007 and get USD 200 OFF!

Register for USD 2500/- on or before March 27, 2007 and get USD 400 OFF!

Group Discounts:

Register 3 delegates from your organization and the Fourth goes FREE!

In-house Option:

This course can also be delivered as In-house / On-site option. Please contact us if you have a group of employees to be trained at a location of your choice.

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