/  Resolving Contract Disputes and Avoiding Construction Claims Training

Resolving Contract Disputes and Avoiding Construction Claims Training

BMC Training provides a training course in Resolving Contract Disputes and Avoiding Construction Claims in Construction and Civil Engineering Training

Course Title
Venue
Start Date
End Date
  • Kuala Lumpur
    28 - 10 - 2018
    1 - 11 - 2018
  • Istanbul
    21 - 10 - 2018
    25 - 10 - 2018
  • Muscat
    28 - 10 - 2018
    1 - 11 - 2018
  • London
    4 - 11 - 2018
    8 - 11 - 2018
  • Dubai
    11 - 11 - 2018
    15 - 11 - 2018
  • Paris
    4 - 11 - 2018
    8 - 11 - 2018
  • Kuala Lumpur
    16 - 12 - 2018
    20 - 12 - 2018
  • Istanbul
    9 - 12 - 2018
    13 - 12 - 2018
  • Muscat
    16 - 12 - 2018
    20 - 12 - 2018
  • London
    13 - 1 - 2019
    17 - 1 - 2019
  • Dubai
    20 - 1 - 2019
    24 - 1 - 2019
  • Paris
    13 - 1 - 2019
    17 - 1 - 2019
  • Kuala Lumpur
    24 - 2 - 2019
    28 - 2 - 2019
  • Istanbul
    17 - 2 - 2019
    21 - 2 - 2019
  • Muscat
    24 - 2 - 2019
    28 - 2 - 2019
  • London
    3 - 3 - 2019
    7 - 3 - 2019
  • Dubai
    10 - 3 - 2019
    14 - 3 - 2019
  • Paris
    3 - 3 - 2019
    7 - 3 - 2019
  • Kuala Lumpur
    21 - 4 - 2019
    25 - 4 - 2019
  • Istanbul
    14 - 4 - 2019
    18 - 4 - 2019
  • Muscat
    21 - 4 - 2019
    25 - 4 - 2019
  • London
    19 - 5 - 2019
    23 - 5 - 2019
  • Dubai
    5 - 5 - 2019
    9 - 5 - 2019
  • Paris
    19 - 5 - 2019
    23 - 5 - 2019
  • Kuala Lumpur
    9 - 6 - 2019
    13 - 6 - 2019
  • Istanbul
    16 - 6 - 2019
    20 - 6 - 2019
  • Muscat
    9 - 6 - 2019
    13 - 6 - 2019
  • London
    21 - 7 - 2019
    25 - 7 - 2019
  • Dubai
    14 - 7 - 2019
    18 - 7 - 2019
  • Paris
    21 - 7 - 2019
    25 - 7 - 2019
  • Kuala Lumpur
    11 - 8 - 2019
    15 - 8 - 2019
  • Istanbul
    25 - 8 - 2019
    29 - 8 - 2019
  • Muscat
    11 - 8 - 2019
    15 - 8 - 2019
  • London
    8 - 9 - 2019
    12 - 9 - 2019
  • Dubai
    15 - 9 - 2019
    19 - 9 - 2019
  • Paris
    8 - 9 - 2019
    12 - 9 - 2019

Course Description

Understanding contract law has become an essential part of conducting our daily business functions. Whether you are in purchasing, contract management, subcontracts, project management, general management or sales, you are constantly involved with legal and contract principles, sometimes without even realizing it.

Too often the wording used in Contracts is not properly understood by those who are making decisions relating to those Contracts, and non-specialists are reluctant to get involved in the process of drafting and amending the documents which are critical to their company’s success. There may also be problems in assessing amendments proposed by the other party, and determining whether these are reasonable, or are eroding your company’s position.

The course will deal with Contracts written in the English language, and follow principles widely used in international contracting.

Course Objective

  • Provide an understanding of contract structures, and how and why contracts are drafted in particular ways
  • Enhance understanding of the legal principles behind contracts
  • Provide an understanding of some of the main clauses in different types of agreements
  • Explain the commercial impact of particular provisions.
  • Discuss the differences between similar clauses in different international standards
  • Show how to develop your own “standard” clauses
  • Develop an understanding of when to accept proposed amendments, and when to reject them, including how to give clear reasons for such rejection
  • Give practice in amending documents to meet particular requirements, including the use of Special Conditions
  • Provide strategies and tactics for negotiating on possible contract amendments
  • Explain how to use contract provisions to reduce the risk of disputes.
  • Where disputes do arise, show how the contract can be used to minimise these disputes, and some of the methods by which disputes are resolved in international contracting (including non-traditional approaches, such as mediation)

Course Outline

How and why Contracts are drafted

  • Why we use contracts
  • Formation of a Contract
  • The key elements of a contract
  • Oral or written?
  • Terms and Conditions of contract
  • Agency issues
  • The basic structure of a contract
  • Incorporating documents by reference
  • Standard Forms
  • Form of Agreement
  • Principles of contract negotiation

Main Contract Clauses

  • Obligation to deliver/perform
  • Rework/re-performance
  • Risk
  • Title
  • Compliance with law/change of law
  • Indemnities
  • Insurance
  • Third parties
  • Liability in negligence – relationship with contract conditions

 Main Contract Clauses - continued

  • Variations and changes
  • Product liability and defective goods - rejection
  • Precedence of documents – Special Conditions
  • Intellectual property
  • Taxation
  • Suspension and termination
  • Acceptance and Certificates
  • Payment
  • Liquidated damages/penalties
  • Limits of liability
  • Guarantee/Warranty/Maintenance
  • Conflict of Laws and Choice of Law Clauses 

 Other documents and Negotiations

  • Letters of Intent or Award
  • Bank and Insurance Bonds
  • Letters of Comfort or Awareness
  • Collateral warranties
  • Alliance /Partnering Agreements
  • “Side Letters”
  • Finance arrangements 
  • Negotiating contract qualifications and amendments

 Negotiation and Resolution of Disputes

  • Contract negotiation - continued
  • Dispute Resolution clauses
  • Unequal bargaining positions
  • Negotiation, compromise and settlement
  • Litigation
  • Arbitration

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