Training Course on Construction Contracts Development and Management

Course Overview

A contract is a legally binding oral or written agreement describing a relationship between two parties, what each of them agrees to do, and who carries the risk if things do not result as intended. Contract Management is primarily about managing that relationship, and those risks, to ensure that both parties get the result they originally intended. In short, it is about defining resources, relationships and risk. As the Construction Contracts are being developed in a complex environment, it is important to understand the process of Contract Management. The understanding of the contracts and how it can be managed are the vital factors for anyone who performs as contracts and commercial professional whether he is on the Employer’s side or Contractor’s side.

The process of Contract Management starts from the planning stage and runs through the implementation stage, the pre-contract stage, post-contract stage, and until the final handover stage. The major functions of a contract Management are to advise on the procurement strategy, advise on contract models and forms of payment, contract conditions and procedures, preparing tender and contract documentation, advise on and evaluating variations, claims and final account.

This Training Course on Construction Contracts Development and Management offered by Phoenix Center for Policy, Research and Training will provide a holistic education/training to the delegates for the best practice in dealing with the contract procurement, claims, payment and resolving disputes. In order to understand the contract management and its importance in a project, it is essential for all the employers, consultants, contractors to train their employees on the procedures involved in the contract management process. Phoenix Center for Policy, Research and Training has designed this module in an easier way to understand all the approaches involved in contract management and its effective application on the projects.

Course Objectives

Upon the successful completion of this Training Course on Construction Contracts Development and Management, participants will be able to:

• Understand the contractual process involved in the construction from inception to handing over the project
• Develop and Manage Construction Contracts Successfully
• Understand the various types of contracts and procurement routes and choosing the appropriate route as per the Employer’s requirement
• Improve and master their negotiation skills in the procurement of contractors
• Apply the strategies on maintaining the effective contractual relationship between the Parties to the contract
• Gain a clear understanding of the claim process
• Gain an understanding of the implication of governing laws and selecting the most suitable dispute resolution system

Training Methodology

The course is designed to be highly interactive, challenging and stimulating. It will be an instructor led training and will be delivered using a blended learning approach comprising of presentations, discussions, guided sessions of practical exercise, case study review, web-based tutorials, group work, exploration of relevant issues collaborative strength training, performance measurement, and workshops of participants’ displays, all of which adhere to the highest standards of training. The training technique is built on learning by doing, with lecturers using a learner-centered approach to engage participants and provide tasks that allow them to apply what they’ve learned. Experiential knowledge is also given equal importance within the format of training. Our facilitators are seasoned industry professionals with years of expertise in their chosen fields. All facilitation and course materials will be offered in English.

Who Should Attend?

This Training Course on Construction Contracts Development and Management would be suitable for, but not limited to:

• Project Directors
• Contract Managers
• Project Architects
• Quantity Surveyors
• Site Managers
• Cost Controllers
• Claim Specialists
• Main Contractors and Sub Contractors

Course Content

Module 1: Introduction to Contract Management

• Definition and concepts of contract management
• The essential element of the contract
• Stage of contract
• Formal and informal contractual documents
• Role of a Contract Manager

Module 2: Contract Preparation

• Setting up project deliverables
• Determining the sourcing strategy
• Contract types and strategy
• Developing the scope of work
• Prequalification process

Module 3: Tendering Procedures

• Principles of tendering
• Tendering Process
• Tender clarifications
• Bids evaluation
• Technical evaluation
  

Module 4: Contract Award and Commencement

• Post Tender negotiations
• Letter of Acceptance / Letter of Award
• Insurance, bonds and guarantees
• Mobilization and commencement of works
• Project documentation – programme, pricing, schedule etc.

Module 5: Managing Variations

• Variation opportunities within the contract
• Understanding the contractual provisions
• Initiation and notification of variations
• Submission and tracking of variations
• Valuation of variations

Module 6: Interim Valuations & Final Accounts

• Items to include in an interim payment
• Valuation process
• Interim payments contractual provisions
• Preparation of final account
• Final account structure and certification

Module 7: Managing Risks in Projects

• Risk management and contract type
• Identification of risks
• Managing risks
• Addressing the delays and disruptions
• Risk avoidance clauses in the contract

Module 8: Managing Claims & Disputes

• Typical Contract Claims
• Available remedies
• Liquidated and unliquidated damages
• Suspension, termination and discharge
• Dispute resolution tools and techniques
  

Requirements

• Participants should be reasonably proficient in English.
• Applicants must live up to Phoenix Center for Policy, Research and Training admission criteria.

NOTE

1. Discounts: Organizations sponsoring Four Participants will have the 5th attend Free
2. What is catered for by the Course Fees: Fees cater for all requirements for the training – Learning materials, Lunches, Teas, Snacks and Certification. All participants will additionally cater for their travel and accommodation expenses, visa application, insurance, and other personal expenses.
3. Certificate Awarded: Participants are awarded Certificates of Participation at the end of the training.
4. The program content shown here is for guidance purposes only. Our continuous course improvement process may lead to changes in topics and course structure.
5. Approval of Course: Our Programs are NITA Participating organizations can therefore claim reimbursement on fees paid in accordance with NITA Rules.
   

Booking for Training

Simply send an email to the Training Officer on training@phoenixtrainingcenter.com and we will send you a registration form. We advise you to book early to avoid missing a seat to this training.

Or call us on +254720272325 / +254737566961

Payment Options

We provide 3 payment options, choose one for your convenience, and kindly make payments at least 5 days before the Training start date to reserve your seat:

1. Groups of 5 People and Above – Cheque Payments to: Phoenix Center for Policy, Research and Training Limited should be paid in advance, 5 days to the training.
2. Invoice: We can send a bill directly to you or your company.
3. Deposit directly into Bank Account (Account details provided upon request)

Cancellation Policy

1. Payment for all courses includes a registration fee, which is non-refundable, and equals 15% of the total sum of the course fee.
2. Participants may cancel attendance 14 days or more prior to the training commencement date.
3. No refunds will be made 14 days or less before the training commencement date. However, participants who are unable to attend may opt to attend a similar training course at a later date or send a substitute participant provided the participation criteria have been met.

Tailor Made Courses

This training course can also be customized for your institution upon request for a minimum of 5 participants. You can have it conducted at our Training Centre or at a convenient location.

For further inquiries, please contact us on Tel: +254720272325 / +254737566961 or Email training@phoenixtrainingcenter.com  

Accommodation

Accommodation is arranged upon request and at extra cost. For reservations contact the Training Officer on Email: training@phoenixtrainingcenter.com or on Tel: +254720272325 / +254737566961