Masterclass in Construction Contract Law, Arbitration and Dispute Resolution

Why Select this Training Course?

Construction contracts are legal agreements between a contractor and a client that specifies the conditions, expenses, and extent of a construction project. This contract specifies the contractor’s responsibilities, which may involve subcontracting some tasks. It also outlines the contractor’s pricing structure and includes any relevant blueprints or work orders. An effective construction contract should clearly delineate the extent of the project with meticulous precision, minimising any potential for ambiguity or misunderstanding for all parties involved. This kind of contract typically encompasses separate documents that outline the different elements of the project, such as task assignments, projected project schedule, payment conditions, cost specifications, and other pertinent particulars. It is commonly executed between the owner and general contractor.

This Rcademy Masterclass in Construction Contract Law, Arbitration and Dispute Resolution course will teach you how to analyse and comprehend contractual provisions, as well as understand the true implications of the terms and conditions. This course will equip you with the skills to effectively handle risk, conduct thorough contract audits, and enhance dispute resolution by analysing complex aspects of contract law and contractual responsibilities. Participants will also acquire proficiency in evaluating the legal counsel they receive and accurately interpreting it to generate genuine value for businesses.

What is ‘Time at Large’ in Construction Contracts?

Construction contracts generally include a specified deadline for the contractor to finish the task. The term ‘time at large’ refers to a scenario in which there is no feasible deadline for project completion or when the original completion date stated in a contract is no longer legitimate. Delays can cause a construction contract with a specified completion date to become “time at large.” Delays and disruptions are frequent occurrences in building projects. Occasionally, an inadequately formulated contract may omit a provision for extending the deadline for completion.

What is a construction contract retention?

A construction contract retention involves withholding a portion of the payment due to the contractor as a safeguard, ensuring the work is completed according to the agreed-upon terms. Retention is typically set at 3-5% of the value of the project cost. The contractor will continue to receive instalment or stage payments. However, the percentage is subtracted from the intermediate payments. When the contractor employs subcontractors, this deduction is typically transferred to them.

Who Should Attend?

This Rcademy Masterclass in Construction Contract Law, Arbitration and Dispute Resolution course is designed for law and construction experts such as:

• Employer/Client who procures the work, develops the idea, and hires contractors and consultants to complete the project’s work.
• Contractors tasked with carrying out and completing the work in compliance with legislative requirements.
• Quantity surveyors in charge of costing (Bill of Quantities) and pricing modifications during construction.
• Transactional/corporate lawyers tasked with managing contracts and agreements involving construction projects and financial exchanges.
• Litigators who avert unforeseen problems and effect mutually advantageous settlements to avoid future conflict with partners involved in a construction project.
• Independent practitioners who want to increase their knowledge of contract law.
• In-house counsels accountable for providing accurate, relevant, and timely advice to their employers in the construction industry.
• Civil/structural engineers.

What are the Course Objectives?

This Rcademy Masterclass in Construction Contract Law, Arbitration and Dispute Resolution course aims to provide individuals with the skills to:

• Handle and support emergency and interim relief in their declaration of claims or counterclaims.
• Draft crucial documents for international commercial arbitration.
• Learn how to properly create arbitration clauses, pre-arbitral notices, claims, statements of defence, and other documents related to arbitration proceedings.
• Understand the commercial intent of various contracts to make effective written and spoken arguments.
• Learn more about foreign arbitration statutes.
• Understand how to use the rules of different arbitral institutions to their advantage in a real case.
• Effectively conduct evidence proceedings in arbitrations.
• Become adept in creating a valid contract, whether oral or written.
• Gain in-depth understanding and easily apply insights from the rules of the most commonly designated international arbitral organisations for arbitration proceedings.
• Learn how to browse and interpret foreign governments’ arbitration laws.
• Effectively assist clients in choosing an appropriate seat and commencing proceedings before courts in a foreign supervisory jurisdiction.

How will this Course be Presented?

This Rcademy Masterclass in Construction Contract Law, Arbitration and Dispute Resolution course is made to fit the needs of the people who take it. It also makes learning new things easier for them and helps them develop their skills. Active learning will be encouraged through various methods and techniques used in the training session. Experts in the field with years of experience will teach the course. The modules are founded on exhaustive and in-depth research on the subject matter.

This Rcademy Masterclass in Construction Contract Law, Arbitration, and Dispute Resolution course uses lecture notes, topic-specific presentations, and real-life situations to combine classroom learning with hands-on practice. To expand their learning experience, participants will be asked to participate in seminars, workshops, tests, and case study analyses. Participants will also be required to offer continuing feedback on their enrolled courses.

What are the Topics Covered in this Course?

Module 1: Introduction to the Law of Obligations – Contract Law

• The function of contracts in contemporary society
• Contract law in the construction industry
• A fundamental taxonomy of contracts
• Components of a contract
• Undue influence and fraud as prevalent issues in contracts
• Remedies for infringement of contract

Module 2: Introduction to the law of obligations -Tort law

• What is tort law?
• Examples of tort law
• Tort reform
• Salmond’s definition of torts and its challenges
• The four dimensions of a tort
• Tort law’s guiding principles
• Wrongdoing: conduct and fault

Module 3: Contract Management Planning

• Objective information requirements and performance levels
• Default penalties
• Monitoring and information provision: roles and obligations
• Cost-sharing agreement for all contract management activities
• Reporting of results arrangements
• Dates and service releases in specific sectors
• Payment mechanisms
• Mechanisms for benchmarking and testing that are pertinent
• Managing mechanisms for change, such as changes in law, tendering, and control
• Mechanisms for problem resolution
• Dealing with failure or default
• Rights of the contracting agency

Module 4: Standard Operating Procedures (SOP) Overview

• Definition
• Objectives of development of SOP’s
• Overview of dispute resolution processes
• Case studies: contract disputes and dispute resolution
• Adjudication on the basis of security of payment (SOP) legislation
• Documentation in contract management
• Files and records
• Defensive record keeping for evidential purposes
• Version controls and software
• Document sharing and security

Module 5: A Hands-on Guide to Drafting Contracts

• Principles and components of contract law and construction contract
• Differences between a memorandum of understanding (MOU), a letter of intent and an agreement
• Formation of contract
• Recitals, boilerplate provisions, indemnity and risk allocations
• Types and interpretations of clauses in contracts
• Factors that influence a contract
• Assurances in joint ventures
• Investment contracts
• Franchise, distribution & supply agreements
• Deed of amalgamation compromise, arrangement & settlement

Module 6:  Dispute resolution

• Methods of dispute resolution
• Lawsuits
• Arbitration
• Collaborative law
• Mediation
• Conciliation
• Negotiation
• Facilitation
• Avoidance
• Hybrid adjudication
• Legal dispute resolution
• Diplomacy
• Dispute pyramid
• Extrajudicial dispute resolution
• Collaborative divorce
• Party-directed mediation
• Conflict resolution research
• Investor-state dispute settlement

Module 7: Dispute Resolution Clauses & Mechanism

• Recognising dispute-prone areas
• Possible outcomes and conflict resolution methods
• Corporate counsel’s dispute management role
• Contractual alternative dispute resolution (ADR )
• A comparison of litigation and arbitration

Module 8: Modification, Breach & Termination of Contracts

• Contract modification by novation, accord, satisfaction, or variation
• Contract modification and variation documents – “Lock-in-period” time
• Anticipating contract breach obligations
• Contract breach complaint
• Repudiation vs. breach
• Material, anticipatory, and partial contract breaches
• Renegotiated clause
• Contract frustration

Module 9: Advanced Contracting Issues

• Contingency or risk mitigation plans missing
• Missing contracts
• No notifications of terms, rights or obligations
• Redlining standard agreements
• Lack of visibility into contracts
• Undefined handover processes
• Cost and scope creep
• Business cases are rarely revalidated
• Poor metrics tracking

Module 10: Trends and Technologies in Construction Law

• Additive manufacturing
• Insolvency
• Construction drones
• Building information modelling (BIM)
• Force majeure
• Liability caps
• Insurance for professional indemnity
• Connected construction sites
• Robotics and automation
• Provisions for fluctuations
• Sustainability
• Smart contract
• Software for contract management
• Collaborating contracting