Validated for 2 CPD Points
While South African construction professionals may, in the past, have “got by” with a knowledge of our local construction contracts such a knowledge is no longer sufficient. The construction arena is becoming more global as professionals look beyond our borders for work and as increasing numbers of employers use international forms of contract such as FIDIC and NEC/ECC. In this two day seminar we examine the key differences between the standard construction contracts currently in use and compare the approaches taken by these contracts to important issues. Advice on fitting the contract to the project will he given and the advantages and disadvantages of the various forms of contract discussed.
WHO SHOULD ATTEND
- Construction Professionals: Engineers, Architects and Project Managers acting on behalf of Employers
- Construction Contract Administrator and Contract Managers
- Employer Organisations including Local Government
- Anyone involved in Advising on Procurement Strategies in the Construction Industries
An understanding of how to approach variations and instructions under the 4 contracts:
- The role of the Employers agent under the 4 Contracts
- The approach to disputes under the 4 Contracts
- Sub-contracts under the 4 Contracts
The contracts to be compared in this two-day seminar are the following:
The New Engineering Contract
The NEC/ECC contract is a contemporary contract which makes a clear break with traditional contracting and rather introduces innovative contractual tools aimed at sound project management and fair allocation of risk. While the benefits of working with the NEC/ECC contracts are great, many find it a difficult contract to get used to, given the new approach to key issues and the language used in the contract. For this reason it is vital that anyone thinking of using the contract has had some training on its terms, its philosophy and its approach to the allocation of risk.
Some of the topics highlighted which make the NEC/ECC a uniquely modern contract are:
- Early Warning and Pricing Variations
- The Role of the Employer’s Agent
- The Adjudicator
- The NEC approach to Subcontractors
- The Traditional Design under which the Architect Designs the Works
- Dispute Resolution under JBCC
- The use of Nominated and Selected Subcontractors
The GCC Contract
We touch on some relevant issues including:
- Versatility of the Document
- The Role of the Agent
Both the 2nd Edition GCC 2010 and the new 3rd Edition GCC 2015 are discussed in the course. In accordance with HKA’s policy of providing hands on, relevant training, information will be conveyed by way of case studies, practical examples and hands on exercises. Delegates will be given the opportunity to refer to the standard contracts, to analyze key clauses and to discuss problem areas.
The FIDIC Suite of Contracts
The FIDIC contracts, published in 1999 are rapidly gaining wide acceptance internationally due, in part to the fact that the World Bank has committed itself to use these contracts. With the 1999 contracts FIDIC has introduced a Construction Contract suitable for use in building works and a Small Works Contract. The contracts have also contributed a focused Design & Build/Turnkey contract.
While the FIDIC contracts undoubtedly hold many advantages over the previous suit of FIDIC contracts they have been criticized, in particular for the manner in which they allocate risk. Contractors, in particular, have raised concerns about the risk allocation.
Some topics to be discussed in relation to the new FIDIC suite are the following:
- Taking-Over and Completion under the FIDIC Contracts
- The Dispute Adjudication Board
- The FIDIC Spproach to Subcontractors
- Value Engineering
- Discussion will cover the FIDIC Red, Yellow and Silver Books
The JBCC Contract
While many engineering contracts are being let under international forms of contract the Building industry has been slower to move to the international contracts and many building (and even some engineering) projects are currently being let under the JBCC contract, both in South Africa and in neighbouring states.
Time will therefore be devoted to a consideration of this contract insofar as it differs from the other contracts. Both Edition 6.1 and the new Edition 6.2 will be discussed.