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To provide participants with the practical, fundamental knowledge of contract development, interpretation and enforcement allowing improved control of the contracting process and their project costs.

Course Outline

Managing and interpreting construction contracts in today’s climate is harder than ever. But it gets worse. Due to downsizing of facility engineering capabilities, it is critical for owners to modify their core competencies to incorporate the skills required for their construction contracts to meet with success. The truth is, with today’s limited manpower resources, rising commodity prices, and pressures to bring projects on stream sooner, you require knowledge of the construction contracting process to stave off failure.  
Using, case studies, exercises and discussion, this seminar will address developing, managing, and interpretation of construction contracts in industrial applications  including project life cycle, risk analysis, developing tender documents, contract first principals, tendering contracts, types of contracts, RFQ’s, bidding, contract language,  Earned Value Analysis for the control of contracts, bonding and insurance. Developing, managing, interpreting, and enforcing contracts is a lot of work. It requires an understanding and the ability to develop the tender documents leading up to the contract. It is a team effort if success is to be achieved. In theory interpretation of construction contracts sounds easy, but it is a lot more difficult to put into practice if the backup material is not up to par.

  Topics Discussed Will Include:

1.   Financial aspects of contracts
2.   Enforcement of contracts
3.   Structure of construction contracts
4.   Forms of contracts
5.   Request for quotations (RFQ)
6.   Bidding process for construction contracts
7.   Construction management
8.   Tender document
9.   Interpretation of contract language by the courts.
10. Contract administration
11. Earned Value analysis in the control of contracts
12. Bonding
13. Insurance

Program Outline

Day I

8:30   Introduction             
          Morley Selver      

• Guidelines
• Scope / schedule / budget / quality and how
                  they relate to contracts
• Rate of return and contract changes
• Project life cycle and contract scope
• Typical types of contracts and purchase orders:
  - Utilities
  - Equipment
  - Manpower
  - Engineering contractors

9:00   Risk And Construction Contracts 
          Morley Selver

• Risk analysis
• Escalation in contracts
• Freight
• Currency
• Contingency and project reserve
• Checklist for determining scope
• Drawing control in contracts and PO’s
• Unified front
• Trends or extra work
• 80:20 Rule for analyzing FWO’s

10:00  Refreshments And Networking

10:15 Enforcement Of Contracts
          Michael McKay

• First principles
• Construction contracts
• Requirements of enforceable contracts
• What does enforcement mean; what can the courts do for you?

11:00 Structure Of Construction Contracts
          Michael McKay

• Tendering contracts
• Enforcement (judicial oversight) of the tendering process
• Building contracts
• Types of building contracts
• Considered by payment structure
   - Considered by project structure
   - Traditional project structure
   - Construction management
   - Design/build
• Parts of a building contract – the contract documents

12:00 Lunch

1:00  Forms Of Contracts 
         Morley Selver

• PO with special conditions for site contractors
• Construction contract using a tender document

1:30   Request For Quotations (RFQ)
          Morley Selver

• 2 Types
• Equipment only – typically a PO
• Involving manpower – typically a contract
• Bidders list issues
• RFQ for PO’s and contracts
• Equipment specification
• Scope of work
• Plant conditions and standard component list
• Vendor data requirements
• Vendor information requirements

3:00     Refreshments And Networking

3:20   Bid Process For Construction Contracts
          Morley Selver

• Onsite bid meetings
• Receiving proposals
• Bid evaluation
• Evaluation checklist
• Bids high, Bids low
• Pre-award meetings - purpose
• Contract changes

4:00     Adjournment

Day II

8:30   Construction Management
          Morley Selver

• Prime or general contractor
• Construction safety
• Due diligence
• Common contracts used in industry

9:00   Tender Document
          Morley Selver

• Tender form
• Billing procedure
• Controlling claims
• Changes to work – adds / deletes
• Cost plus %
• Overtime rate
• Addendas
• Schedules
• Time is of the essence
• Manpower reports
• Equipment rates
• Sub contractors
• Site supervision
• Tender information required
• Contract execution

10:20   Refreshments And Networking

10:35 Interpretation Of Contract Language By The Courts

          Michael McKay

• Ambiguity
• Exclusion and limitation of liability
• Notice requirements
• Some one-sided contract provisions
• Changes
• Meaning of coordination requirement
• Concealed/subsurface conditions
• Disclaimer clause
• Meaning of a site investigation requirement
• Delay claims
• Enforcement of Contractual time provisions
• Real meaning of a no-damage-for-delay clause
• Penalty and liquidated damages clauses

11:25 Tender Document Instructions
          Morley Selver

• Who to send it to
• Examination of tender documents
• Site inspection
• Contract award
• Pre-award meeting
• Temporary services

12:00   Lunch

1:00   Tender Document Scope Of Work
          Morley Selver

• Included in the work
• Insurance
• Tender document – not included in the work
• What the owner provides
• Tender document – agreement and general conditions of contract
• Changing CCDC2

1:20   Contract Administration
          Morley Selver

• Define
• Duties
• FWO’s and CO’s
• Three levels of costs
• FWO document
• CO document
• Back charges
• Inspection
• Contractor on site meetings
• Agenda
• Daily diary
• Progress photo’s
• Correspondence
• Deficiency List
• Equipment / electrical / instrument checkout
• Completion of contracts
• Substantial completion
• Final completion
• Letter of credit

1:50   Earned Value Analysis In The Control Of Contracts
          Morley Selver

2:50    Refreshments And Networking

3:10   Bonding

          Michael Mackay

• The surety’s role on a project
• The bonding industry
• The surety/principal relationship, or why the surety
   acts the way It does
• The general format of bonds
• Bid bonds
• Purpose of a bid bond
• Effectiveness of a bid bond
• Collecting a bid bond
• Performance bonds
• The surety’s obligations under a performance bond
• Calling on a performance bond - how and when
• Surety’s response -- effectiveness of a performance bond
• Labour and material payment bonds - purpose and enforcement

3:45   Insurance
          Michael MacKay

• Insurance requirements of the contract
• What is covered and what is not
• Key issues in enforcing insurance rights and requirements

 4:15   Open Forum - Questions & Answers

 4:30    Concluding Remarks And Final Adjournment

After Participating In This Course, You Will Be Able To:
Control construction cost with improved contract documents.
Minimize problems by building contracts to your advantage
Build a work breakdown structure for contract development
Quickly develop project/contract scope for more complete contracts.
Evaluate project risk, mitigate risk, and understand how risk fits into  contracts
Develop more definitive contracts that are easier to manage
Analyze your contractors status using earned value analysis
Understand the relationship between scope, schedule, budget, quality and contracts
Prepare  more effective contracts by learning the correct structure
Enforce your contracts with your new found understanding of contract
interpretation and enforcement

Prerequisites & Certificates

Certificates offered

1.2 CEUs / 12 PDHs

Cancellation Policy
To withdraw from a course, you must send a request, in writing, with the official receipt to our office. Fifteen or more business days in advance: full refund less $50.00 administration charge. Five to fifteen business days in advance: non-refundable credit of equal value for any future EPIC seminar within one year. Credits are transferable within your organization. In case of an unexpected event occurring after this time, you may send someone else to take your place without any additional cost.
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EPIC Educational Program Innovations Center
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Here are some reviews of the training vendor.
The course was very well presented and the course instructor was absolutely amazing.
Reviewed by 2013
Our instructor, Stephen Lamming, was outstanding and a true expert in his field. He was able to complement the technical air monitoring information with practical real life examples which was highly beneficial. He is an excellent communicator and was highly interactive with the course attendees. This course was recommended to me because Stephen Lamming does an outstanding job. I was very impressed with this course and have subsequently recommended it to my colleagues.
Reviewed by 2012
Would have liked more interactive problem solving.
Reviewed by 2011

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