An Introduction to International Construction Law

Course Description

Construction contracts in the modern era tend to be international simply from the participation of the parties to them! This course is designed to introduce professionals in the construction industry and the oil and gas sector to the technicalities of such contracts.

This practical and interactive workshop will explore what is needed for a first-class Construction commercial contract in the construction and the energy world, as well as the key components of such an agreement.

Who will benefit

• Anybody seeking a clearer understanding of international construction contracts’ terminology and their  contract terms and conditions
• Anybody wishing involved in construction contract formation
• Anybody looking to understand the legal rationale behind construction contracts in order to make better business decisions
• Operational Managers, Procurement Technicians and Operators, Project Managers, Project Engineers, management professionals, Contract administrators, end-users affected by the contracting process, purchasing managers, sourcing specialists, engineers

Why you should attend

• Basic awareness of contract terminology is now regarded as a core competency
• Contracts become easier when the jargon is understood
• Construction contracts are contracts which can give rise to disputes if not properly managed
• You will feel confident when discussing the terms and conditions found in construction contracts
• You will understand contract types and the allocation of risk by the application of terms and conditions

Key topics

• Freedom of contract
• Privity of contract
• Obligations generally
• Mutuality of obligations
• Performance of obligations
• Failure to perform
• Defects – Latent and Patent
• Breach of contract
• Damages or insisting in performance
• Different Legal Families
• Introduction to sources of law: the common law legal family, Code Napoleon legal family, German legal family,  Islamic Shari’a
• Contracts law: specific requirements in civil law countries
• Differences and similarities in approaches to construction contracts
• international construction contracts under civil and common law jurisdictions
• Construction contracts?
• Contract Types – FFP/Lump Sum; Cost Plus; BOOTs and BOTs; BOQs and SORs
• Turnkey and LSTK
• Introducing the EPC
• Variations, Modifications, Amendments, Alternations, Changes – What is the LEGAL position?
• No contract – quantum meruit?
• Obligation to complete
• Time at Large and Time of the Essence
• Extension of Time
• Liquidated damages
• Concurrent Delay
• Waiver & Acquiescence and Estoppel and Personal Bar and Venire Proprium
• What constitutes Completion?
• Acceleration
• Roles of Contract Administrator
• Liability of the Engineer and the Architect
• Traps to avoid when drafting contracts
• Construction Standard Form Contracts FIDIC Suite
• How to draft common amendments successfully
• Termination: how to do it correctly to avoid costly mistakes
• Identifying and implementing successful strategies to manage a construction contract
• Perfecting on-site project management to ensure issues are dealt with quickly and efficiently throughout the project
• Building a successful conflict avoidance framework at project level
• Arbitration or Dispute Board?

Course details

• Blended learning using internet searches, videos, workshops, group sessions, and “edutainment”!
• Accelerated learning techniques to improve understanding and long-term retention from a practitioner’s perspective
• Construction contracts examined in depth and considered from a non-legal perspective, not a lawyer’s.
• Real life construction clauses and contracts examined