- Wednesday, May 5, 2021
8:30 am - 4:30 pm
Duration: 1 day
Start Time: Registration from 8.15AM*. Commence 8.30AM*. Finish 4.30PM*.
*Time Zone: Australian Eastern Standard Time (Brisbane)
This one-day course has been specifically designed to assist those responding to tenders, proposals and quotations to enable them to properly review and assess contract conditions and issue offers that take into account risks, ambiguities and conflicts that exist within the contractual terms and conditions they are responding to. This course addresses both works and services contracts and is suitable for contractors, subcontractors, consultants, and service and maintenance providers. It considers the requirements of offers prepared by subcontractors responding to main contractors under a subcontract arrangement and from main contractors responding to Principals under a head contract arrangement.
Contract Preliminaries
- Categories of construction and services contracts
- Naming the correct entities
- Key legislation
- Contract commencement
Practical Contract Vetting
- Structure
- Definitions
- Annexures
- Highlighting relevant provisions
- Vetting tenders for Principals and Contractors
- Calculating time
- Pesky words and phrases
- Deeming provisions
- Ambiguities and inconsistencies
- Entire agreement clause and the Parol Evidence rule
- Contract review
Key Contract Provisions
- Common contract boilerplate clauses
- Scope of works or services and specifications
- Exclusion clauses
- Force majeure, frustration and latent conditions
- Changes and variations
- Quality and performance management
- Risk and insurance
- Public and third party liability
- Economic loss
- Programming and time extensions
- Time bars
- Assignment and novation
- Subcontracting
- Rise and fall or contract price adjustment
- Tariffs, excise and GST
- Damages – delay and disruption
- Damages – breach and liquidated sums
- Invoicing and payment
- Contract renewals and extensions
- Dispute resolution
- Guarantees, warranties and indemnities
- Intellectual property
- Storage and cleaning up
- Ownership and retention of title
- Ending the contract
- Design and construct contracts
Professional Advice
- Types of advice
- Seeking advice
Tips and Traps
