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Contract Control Training

Training and Consulting Services

CMF Contract Management Fundamentals

Sydney

CMF Contract Management Fundamentals

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  • Friday, October 9, 2020
    8:20 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 applies to all persons who administer construction-related contracts of whatever type. It provides a practical insight into relevant areas of contract law and their application to procurement generally, and the contract administration process in particular.

Contract Fundamentals

  • Definitions
  • What is a contract?
  • Elements of a legally binding contract
  • When a contract may not exist
  • Contract termination
  • Formation considerations
  • Contract documentation

Procurement Principles and Planning

  • General principles
  • Strategic procurement
  • Procurement planning
  • Policy, procedures and guidelines
  • The Contracts ‘Department’
  • Contractor pre-qualification and accreditation
  • Request for tender
  • Tender preparation
  • Tender assessment and award

Common Contract Types

  • Contract types
  • Traditional contracts
  • Relationship contracting

Administration Requirements

  • Overview
  • Roles and responsibilities
  • Contract administration planning
  • Contract administration
  • Communication
  • Progress and performance reports

Managing the Common Contract Types

  • Background
  • Security and retention
  • Directions
  • Variations
  • Delay and disruption
  • Extensions of time
  • Liquidated damages
  • Progress measurement and payment
  • Practical completion
  • Defects liability period

MCC Managing Commercial Contracts- ONLINE

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  • Thursday, September 17, 2020
    8:20 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 introductory course applies to all persons who enter into and administer commercial tenders and/or contracts of whatever type. It provides a practical insight for both buyers and sellers for the supply of commercial goods and services. It discusses outsourcing and procurement practices generally. The course addresses key issues from preparation of tender and contract documents through to requests for quotations, proposals and tenders; and provides guidance from pre-award of contract through to closeout.

Pre-award Issues

  • Buyer issues
  • Seller Issues

Contract Negotiations

  • Legal issues
  • Approach
  • Tips

Commercial Contracts

  • Contract formation
  • Contract documents
  • Contract types
  • Key clauses
  • Common law issues
  • Related statutes

Key Issues to Manage

  • Initial requirements
  • Time
  • Payment
  • Variations
  • Other claims
  • Contract disputes

Evaluating Seller Performance

  • Methods
  • During the contract
  • At close-out

Contract Risk

  • Typical risk
  • Assessing risk
  • Monitoring and managing risk

Contract Management Plan

  • What it includes
  • How to use it

Summary

CNF Contract Negotiations Fundamentals- ONLINE

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  • Tuesday, September 15, 2020
    8:20 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 applies to contract management personnel who are involved with contract negotiations in one form or another. It introduces the negotiation process, discusses the application and limits of negotiation techniques to various contract management scenarios and provides a number of negotiation models that course participants can utilise or adapt for their own circumstances.

What is Negotiation?

  • Introduction to negotiation
  • Negotiation guidelines
  • Broad principles

 Applications to Contract Management

  • Contract management applications

 When Negotiations Apply

  • When to negotiate
  • Limits to negotiation
  • Negotiation phases – a traditional approach

 Different Approaches to Negotiation

  • General principles
  • Win-win approaches

Negotiation Styles

  • General principles
  • Competitive negotiators
  • Cooperative negotiators
  • Common styles

How to Negotiate

  • Developing a negotiating framework
  • Negotiating models

 Tips and Traps

CMS Contract Management for Superintendents – ONLINE

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  • Tuesday, September 8, 2020 - Wednesday, September 9, 2020
    8:20 am - 4:30 pm

Duration: 2 days

Start Time: Registration from 8.15AM*. Commence 8.30AM*. Finish 4.30PM*

*Time Zone: Australian Eastern Standard Time (Brisbane)

This interactive workshop is designed to equip Superintendent’s, their Representatives and Main Contractor’s Representatives or subcontract Superintendents with the necessary skills to administer construction and services contracts with improved understanding and confidence, more effectively and openly, for the benefit of both parties, and with minimal conflict.

The Superintendent (Background)

  • Introduction to contracts
  • Parties to the contract
  • Superintendent’s position
  • Typical contract organisation chart
  • Superintendent’s authority

Potential Problems

  • Superintendent’s conflict
  • Principal-caused problems
  • Contractor-caused problems
  • Superintendent-caused problems

Requirements of a Superintendent

  • Principal’s requirements
  • Contractor’s requirements
  • Superintendent’s role (basic requirements)

Management and People Skills (1)

  • Basic communication skills
  • Listening and understanding
  • Listening behaviours

Contractual Skills

  • Standard-form contracts
  • Roles and obligations
  • Contractual issues

Legal Skills

  • Legal issues
  • Case study
  • Superintendent’s liability

Management and People Skills (2)

  • Conveying information

Commercial Skills (1)

  • Background
  • Cost and time issues

Management & People Skills (3)

  • Conflict Resolution Skills

Commercial Skills (2)

  • Commercial conditions
  • Contract documentation and records

Following Due Process

  • Background
  • General guidance

Tips and Traps

WSC Writing Scopes of Work – ONLINE

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  • Thursday, November 5, 2020
    8:20 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 workshop applies to all persons involved with preparing and writing scope type documents for works, services, maintenance or consultancy contracts. The workshop introduces, reinforces or refreshes the necessary contractual and drafting skills to properly prepare these documents in accordance with the current practice emphasising clarity and certainty in preparation to improve readability and avoid disputes arising from ambiguity and discrepancy. The course is supported by practical, hands-on workshop sessions.

Introduction

  • The Course
  • Course Assessment

Introduction to Scopes

  • Scope type documentation
  • The need for effective scopes
  • Types of scopes
  • Skills and resource requirements
  • Scopes vs specifications

Contract Basics

  • Basic contract law
  • Certainty in documentation
  • Contract documents
  • Document interpretation and discrepancies

Scope of Work Development

  • Definitions
  • Application
  • Planning Considerations
  • Format and Content
  • Generic scopes of work
  • Understanding the audience

Writing Scopes of Work

  • General Principles
  • Plain English
    • Workshop session – Being concise
  • Layout and Format
  • Style
  • Avoiding ambiguity and uncertainty
    • Workshop session – Ambiguity & certainty
  • Avoiding generality
    • Workshop session – Rewriting a basic scope of works
  • Key drafting essentials
  • Readable writing
    • Workshop session – Improving readability
  • Definition, detail, and certainty
    • Workshop session – Case study
  • Current trends
  • Reviewing documents
    • Workshop session – Scope of works review
  • Standardised documents
  • Document writing rules
    • Workshop session – Writing a scope of works

CMF Contract Management Fundamentals – ONLINE

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  • Tuesday, July 28, 2020
    8:20 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 applies to all persons who administer construction-related contracts of whatever type. It provides a practical insight into relevant areas of contract law and their application to procurement generally, and the contract administration process in particular.

Contract Fundamentals

  • Definitions
  • What is a contract?
  • Elements of a legally binding contract
  • When a contract may not exist
  • Contract termination
  • Formation considerations
  • Contract documentation

Procurement Principles and Planning

  • General principles
  • Strategic procurement
  • Procurement planning
  • Policy, procedures and guidelines
  • The Contracts ‘Department’
  • Contractor pre-qualification and accreditation
  • Request for tender
  • Tender preparation
  • Tender assessment and award

Common Contract Types

  • Contract types
  • Traditional contracts
  • Relationship contracting

Administration Requirements

  • Overview
  • Roles and responsibilities
  • Contract administration planning
  • Contract administration
  • Communication
  • Progress and performance reports

Managing the Common Contract Types

  • Background
  • Security and retention
  • Directions
  • Variations
  • Delay and disruption
  • Extensions of time
  • Liquidated damages
  • Progress measurement and payment
  • Practical completion
  • Defects liability period

CAP Contract Administration Essentials (Projects) – ONLINE

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  • Thursday, July 16, 2020
    8:20 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 developed for participants from differing disciplines who are involved in the administration of construction (or works) contracts from the Principal’s, Superintendent’s or Contractor’s perspective. It is aimed at introducing, reinforcing or refreshing the knowledge required for competent contract administration.

Legal aspects of contracting

  • Basic contract law
  • Elements of a legally binding contract
  • When a contract may not exist
  • Contract termination
  • Interpretation
  • Rules of construction
  • Selection of contract type
  • Contract documents

Roles and Responsibilities

  • Organisational structure
  • Principal
  • Superintendent
  • Contractor
  • Subcontractor
  • Other roles

 Time Related Issues

  • Programming
  • Extensions of time
  • Liquidated damages

Variations, Delay and Disruption

  • Directions
  • Variations
  • Delay and disruption

Summary

WSP Writing Specifications – ONLINE

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  • Tuesday, July 14, 2020
    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 applies to all persons (particularly contract management personnel) involved with preparing and writing specifications. The course is useful in introducing, reinforcing or refreshing the necessary skills to properly prepare these documents in accordance with current practice.

Introduction

  • The course
  • Course assessment

Introduction to Specifications

  • Definitions
  • The need for effective specifications
  • Specification types
    • Types
    • Performance specifications
    • Process specifications
    • Proprietary specifications
    • Company master specifications
    • National master specifications
    • Reference specifications
  • Specification sources
    • Sources
    • Benefits and disadvantages

Contract Basics

  • Basic contract law
    • Background
    • Types of legal contracts
    • Elements of a simple contract
  • Certainty in contract documentation
  • Document interpretation
  • Document discrepancies
  • Contract documents
    • Background
    • Form of tender
    • Conditions of contract
    • Scope of work
    • Specifications and drawings
    • Pricing schedule
    • Formal instrument of agreement

Specification Preparation

  • Planning considerations
    • Documentation
    • Cost issues
    • Specification versus drawings
  • Specification writer
    • Competencies
    • Time
    • Resources
  • Specification reader
    • Understanding the audience
    • Audience categories
  • Structuring the specification
    • Format
    • Content
    • Structure
    • Layout
    • Style

Specification Writing

  • Organising
    • General requirements
    • Using standardised documents
  • Drafting principles
    • What is drafting?
    • Key drafting principles
    • Plain English
    • Other drafting essentials
  • Challenges in writing specifications
  • Specification writing techniques
  • Reviewing and editing specifications
  • Issuing and controlling specifications

ACC Administration of Construction Contracts – ONLINE

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  • Thursday, June 11, 2020 - Friday, June 12, 2020
    8:30 am - 4:30 pm

Duration: 2 days

Start Time: Registration from 8.15AM*. Commence 8.30AM*. Finish 4.30PM*.

*Time Zone: Australian Eastern Standard Time (Brisbane)

This two-day course applies to all persons involved in the administration of construction (or works) contracts. It is aimed at introducing, reinforcing or refreshing the skills required for good contract administration.

Legal Aspects of Contracting

  • Basic contract law
  • Elements of a legally binding contract
  • When a contract may not exist
  • Contract termination
  • Interpretation
  • Rules of construction
  • Selection of contract type
  • Contract documents

Roles and Responsibilities

  • Organisational Structure
  • Principal
  • Superintendent
  • Contractor
  • Subcontractor
  • Other roles

Conditions of Contract

  • Background
  • Obligations and responsibilities
  • Common contractual problems

Contract Documentation and Records

  • The need for documentation
  • Documentation to control a contract
  • Types of documentation
  • Quality management

Contract Set Up

  • Contract set up
  • Contract administration procedures manual
  • Pre-start meeting

Commercial Aspects of Contracting

  • Commercial conditions
  • Contract price adjustment
  • Security and retention
  • Payment
  • Exchange rate variation
  • Duties and tariffs
  • Insurance
  • Ownership of title
  • Goods and services tax
  • Warranties, guarantees and service agreements
  • Defects liability

Time Related Issues

  • Programming
  • Extensions of time
  • Liquidated damages

Variations, Delay and Disruption

  • Directions
  • Variations
  • Delay and disruption

Construction Claims

  • Claims
  • Legal basis of claims
  • Contract entitlements
  • Contractual claims
  • Extra-contractual claims
  • Advancing claims
  • Make-up of typical prolongation and disruption claims
  • Early notification and resolution of claims
  • Security of payment claims

Dispute Resolution

  • Dispute management
  • Negotiation
  • Arbitration
  • Litigation
  • Alternative dispute resolution (ADR)
  • Adjudication
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