Practical Construction Law for Attorneys

    Start building your skill set in Construction Law

    Infrastructure law is a specialised field. Through this series of courses, we want to assist you in developing your skills and in practicing efficiently in this niche field of law.

    These five courses are unique in that they look at the structure and fundamental clauses of each of the standard-form contracts individually in order for you to gain an understanding of the overall structure of each individual agreement.

    The presenter, Roelf Nel, has extensive knowledge of the built environment industry and is able to offer you insight into how the agreements are applied on a practical level in the industry. 

    The courses aim to equip you with the required skills to interpret the agreement and offer guidance to your clients on the effective administration of the agreement and relevant dispute resolution mechanisms.

    Course Content

    The importance of these courses for the legal fraternity

    • This series of courses are aimed at legal practitioners who have clients or who want to build a client base in the Infrastructure industry. 

    • By attending these courses legal practitioners will gain an understanding of the inner workings of the standard building agreements (JBCC, GCC, NEC, FIDIC) based on a practical understanding of the industry, including the role and duties of the relevant role players within the industry and the life cycle of infrastructure projects. 

    • These courses integrate the following fields of law: contractual law, law of delict, commercial law, civil litigation and alternative dispute resolution.

    Course Content

    Logistics & details

    • All the courses are online and interactive, via Zoom

    • All five courses are two mornings each

    • All sessions take place in the mornings from 8:00-13:00

    • Online class sizes are limited to 25 attendees to ensure an interactive class setting

    • Study material is sent to your nearest PostNet at the beginning of 2021

    • The courses do not build on each other and can be done in any order. We strongly advise you to start with the Introduction to Construction Law for Attorneys before continuing to any of the other four courses

    Course Content

    Outline of the 5 courses

    1. Introduction to Construction Law for legal practitioners

    This is the introductory course to the construction law and construction contract course series. The aim of this course is to provide legal practitioners with a comprehensive overview of the fundamental principles which form the basis of construction law and provides a foundation for the construction contract courses (JBCC, GCC, NEC, FIDIC).

    Delegates will gain an understanding of the life cycle of construction projects and who the relevant role players are within the built environment industry. This course will equip attendees with the requisite background knowledge required to understand the complex legal framework which underpins construction law and which is indispensable when negotiating contracts and resolving disputes with relevant role players during a construction project.

    Topics that will be covered

    − The project and the employer

    − Professional consultants

    o The Architect

    o Engineer(s) (Structural, Civil, Fire, Mechanical)

    o Quantity Surveyor

    o Professional Construction Health and Safety Agent

    o Project Manager

    − Professional regulatory bodies and councils

    o SACAP, ECSA, SACQSP, SACPCMP, CBE

    − Professional services agreement

    o PROCSA, CIDB, FIDIC Silver Book, NEC

    − Project stages

    o Stage 1 to 6

    − Professional fee scales

    o SACAP, ECSA, SACQSP , SACPCMP

    − Duties of the Professional consultants during the life cycle of the construction project

    o Stage 1 to 6, deliverables, programmes

    − Tenders and procurement

    o PFMA, general procurement guidelines

    o Lump sum contracts, cost contracts, cost reimbursable, cost plus contracting

    o Preliminaries

    − Contractors, subcontractors, home builders

    − Contractors, subcontractors, home builders’ regulatory bodies and councils

    o NHBRC, CIDB

    − Types of construction contracts: Design-build (plant), construction only, turnkey

    2. JBCC Principal Building Agreement (PBA) Ed 6.2 for legal practitioners

    In this course we look at the structure and fundamental clauses of the Joint Building Contracts Committee’s (JBCC) Principal Building Agreement, edition 6.2.

    The JBCC PBA is the preferred contract used for building works in the public and private sector in South Africa, Botswana and Namibia.

    The course aims to equip delegates with the required skills to interpret the agreement and offer guidance to their clients on the effective administration of the agreement and relevant dispute resolution mechanisms.

    We look at important provisions of the JBCC PBA and discuss both strong and weak points of the contract. An overview of key clauses is given, with special attention given to the application of these clauses in real life situations.

    Material is presented in an interactive manner, through case studies and practical examples.

    Topics that will be covered

    • Structure of documents: Finding your way through the contract

    • Notices: Pitfalls around the service of notices and how to avoid problems when serving notices

    • Security: The different forms of security and some difficulties to be aware of when choosing

    • The Contractor’s lien and the payment guarantee

    • Works Risk and Insurance: Who is responsible for the care of the works, including potential risks which the contracts may expose the parties to

    • Instructions: Who may issue instructions, when these may be issued, what form these must take and how the Contractor is to be paid for instructions which increase the value of the work; what is the difference between a site instruction and a contract instruction

    • Difficulties with Practical Completion and Final Completion processes

    • The Contractor’s liability for latent defects

    • Extensions of Time: When the Contractor will get a revision to the date of practical completion and when the revised date brings additional money with it, the notification process and time bars, float time, the contractor’s entitlement to an extension of time & associated costs where he suspends the works

    • Payment: The process for getting payment and the consequences if the employer does not pay on time, employer’s right to pay a subcontractor directly & the contractor’s right to withhold payment from a subcontractor

    • Suspension & Termination: When the parties may terminate the contract and what the consequences of termination are, the process after notice of cancellation

    • Dispute resolution

    3. General Conditions of Contract (GCC) 2015, 3rd Ed for legal practitioners

    In this course we look at the structure and fundamental clauses of the General Conditions of Contract for Construction Works (GCC) published by the South African Institute of Civil Engineers (SAICE) 2015, 3rd edition.

    The GCC 2015 is the preferred contract used for procuring civil and bulk infrastructure works like roads, bridges, water & sewer reticulation, dams, etc. in the public sector in South Africa. The GCC 2015 is prevalent in municipal infrastructure procurement.

    The course aims to equip delegates with the required skills to interpret the agreement and offer guidance to their clients on the effective administration of the agreement and relevant dispute resolution mechanisms.

    We look at important provisions of the GCC 2015 and discuss both strong and weak points of the contract. An overview of key clauses is given, with special attention given to the application of these clauses in real life situations.

    Material is presented in an interactive manner, through case studies and practical examples.

    Topics that will be covered

    • Some definitions and important concepts
    • Works risk – guarantees and insurances
    • GCC and sub-contractors
    • Commencement of work
    • The contractor’s general obligations
    • The programme
    • The role of the employer’s agent
    • Variations
    • Acceleration
    • Interim and final payments and processes
    • Completion processes and certificates
    • Claims processes – time and money
    • Termination and dispute resolution

    4. FIDIC Red & Yellow Book for legal practitioners

    In this course we will look at some of the mechanisms and important provisions of the FIDIC Red Book & Yellow Book (FIDIC) Construction contracts. Delegates will gain an understanding of why FIDIC is best suited for African projects. Delegates will learn best practice, the FIDIC concepts and timelines, understand each of the parties’ roles in terms of the contract.

    This course will equip legal practitioners to advise clients on how to complete their project successfully, on time, within budget and in compliance with the Employer’s requirements or specifications.

    Topics that will be covered

    − Understand why the FIDIC contract best suits the specific project

    − How to ensure that the FIDIC contract is entered into in accordance with best practice

    − FIDIC concepts & timelines

    − Appreciate when liability is being taken on by the employer, by the contractor & by the engineer and the risk that flows from it

    − The parties to the contract:

    o Employer, Contractor, the Engineer

    − Contractual obligations of each party

    − The claims process & how to bring claims, determine claims and defended claims

    − The role of Subcontractors

    − The role of the programme and whether the Contractor has an obligation to follow same

    − Taking over and final completion processes

    − Defects liability

    − Different forms of security recognised by FIDIC

    − The process of suspension and termination

    − Variations, especially

    o who may vary the works, when a party may vary the works and how compensation for variations is calculated

    − FIDIC payment process

    − Dispute resolution process in the South African context

    5. The New Engineering Contract (NEC) - Engineering & Construction Contract (ECC) 3 & 4 for legal practitioners

    The aim of this course is to provide legal practitioners with a working knowledge of the NEC ECC 3 & 4 contracts. Delegates will obtain an understanding of the relevant procurement and contract administration mechanisms which deals with change and risk and learn how disputes are dealt with.

    The course will equip delegates with the necessary interpretation mechanisms required to guide clients and role players through the effective administration and interpretation of the agreement. Legal practitioners will leave the course with an understanding of:

    i. The role and function of the Project Manager

    ii. How change is managed via the compensation event mechanism

    iii. The use of early warnings and the risk register in mitigating and managing risk

    Topics that will be covered

    − Introduction to the NEC

    − The NEC Suite of books

    − The NEC ECC Black Book

    − The procurement options available through the use of the six main options A to F

    − The nine core clauses

    − The secondary options

    − The NEC terminology & philosophy

    − The Contract Data

    − The Risk Register (Early Warning Register)

    − The Works Information (Scope)

    − The use of the programme

    − Early Warnings

    − Compensation events

    − Payment

    − Completion & take over

    − Approach to subcontractors

    − Dispute resolution

    − The potential problem areas and possible solutions or risk mitigating strategies

     

    Course Content

    Our Promise

    • By attending these courses, you will be able to attain a whole new skill set and potentially expand your client base.

    • You will benefit from the presenter’s experience with all the different role players in the construction industry, not only learning the theory, but also learning about the social dynamics in the industry.

    • With each course you will receive study material which will become a handy reference manual in your office.

    Course Content

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