Construction Law Training

At MacRoberts we work hard to ensure you get what you need from us.

Our construction training programme can be tailor-made to match your requirements.  Our topics include:
Procurement
Getting it right from the outset of your contractual relationship can prevent trouble further down the line. This topic will deal with:

  • When is a contract formed?
  • Letters of intent
  • Choice of contract – standard form, bespoke, amended standard form, partnering

 

European Procurement Issues (For Contractors And Other Bidding Parties)

  • Know your rights as a bidder
  • Obtaining advantages in evaluation/structuring offers to your best advantage

 

European Procurement Issues (For Public Sector)

  • Structuring procurement to obtain value for money

 

Developers Project Appraisal Workshop – Start From A Strong Position

  • Selection, appointment and services of the Project Manager/Employer’s Agent
  • Appropriate procurement route – design and build, traditional, lump sum, cost reimbursement, management, partnering etc
  • CDM compliance – discharge your duties as ‘client’/potential liabilities
  • Anticipate the lenders requirements
  • Engaging site investigation consultants and contractors
  • Appointing the construction team

 

Financing Construction Workshop – Is The Procurement Structure Secure?

  • Procurement routes and the contractual matrix
  • The facility letter – development warranties and obligations
  • Legal due diligence – building contract, professional appointments, novations, bonds and collateral warranties
  • Security package – collateral warranties, ground and environmental reports

 

Contractors Contract Workshop – Understand And Minimise Your Risk

Main Contract Terms and Contractual Risk

  • Amendments to the standard forms
  • Case law and its practical implications
  • CDM – principal contractor/principal designer/designers
  • CIS Tax

 

Managing Sub-Contract Terms

  • Forms of sub-contract – up to date standard forms, bespoke, amended standard form
  • Passing down bespoke main contract terms

 

Consultants’ Appointment Workshop – Understand And Minimise Your Risk

  • Why a written appointment?
  • Standard documents – the forms issued by professional bodies, the commercial client’s perspective
  • Practical implications of case law
  • Legal issues, insurer points, describing your services
  • CDM compliance – duties and liabilities of a ‘designer’/‘principal designer’
  • Collateral Warranties
  • Novation

 

Contract Checklist

  • Essential of contract – when is a contract formed?
  • Start and end date/contract period
  • Form of contract
  • LAD’s or not
  • Relief Events
  • Phasing arrangements – sectional completion, partial possession or occupancy and use
  • Insurance cover – standard and optional insurances
  • Ground risk
  • Design obligation
  • Provision of collateral warranties
  • Payment terms
  • Dispute resolution method
  • Dealing with project specific issues
  • Managing your sector specific issues

 

Money

It’s what makes the world – and the construction industry – go round. This topic covers monetary claims and how to make them, including:

  • Loss and Expense (Total cost claims & Global claims)
  • Damages
  • Quantum meruit
  • Quantum lucratus
  • Valuation provisions
  • Finance charges
  • Head office overheads

 

Time

Time means money and effectively managing time issues on a construction contract is important – particularly when it directly affects your bottom line. This topic aims to provide you with some tools to use in dealing with time related issues, highlight areas to look out for and deal with commonly asked questions.

Extensions of time

  • Notice requirements
  • Claims
  • Who owns the float?
  • Contractor obligations
  • Employer / Architect obligations

 

LAD’s

  • Defences to application – contract requirements
  • Penalty
  • LAD’s “nil”
  • LAD amount left blank

Damages for late completion

Recovering Undisputed Debts – What You Can Do And How To Do It

  • Statutory demand/demand letter – winding up
  • Diligence following decree
  • Late Payment of Commercial Debts (Interest) Act provisions

 

Guaranteeing Payment/Performance – Use Of, Key Provisions And Issues To Look Out For In:

  • Performance Bonds
  • Parent Company Guarantees
  • Advance Payment Bonds
  • Collateral Warranties

 

Claim Management

Claims in the construction industry are commonplace, but how many are effectively managed? The aim of this topic is to cover:

  • How to effectively pursue your claim
  • Record keeping
  • Use of experts

 

The Myths Exploded!

Some commonly misunderstood issues explained:

  • Quantum meruit
  • Contra proferentem
  • When is there a contract? (Oral & Unsigned)
  • Incorporation of terms from another contract
  • Global claims – are they doomed to fail?
  • Prescription
  • Unfair contract terms

 

Certification

Use and abuse of certificates is central to many issues in construction contracts. This topic will cover:

  • Types of certificates
  • Role of certifier
  • Interim/final – effect of final certificates

 

Duties & Liabilities Of The Professional Team

Advice sought from the professional team in the early stages of developments and their role during contracts is coming under increasing scrutiny. This topic will cover:

  • Consultants’ role and responsibilities at tender and feasibility stage of development
  • Duties of certifier
  • Professional negligence issues

 

Death, Injury & Blitzes – Health & Safety Matters

The construction industry’s health and safety record is constantly under scrutiny. With the regulation of the industry being constantly updated and tightened, how do you keep on the right side of the law? This topic will cover:

  • Relevant legislation
  • How to avoid prosecution and what to do if the worst happens

 

Insolvency Issues

What to do when your Employer/Main Contractor goes under:

  • Retention of title
  • How to get paid
  • Novation
  • Direct payment
  • Interdict?

 

Insurance

  • Types of policy
  • Tactical issues (e.g. what level of cover/length of time to be maintained)
  • Case law and its practical implications

 

Dispute Resolution

The construction industry is renowned for the number of disputes which arise between the various parties to construction contracts. There are a number of ways to deal with these. This topic will cover various methods of dispute resolution and pro’s and con’s of each:

  • Litigation
  • Arbitration
  • Adjudication
  • ADR/Mediation

 

Recent Developments in Construction

The law in the area of construction is a constantly moving feast. There have been a number of important developments through recent court decisions. Adjudication, the Human Rights Act, insurance and claims are only some of the areas where decisions have been issued affecting the industry. This update will keep you right up-to-speed with all the latest developments.

For further information or to book a training session please contact:

Mike Barlow

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