Training

Conlex will work with your staff to give them a solid foundation in the core principles and complexities around construction contracts.

Training

Knowledge is power is a popular proverb. It means that knowledge is more powerful than physical strength, and no great work can be done without knowledge.

At Conlex, we will provide you with the knowledge with our insightful training programmes. One popular training programme we give is on the topic of Contractual Awareness.  This course aims to give attendees an in-depth knowledge of construction contracts. A typical programme's content is as follows, but programmes can be tailor-made to suit clients' individual needs.

Topics Covered

1

Procuring construction contracts

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1.1 Formation and structure

1.1.1 Choosing the right procurement method—construction projects
1.1.2 Parties in a construction project
1.1.3 Standard form building contracts
1.1.4 Implied terms in construction contracts

1.2 Types of procurement

1.2.1 Traditional procurement of construction contracts
1.2.2 Design and build procurement
1.2.3 Construction management
1.2.4 Management contracting
1.2.5 What is two-stage tendering?
1.2.6 Partnering

1.3 Pricing

1.3.1 Pricing structures in construction contracts
1.3.2 Target cost contracts on construction projects
1.3.3 Prime cost and cost reimbursable construction contracts

2

Sub-contracts

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2.1 Sub-contracting in construction projects
2.2 Sub-contractors’ insurance
2.3 Sub-contracts—stepping down a building contract
2.4 ‘Pay when paid’ and ‘paid when certified’ clauses
2.5 Construction insolvency—how to spot problems and how to protect yourself—sub-contractors
2.6 Early payment facilities

3

Design

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3.1 Design liability in construction contracts
3.2
Design liability in standard form construction contracts
3.3
Responsibility for Employer’s Requirements
3.4
Fitness for purpose in construction contracts
3.5
Duty to warn
3.6
Standard of care—consultant appointments
3.7
Copyright in construction contracts

4

Completion of the works

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4.1 What is practical completion?
4.2
Sectional completion
4.2
Early use and partial possession
4.4
Time at large in construction contracts
4.5
Defect’s liability period and rectification of defects
4.6
The final account in construction and engineering contracts
4.7
Limitation periods in construction contracts

5

Defects

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5.1 Defects liability period and rectification of defects
5.2
Defects claims in construction
5.3
Latent defects
5.4
Duty to warn
5.5
Materials and workmanship in construction contracts

6

Sub-contracts

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6.1 Interim payments in construction contracts
6.2
The final account in construction and engineering contracts
6.3
Payment in construction contracts under Legislation
6.4
Summary of payment provisions in the HGCRA 1996 and Construction Contract Act 2013
6.5
Retention of payment in construction contracts
6.6
Suspension for late payment
6.7
Remedies for non-payment
6.8
Late Payments Act
6.9
Set-off in construction
6.10
Fluctuations in construction contracts
6.11
Construction projects—unfixed materials
6.12
Retention of title in construction

7

Variations

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7.1 What is a variation on a construction project?
7.2 Variation instructions on a construction project
7.3 Valuing variations in construction contracts
7.4 Provisional sums
7.5 Quantum meruit in construction

8

Delay and disruption

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8.1 Delay and disruption in construction projects
8.2 Time and money claims
8.3 The contractor's programme
8.4 Who owns the float in construction projects?
8.5 Liquidated damages in construction contracts
8.6 Time of the essence—construction contracts
8.7
Extensions of time under construction contracts

9

Claims for loss and expense

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9.1 Common claims under construction contracts
9.2
Delay analysis methods
9.3
Claims under construction contracts—time bars and conditions precedent
9.4
The prevention principle
9.5
Time at large in construction contracts
9.6
Force majeure in construction contracts
9.7
Concurrent delay
9.8
Loss and expense claims—practical tips
9.9
Acceleration of construction works
9.10
Global claims
9.11
How to defend against a global claim
9.12
Quantum in construction claims

10

Construction Disputes

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10.1 Key considerations at the pre-action stage of a construction dispute
10.2
Documents in construction disputes
10.3
Benefits and risks of adjudication
10.4
Scott Schedules in construction disputes
10.5
Comparison of forms of ADR and litigation
10.6
Differences between adjudication and other forms of dispute resolution
10.7
Settling disputes—what, when and why settle?
10.8
Introduction to statutory adjudication

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