Engineering Contracts Training Course

'The course was informative, well presented and aimed at the right level. One of the best training courses I have attended.'
Jeff Buxton, Clyde Materials Handling Ltd.

Duration

1 day

What is this course about?

This is a highly focused course, which deals exclusively with engineering contracts and the use of legal skills to manage risks and to provide solutions to problems. Only aspects of the law and related practice that are relevant to engineering and that the engineer or manager will be able to use on a day-to-day basis will be discussed - this is, above all, a practical programme.

Examples, case studies and practical work will deal with the legal issues that engineers are most likely to encounter and the course will include suggested solutions and techniques for dealing with these issues.

Who would benefit?

• Project Managers
• Contract Managers
• Engineers
• Tender and Proposals Engineers
• Purchasing Managers
• Sales Executives and Managers

Objectives

To give delegates:-

• Solutions and techniques to deal with legal issues relating to engineering contracts
• An understanding of the structure and content of engineering contracts
• The ability to assess and understand the risk in engineering contracts
• The skills to relate principles of contract law to engineering contracts

Key topics covered

1. Negotiating and structuring engineering contracts

• Different types of forms
• How engineering contracts may come into being
• Letters of intent and instructions to proceed
• Authority to contract
• Work commenced in the absence of a contract

2. Time and the engineering contract

• The date of the contract
• The commencement of the date of the project
• Key dates for information and approvals
• The importance of the programme
• Failure to meet stated times or dates
• Time and whether it is 'of the essence'

3. Price, payment and additional costs

• Ways in which the price can be formulated in an engineering contract
• Legal requirements
• Methods of payment
• Additional cost clauses
• Variations and their effect on cost
• The relationship of force majeure to costs

4. Key clauses about obligations of the parties

• The role of the engineer or other person appointed
• Contractor's obligations
• Indemnities and their meaning

5. Terms and obligations relating to quality

• Express terms
• Implied terms
• Remedies under common law
• Limits of liability and the different ways of setting them

6. Relationships involving other parties

• Assignment and sub-contracting
• Some problem areas involving third parties

7. Title to goods in intellectual property

• The importance of establishing title to goods
• Different times or methods by which property can pass
• Intellectual property rights in an engineering contract

8. Guarantees, bonds and other undertakings

• What are bonds and guarantees and what commercial purposes do they serve?
• How and when the obligation to provide them arises
• Who provides the bond or guarantee?
• Conditional and on-demand bonds and their legal implications
• Values of bonds in relation to the price and method of payment
• Risk appraisal
• Some practical points to bear in mind when dealing with bonds and guarantees