1. THINKING BEYOND THE OBVIOUS
FIDIC, NEC3, JBCC,
& GCC2010 Contracts
Workshop
19 - 21 November 2012
Southern Sun The Cullinan Hotel
1 Cullinan Street, Waterfront, Cape Town, South Africa
This course had been awarded 2 CPD points by SAICE
SETA Accreditation No. 2502
2. OVERVIEW
The Construction Industries Development Board’s (CIDB) Standard for Uniformity in Construction
Procurement for works includes, FIDIC, NEC3, JBCC & GCC 2010 contracts. A detailed knowledge of
these contracts has become indispensable and will assist contractors, employers and financiers in becoming
more astute in influencing, distributing and managing risk.
An understanding of the relevant procurement and contract administrative processes contribute to the
management and avoidance of disputes and increase the chances of projects being completed on time and
within budget.
The 1st day will cover FIDIC, the 2nd day will cover NEC
and the 3rd day will cover JBCC & CGG 2012 contracts.
WORKSHOP OVERVIEW
ATTEND AND LEARN
This training will enhance your procurement, contract drafting and administrative skills and will enable
you to draw up and to utilise FIDIC, NEC3, JBCC & GCC 2010 contracts effectively, thereby increasing
productivity and minimising contractual and other risks inherent on projects.
BENEFITS OF ATTENDING
• Identifying the roles and responsibilities of the various parties and role players under FIDIC , NEC3, JBCC,
GCC 2010 contracts
• Exploring the differences and similarities between FIDIC, NEC3, JBCC & GCC 2010 contracts
• How to make effective procurement choices from amongst the different contracts that are available for your selection
• Gain a better understanding the structure of FIDIC, NEC3, JBCC and GCC 2010 contracts
• Obtain practical tips on the procurement and administration of these contracts
• Gain an understanding of the processes applicable to contract variations, compensation events or claims for an
extension of time and additional payment and the manner in which to prepare, to administer and to assess them
• Gain an overview of the dispute resolutions mechanisms applicable under FIDIC, NEC3, JBCC and
GCC 2010 contracts
WHO SHOULD ATTEND
• Contract Managers
• Engineers/ Project Managers / Principal Agents
• Cost Engineers
• Commercial Managers
• Legal practitioners
• Planners
• Procurement and supply chain operatives
YOUR FACILITATOR
Gavin Weiman
Weiman Legal Consulting
Gavin Weiman is a highly experienced attorney (non-practising), consultant and training facilitator, with extensive
(over 25 years) legal experience and (over 10 years) business consulting and training facilitation experience. Gavin
has been providing legal and contract centric consulting services, training and skills transfer services to commercial
business, public entities and other consulting organisations and training organizations. His special area of interest is
contracting and the law and its relationship to business and the economic world. Gavin is the originator of Contract
Centric ManagementTM.
GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj Pillay
Johannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.
Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
3. PROGRAMME SCHEDULE
All timings are approximate due to the interactive nature of the course.
08:00 – 08:30 Registration and early-morning tea
08:30 – 10:00 Facilitator’s opening remarks and morning session
10:00 – 10:30 Mid-morning refreshments and networking break
10:30 – 12:30 Mid-morning session
12:30 – 13:30 Networking luncheon
13:30 – 15:30 Afternoon session
WORKSHOP AGENDA
15:30 – 15:45 Questions and closing remarks
15h45 End of training
WORKSHOP AGENDA DAY 1
FIDIC CONTRACTS
1. Introduction and overview of the FIDIC contracts
• Contact Law, choice of law & interpretation of Contacts
• The FIDIC ‘rainbow’ – overview of the contracts in the FIDIC suite
• Distinguishing the features of each contract
• How to select the appropriate contract for your particular project and needs
2. Preparing the contract documents
• The structure of FIDIC contracts
• Contract documents comprising: Red Book, Green Book, Yellow Book, Silver Book, Gold Book
• Preparation and use of the Appendix to Tender and other essential contract documents
• Preparation and use of the Particular Conditions of Contract
• Preparing and use of the Works Specifications/Employer’s Requirements and other essential
contractual documents
3. Role Players in FIDIC contracts
• Employers Duties
• Contractor’s Duties
• Design Responsibilities
4. Contract Administration - Time and Change Management, Test and Certificates
• Time for Completion & Extension of Time
• Liquid Damages & Penalties
• Variations & procedure
• Use and revision of the program
• Procedures and grounds for claiming Extension of Time and / or additional payment
• How to properly prepare and quantify claims
• Assessment of claims
• Tests until, on and after Completion
• Certificates relating to raking over, performance, payments and disputes
• Delays, disruption and acceleration
5. Termination & Disputes
• Terminations, for cause and convenience
• Discharge, frustration and Force Majeure
• Claims Management procedures
• The dispute resolution process under FIDIC contracts
GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj Pillay
Johannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.
Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
4. WORKSHOP AGENDA DAY 2
NEC3 CONTRACTS
1. Introduction and overview of the 4. Contract Administration - Payment,
NEC3 suite of contracts Time and Change Management
• Flexibility, clarity and project management basis • Time and related matters
of NEC3 contracts • Testing and defects
• Which contracts are available for your use • Payments
and selection • Use and revision of the program
WORKSHOP AGENDA
• Distinguishing the features of each contract – • Early warnings
The Engineering Contract & Short form, The • Listed Compensation events
Term Services Contract and the Supply Contract • Notification of Compensation Events,
• How to select the appropriate contract for your Quotations for and Assessment of
particular project and needs Compensation Events
• Use and applicability of the Schedule of Cost
2. Preparing the contract documents Components
• Conventions, Variables and Definitions
• The structure of NEC contracts - Core Clauses, 5. Termination & Dispute Resolutions
Main Options (A-F), Secondary X Options & • Termination by agreement, arising from
The Customisation or Z Options ‘frustration’ and for default
• Preparation and use of the NEC Contract Data • The dispute resolution process under NEC
(Part 1 and 2) contracts
• The importance of NEC3 Works Information,
Site Information and the Accepted Programme
3. The Key Players and their roles
& responsibilities
• The Parties
• Project managers, Supervisors, Service Managers
• Adjudicators, Subcontractors, Suppliers
• Others
• Actions of the parties in good faith and trust
WORKSHOP AGENDA DAY 3
JBCC & GCC 2012 Contracts
1. Overview and use of the JBCC 3. Overview and use of the GCC 2010
Principal Building Agreement (Edition • Overview of changes brought to GCC 2010
5.0 July 2007) • Preparation of the contract documents &
• Overview of changes brought about by the new Contract Data
JBCC Principal Building Agreement • Critique of SANS form of agreement used
• Preparation of the various contract documents ( • Obligations of the Employer
including the Contract Data) • Obligations of the Contractor
• Obligations of the Employer • Obligations of the Engineer
• Obligations of the Contractor
4. GCC 2010 Administration:
2. Administration of the JBCC Time, Change Management,
Contract - Time, Variations, termination and Disputes
Termination and Disputes • Role of the Principal Agent
• Role of the Principal Agent • Instructions, Variations, Deemed Variations &
• Role of the Contractor Supplementary agreements
• Instructions & certificates • Claims for an Extension of time and Cost
• Use of the programme – grounds, procedures, compilation and
• Claims for an Extension of time and Cost assessment thereof
– grounds, procedures, compilation and • Claims & Claims Administration
assessment thereof • Termination and dispute resolution process
• Other claims applicable to and under the JBCC
• Termination and dispute resolution process
applicable to and under the JBCC
GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj Pillay
Johannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.
Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
5. PLEASE SELECT YOUR WORKSHOP
FIDIC, NEC3, JBCC, PREFERENCE ACCORDINGLY:
& GCC2010 Contracts
2 DAY WORKSHOP
Workshop
ONLY R7490
19 - 21 November 2012 Per D
3 DAY WORKSHOPeleg
ex. VA ate,
Registration Form Southern Sun The Cullinan Hotel ONLY R8490 T.
GPW Marketing 1 Cullinan Street, Waterfront,
Cape Town, South Africa
Per Delegate, ex. VAT.
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TERMS & CONDITIONS
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The will be no refunds or credit vouchers. tion costs. The conference fee includes: conference material, lunches and refreshments, but
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GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj Pillay
Johannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc.
Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates