Contracting Engineering Projects program design
Contracting Engineering Projects is a redesign of the TIAS International Contracting Program in order to make this program fit for blended delivery. The program will start with 3 dayparts online followed by 6 dayparts in class. This redesign preserves the contract cycle as the recurring theme of the program. In addition, the program features a number of relevant case studies. The Contracting Engineering Projects program includes the following modules:
Online
Module 1: Introduction:
- Welcome, course objectives, logistics
- Introduction TIAS Team and (briefly) participants
- Overview of contracting engineering and construction projects
Module 2: Capita Selecta Contract Law – 1:
- Agreement: contract law, offer and acceptance, withdrawing an offer, Letter Of Intent (LOI)
- FIDIC Golden Principles and models, roles duties and general obligations
- Non performance and remedies, limitation of liability Force Majeure (Exceptional Event)
Module 3: The Contracting Process:
- Desired project outcomes: erspective of the client, owners, and contractors
- Contracting process: tendering, contract management, scope segmentation and generic contracting (EPC/EPCM)
- Risk & stakeholder management: risk definition, description (cause, event, consequence), classification and quantification
In class
Module 4: Scope and Pricing
- Introduction participants and recapitulation of online learnings
- Scope & pricing: functional vs prescriptive scope definition cost probability
- Pricing structures
Module 5: Sourcing and Tendering
- Process (pre-qualification, Invitation To Tender award), technical/commercial evaluation, , deviations, qualifications, alternatives
- Risk pricing: optimum lump sum tender price, forms of payment and payment phasing
Module 6: Capital Selecta Contract Law – 2
- Liabilities and Warranties: warranties, effect warranties on liability and the burden of proof, defect notification period, types of time bars
- Claims: type of claims (Extension Of Time, compensation for delay and/or disruption, cost compensation process, including notices and timing CEES principle (Cause - Effect - Entitlement - Substantiation)
- Dispute resolution: building your case, state courts versus arbitration, other forms of alternative dispute resolution
Module 7:Stakeholder Management
- Collaboration: clear, concise, contemporaneous and contractual communication (C4) and proactive, pragmatic, personal and professional management (P4), teamwork
- Relational contracting:Delivery obligation versus obligation to make efforts, contractual and non-contractual incentives, relational risk as opportunism vs trust
- Drafting of the agreement, behavior at the negotiation table, and beyond.
Module 8: Contract Management
- Contract management: information management, performance indicators, earned value analysis
- Governance & Assurance: financial authorities (including tender board), definition of mandatory contractual risk allocation, insurance
Module 9: Recapitulation
- Summary of program learnings
- Reflection and final Q&A
- Program evaluation and closure