Distance - Construction Contract Law (0.6 CEUs)

Course Code: PM008d

zARE YOU:

Looking for professional development but do not have the time to take off from work?
Looking for refresher course on specific engineering topics and cannot find an intensive course to serve your needs?
This may be your ideal Professional Development course!

Find out more on how the Professional Development Distance Program may work for you - Click here

Duration:

This course is approximately 2 weeks in duration.

Learning Method:

The PDDP program is more of a self-guided learning style.
You are required to read the notes and materials given, complete the follow-up assignments on your own, send in your questions prior to your 1 hour webinar meeting (if required) and be involved in live discussion via the internet.
Once you have completed the course, you will receive a certificate of completion

Description

A recent research study in North America has proven that more than 80% of the construction project participants DO NOT READ the contract. With basic knowledge in contract law, you should not need a lawyer to answer questions like: “are you able to stop the construction work if you do not get paid on time by your client?”, “can you say no to a change directive issued by your client’s consultant?”, “are you able to stop paying your contractor/subs due to performance issues?”, “as a supplier, when can you withdraw from a bid without recourse”, “as a buyer, how can you cancel a bid without getting sued?”, “as a consultant, are you responsible for errors due to faulty designs not prepared by you?”, “who owns the copyrights of a design, the client or the consultant?”, “what are your remedies as a third party suffering damage under the tort law?”, “how can you ensure that your subcontractors will not bail on you as you depend on their prices in fixing your bid price?”, and “how to define the best strategies to avoid construction liens?”

This one day seminar provides you with the essential contract law knowledge that can help you understand your obligations, roles, and responsibilities under the contract, avoid unnecessary disputes, disarm claims early on time, and complete the work with minimal project risk exposure. The seminar also aims at making the most out of your contract/subcontract awareness by offering you tips for applying proven contract/subcontract administration techniques to ensure that the project accomplishes its short-term and long-term goals. Also, selected Canadian contract topics and legal cases are highlighted and commented on to demonstrate essential concepts.

Who should attend

This seminar is intended for all construction project participants (owners, contractors, consultants), such as project managers, construction managers, schedulers, cost controllers, construction superintendents, safety managers, and project coordinators to help them get a better understanding of their roles and obligations under the construction contract; thereby avoid critical situations and claims that may result into major losses to their companies.

Upon completion of this course you will be able to

Understand how the law is created in Canada
Learn the differences between Common law, Statutory law, and Civil law
Define the basic requirements of a valid construction Contract
Understand the implications of signing a contract and the consequent obligations of the contract parties
Learn the basic principles of contract formation during the construction project bidding phase
Know the conditions of construction contract termination without a remedy
Know how to avoid unethical behaviors in construction projects, such as bid shopping, illegal actions such as bid rigging, and contract interpretation rules, such as parol evidence rule, and contra proferentem
Become acquainted with the alarming clauses in the contract that may escalate impact project objectives
Develop a basic understanding of the sources of delay claims (you will learn how the critical path schedule, as built reports, productivity impact cost data, and site superintendent experience can help reducing them)
Understand the differences between prime and general contracts as well as design build (DB) and Design Bid Build (DBB) project delivery systems
Learn the basics of the employment law and labour law and their implications on the construction industry
Learn different construction procurement strategies, such as QBS, Best value, and Lowest Price, as well as the pros and cons of each
Understand various risk management and re-allocation tools, such as errors and omissions liability insurance, wrap up policies, performance bonds, and builders’ risk insurance.
Some selected topics are further highlighted, such as Builders lien act, subcontractors' issues, and alternative dispute resolution methods.

The PDDP Distance Education program works as follows:

Once you register for this course, you will be sent a login username and password for our online distance website.

You will receive the course notes in hard copy through the online website, you will receive a set of notes each week covering the course material.
A one hour video-conference session will be conducted by your instructor each week (if required). The objective of this session is to assist in solving the assignments, as well as answer student questions that should be sent to instructor early enough prior to the meeting time. In addition with being able to communicate with the instructor, you will also be able to communicate with other students in the same class and watch their questions being answered as well. (A high speed internet connection is strongly recommended for this feature).
Each set of exercises can be completed and submitted by the indicated date and your completed exercise will be marked online and and returned by your instructor.
To gain the most from your course, it is highly recommended that you participate fully in all discussions and exercises. Please remember that each course has a form of quiz or exercise at the end to test your understanding of the material. You will be informed of these dates when you receive the course schedule.

*Course commencement date is subject to instructor availability.

Mohamed Elbarkouky

Dr. Mohamed Elbarkouky, PhD, P.Eng., PMP - Project Management Training Solutions LTD

Dr. Elbarkouky is an expert in project and performance management and control. He has more than 17 years of practical experience in his field of practice. He managed and controlled a large number of complex projects in Canada, the U.S., Europe, Africa, and the Middle East. He has extensive experience of oil and gas, power plants, infrastructure, and building construction projects. Dr. Elbarkouky has a Ph.D. in construction engineering and management from the University of Alberta. He is also a Professional Engineer of APEGA and a Project Management Professional (PMP) of the PMI. He is the founder of a project management training organization that is specialized in teaching professional and academic courses in project management, risk analysis, performance management, lean construction, contract administration, scheduling, cost estimation, and project planning and control in Alberta, Saskatchewan, BC, and NWT. He is teaching for major academic institutions in Alberta, such as NAIT, UofA, and GIC.

The Canadian Legal System

Definition of Canadian Contracts

Getting to a Contract and Contract formation
Interpreting and Drafting Contracts
Breaches of Contracts
Common Issues In Contract and Law of Tort
Main contract/subcontract clauses-interpretation and their impacts on both parties (CCDC 2 based):
Agreement
contract scope
site investigation requirements
construction schedule
change orders and variations
invoice payments

Subcontractors’ issues: how to get the best out of your subcontractors and avoid their claims: bid shopping pitfalls, pay if paid and pay when paid, holdbacks, liens, product liability, etc.

Insurance and Bonds

Builders Lien Act

Delay and Impact Claims

Labour and Employment Laws

TLNT reserves the right to cancel or change the date or location of its events. TLNT's responsibility will, under no circumstances, exceed the amount of the fee collected. TLNT is not responsible for the purchase of non-refundable travel arrangements or accommodations or the cancellation/change fees associated with cancelling them. Please call to confirm that the course is running before confirming travel arrangements and accommodations. Please click here for complete policies.

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