Contract Administration in Canada (1.2 CEUs)

Course Code: PM038

Daily Schedule

8:00am - Registration and coffee (1st day only)

8:30am - Session begins

4:30pm - Adjournment

Breakfast, two refreshment breaks and lunch are provided daily

Objective

To provide participants with the necessary knowledge and skills to effectively and efficiently manage contracting functions in Canada.

Description

Through a critical linkage of leading-edge concepts and best practices, participants will acquire the knowledge and skills to effectively manage the contracting functions. Properly prepared procurement documents can avoid anticipated liability, poor quality/reduce performance/disputes and receive payment for work performed. Weakness in effective contract management generally stems from the absence of right process and procedures. This seminar will define the practical and other issues involved in contract management in Canada along with the obligations of each participant in these activities and how the disputes related to contracts both in public and private sectors can be addressed.

Learning Outcomes

You will:

Obtain a practical review of contracting processes;
Learn how to prepare procurement documents and manage business;
Learn how to interpret clauses, and analyze in the documents, and get the project completed on time and within budget;
Develop the ability and confidence to take control over contract administration in your organization and have a real impact on your bottom line;
Enhance your knowledge of the contract management techniques including contract legality, constructability and the settlements of claims;

Who Should Attend

Procurement managers, purchasing/inventory managers, supply chain associates, owners, general/sub-contractors, manufacturers, service providers, suppliers, developers, engineers, construction professionals and business-people of all disciplines and officials of government agencies responsible for the tender calls, negotiations or awarding of contracts; This seminar will also be of interest to municipal, provincial and federal agencies and any one seeking an understanding of some of the most popular tools used in preparing, awarding and managing the contracts.

Rishi Kumar

Rishi Kumar, M.Sc. Eng., P.Eng., PMP, CMC, GSC is a President and CEO of Global Educational and Consulting Services (GECS) and is an approved education provider by the Engineering Institute of Canada, (EIC) and International Association of Continuing Education and Training, Washington, DC (IACET). Rishi obtained his M.Sc. in Mechanical Engineering in 1976 from University of Calgary, Alberta. Since 1976, he has held many senior positions in utility, auto industry, research & development, services, manufacturing and consulting sectors in project, program, and portfolio management of various capital projects. Since 1996, he conducted 600+ public and in-house seminars all over the globe through various universities, construction associations and other professional organizations and published/presented 25+ technical, business and management papers in various publications/conferences throughout the globe.

Mr. Kumar is a licensed professional engineer (P.Eng.) in the province of Ontario and holds various professional certifications {certified Project Management Professional (PMP), and a Certified Management Consultant (CMC) and certified Quality Auditor}. He obtained his Gold Seal Certification (GSC) from the Canadian Construction Association in 2011.

Day One

Unit 1 Tendering and the Law of Contract

Legal Requirements
The legality of Contract Subjects
Legal Capacity of Parties to Act
Intention for Contract to be Subject to Law
Mutual Agreement: Offer and Acceptance
Legal termination of an Offer
Acceptance
Consideration
Letter of Intent
Instruction to Proceed
Contractor’s Obligation to Owner
Sub-Contractor’s Obligation to Contractor
Contractor’s Obligation to the Sub-Contractor

Unit 2 Tendering Documents & Evaluation Process

Background Information
Drawings
Specifications
Insurance
Bid Bonds
Bid Depository System
Open Bidding Service (O.B.S.)
Visits to Site by Contractors
Amendments to Tendering Documents
Contractor’s Queries
Submission of Tenders
Separate Contracts
Sub-contracts
Opening of Tenders
Evaluation of Tenders
Award of Contract

Unit 3 Contracting Process

Requirement Cycle
Requisition Cycle
Solicitation Cycle
Award Cycle
Contractual Cycle

Unit 4 Special Consideration for Contract Execution Changes

Legal Perspective: Changes
Contract Specifications
Legal Perspective: Specifications
Quality Control
Legal Perspective: Warranties

Unit 5 Communication

Methods and Importance of Communication
Communication between Parties to the Contract
Site Documents and Records
Purpose and conduct of Meetings

Day Two

Unit 6 Problematic Clauses

Individual Clause Analysis
Contract Clauses: Owner and Contractor Views
Contractual Allocation Risk
Incentive Provisions

Unit 7 Consultant's Perspectives

Complexity of Documents
Inadequate Time
Incomplete Drawings
Fairness of Contract Documents
Unbalance Bids
Informal and Irregular Tenders
An Unrealistic Bid
Implication of Non-Award to a qualified Bidder & Local Preferences
Communication of Acceptance

Unit 8 Delays and Acceleration

Time is of the essence?
The significance of the owner supplied schedule
How much freedom do contractors have in scheduling their work?
Error in the Tender schedule
Is schedule update sufficient as notice?
Who is responsible for delays and delay costs?
The acceleration factor
The principle of mitigating damages
Quantifying delay claims

Unit 9 Dispute Resolution & Settlement of Contractor’s Claim

Dispute Avoidance
General Background to Claims
Types of Claims
Procedural Aspects
Preparation of Claims
Additional Cost for Loss or Expense
Disruption of the Works resulting from Change Orders
Mediation
Arbitration
Liquidated Damages

Unit 10 Tips and Checklist

Workshop 1-Tendering

Workshop 2-Contract

Case Studies

Appendix 1: RFP Sample_001

Appendix 2: RFP Sample_002

Appendix 3: Form of Tender Template

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