Advanced Contract Management and Dispute Resolution

Posted in Engineering - Oil & Gas

Advanced Contract Management and Dispute Resolution

📅 Duration: 5 Days
👷 Target Audience: Senior Engineers, Project Managers, Legal Advisors, and Contract Administrators in Public Construction
🎯 Skill Level: Advanced

📌 Course Objectives:

By the end of this course, participants will be able to:
✔ Understand contract structures, procurement strategies, and key contractual terms.
✔ Apply FIDIC, NEC, and other international contract standards in infrastructure projects.
✔ Implement best practices in contract administration, claims management, and dispute resolution.
✔ Identify and mitigate contractual risks, delays, and cost overruns.
✔ Use Alternative Dispute Resolution (ADR) methods such as arbitration and mediation.
✔ Develop strategies for effective stakeholder negotiation and conflict resolution.
✔ Ensure compliance with legal and regulatory frameworks in public sector contracts.

📌 Course Outline:

🟢 Day 1: Fundamentals of Contract Management in Construction

🔹 Overview of contract types (Lump sum, EPC, BOT, DBB, DBOM, PPP, etc.).
🔹 Understanding contract life cycle and key phases.
🔹 Introduction to FIDIC (Red, Yellow, Silver, and Gold Books), NEC, and ICC contracts.
🔹 Essential contractual clauses: Scope, performance, payment, variations, delays, and termination.
🔹 Case Study: Analysis of a real-world infrastructure contract failure and lessons learned.

🟢 Day 2: Risk Management and Claims in Contract Administration

🔹 Identifying contractual risks and mitigation strategies.
🔹 Handling delays, variations, and force majeure events.
🔹 Claims management: Time and cost claims, extensions of time (EOT), and liquidated damages.
🔹 Best practices in contract documentation and record-keeping.
🔹 Case Study: Managing a major contract dispute due to project delays.

🟢 Day 3: Dispute Resolution Mechanisms and Techniques

🔹 Overview of dispute resolution mechanisms (litigation, arbitration, mediation, adjudication).
🔹 Role of Dispute Adjudication Boards (DABs) and Expert Determination.
🔹 Arbitration under ICC, UNCITRAL, and LCIA rules.
🔹 Understanding mediation strategies for conflict resolution.
🔹 Case Study: Successful resolution of a multi-million-dollar contract dispute.

🟢 Day 4: Contract Negotiation and Stakeholder Engagement

🔹 Principles of effective contract negotiation and stakeholder management.
🔹 Advanced negotiation techniques: Win-win strategies and avoiding common pitfalls.
🔹 Ethical considerations and compliance in public contracts.
🔹 Case Study: Negotiating a complex infrastructure contract under a PPP model.

🟢 Day 5: Case Study & Real-World Application

🔹 Hands-on case study: Drafting, analyzing, and negotiating a construction contract.
🔹 Group discussion: Challenges in contract administration and best practices.
🔹 Presentation of strategies for effective contract dispute prevention and resolution.
🔹 Course assessment and feedback session.

🛠 Tools & Software Used:

✅ FIDIC Contract Management Tools – For contract drafting and compliance.
✅ Primavera P6 / Microsoft Project – For delay analysis and claims evaluation.
✅ Power BI / Tableau – For contract risk assessment and performance tracking.
✅ Case Law & Arbitration Databases (ICC, LCIA, UNCITRAL) – For legal reference and dispute resolution.

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