Contract Management

This two day contract management course covers the contempary legal frameworks and issues in which procurement and contract management operate.

Practical tools and techniques are presented and applied during the course to ensure that participants gain a better uderstanding of their own real contracts and how to achieve required outcomes, products and services.

Case studies are an integral part of the course and provide a practical application to the content set out in the participants workbook.

This course applies Contract Law to engineering and is in accordance with AS2124 and AS4000.

Recognised for Continuing Professional Development (CPD) by Engineers Australia (EA) in accordance with EA CPD Guidelines.

Target Audience

For those who are seeking a better understanding of contract management and how it applies to engineering.

Course Outline

Introduction to the Legal System in which Contracts Operate

An introduction to the legal framework in which contracts operate including sources of law, precedent and case law, introduction to contract drafting

Contract Requirements

Requirements in order to create a valid contract including what is necessary to create a contract (and what a contract is not)

Issues Surrounding Contracts

Contractual concepts, parties’ rights and obligations in relation to non-performance including liquidated damages, pre-contractual promises, implied terms, estoppel, factors affecting whether a contract is enforceable or not.

Negligence

Liability and duty of care, negligence by professionals and how to minimise these risks

Disclosure in Contracting

Disclosure in relation to contracting – rights and obligations and including ways to protect your interests.

Anti-Competitive Aspects of Contracting

Dangerous practices in relation to contracting including collusion; Bid rigging; Refusing to deal with particular businesses; Requirements to share infrastructure with competitors.

Oursourcing

Outsourcing – pros and cons, different contract types including lump sum, schedule of rates, cost plus, incentive contracting, alliance contracting. Incorporating discussion of current experiences with outsourcing from different enginering organisations (has it worked well or not, how to maximise benefits of outsourcing).

Types of Contracts

Lump sum; Cost plus; Incentive based contracting; Alliance contracting; Review clauses of actual contracts; Standard form contracts including AS2124 and AS4000.

Tendering Processes

Tendering processes, typical criteria and weightings, typical approaches, managing the process effectively

Special Contract Clauses

Specific clauses in contracts eg Intellectual Property, latent conditions, key person clauses

Course Objectives

At the end of this course participants will be able to:

• Understand the legal framework in which contracts operate
• Know how to create a contract
• Understand issues in terms of contract drafting
• Have an awareness of rights and responsibilities in relation to non-performance
• Have an awareness of liability climate in which we currently operate
• Have an awareness of anti-competitive aspects of contracting
• Have an awareness of issues regarding tendering processes

Testimonials

Facilitator Information

Anthony Gray

Associate Professor Anthony Gray has delivered Contract Management courses for Engineers Australia for ten years.  He runs 26 of these courses each year, in various cities around Australia.  Feedback from participants in these courses is typically extremely positive.  He also trains employees in various engineering firms, including Thiess, Thales and Defence.  He is a lawyer with a background in commercial law.  He has been a Director of the Queensland Law Society, and currently works as Associate Professor at the University of Southern Queensland, in addition to his consulting role in the area of Contract Management.  He was recognised for his services in this field with his inclusion in Who’s Who in the World in 2009.

Registration

Please select your preferred location and date from the below table and then click on the REGISTER NOW button.

A 10% saving for Engineers Australia Members.