Engineering contracts can be complex and often require information and advice from scientists, and project managers, as well as engineers.
Drawing upon engineering case studies, this introductory course will help you make the most of your contribution to the contract process.
Over two days, our expert facilitators will guide you through contemporary legal frameworks and issues in which procurement and contract management operate. They will present and apply practical tools and techniques to ensure that you gain a better understanding of the contracts you deal with in the workplace.
After successfully completing the course, you’ll be able to discuss the legal framework in which contracts operate, prepare a contract, identify problems during contract drafting, recognise anti-competitive aspects of contracting and much more. Please refer to the course in detail section below for full course details.
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We can bring this course to you and even customise the content so that it’s applicable specifically to your work group and industry context.
Find out more about how we can help you and your team with your contract management skills by filling out an enquiry form or calling +61 3 9321 1700.
This is an introductory course, so it has been designed to appeal to a broad a group of engineering professionals. This course will be useful if you currently manage (or are about to manage) contracts in your role.
Stephen Kempe has experience across commercial, contract and project management roles in both the government and private sectors. Stephen has experience developing, tendering, negotiating and managing small projects through to multi-million dollar international contracts. He offers in-depth subject matter expertise on best practices in contract and subcontracting, cost control, customer relationship management and acquisition programs.
Phillip Hall is a contracts specialist with experience working on complex, schedule-driven national and international agreements. He has been responsible for the full spectrum of commercial and contract management activities including tender and solution development, contractual drafting, negotiations, contract management, dispute resolution and closures.
Phillip has primarily worked in the defence industry, managing contracts and subcontracts for multi-billion dollar defence programs, however he also has experience working in construction and training delivery environments.
Sean McCarthy is a Senior Solicitor with Doyles Construction Lawyers, providing advice at the front-end of construction contracts, and at the back-end of dispute settlements. His background includes advising both government and private sector clients on a host of major projects and claims. Sean worked in the building and construction industry for many years before studying law and is also a Director of the Society of Construction Law Australia, and an active and eager educator on construction matters.
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.
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.
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; and requirements to share infrastructure with competitors.
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 engineering 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, typical criteria and weightings, typical approaches, managing the process effectively.
Special contract clauses
Specific clauses in contracts e.g. intellectual property, latent conditions, key person clauses.