Often engineering contracts can be complex as they require contribution and consultation between scientists, project managers, as well as engineers. This introductory course will assist you in making the most of your contribution to the contract process in your workplace.
Over two days, our expert facilitators will guide you through contemporary legal frameworks and issues in which procurement and contract management operate by working through engineering case studies. Your facilitators 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 will be able to identify the legal framework in which contracts operate, assist in the preparation of a contract, identify problems during contract drafting, recognise anti-competitive aspects of contracting and much more.
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We can bring this workshop 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 by filling out an enquiry form or calling +61 3 9321 1700.
As this is an introductory course, it has been designed to appeal to a broad group of engineering professionals. This course will be valuable if you are scheduled to manage or currently manage, contracts in your workplace.
Sean McCarthy is the Director of McCarthy Commercial and Construction Lawyers and he has extensive experience in providing advice on construction and general contracts.
As a lawyer, Sean has advised both government and private sector clients on a host of major projects and contract claims. He worked in the building and construction industry for many years prior to studying law. Sean is an active educator on construction matters.
Sean, as both a qualified training professional and experienced lawyer, brings an enthusiastic and participative approach to the courses he facilitates.
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 the enforceability of a contract.
Liability and duty of care, negligence by professionals and how to minimise these risks.
Disclosure in contracting
Disclosure in relation to contracting and 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.
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, standard form contracts including AS2124 and AS4000.
Effectively managing the tendering processes, typical approaches, criteria and weightings.
Specific contract clauses
Specific clauses in contracts e.g. intellectual property, latent conditions, key personnel clauses.