Whether you work in contract administration, contract drafting, project management or procurement, it is vital that you are aware of a party’s rights, responsibilities and obligations under a contract in the context of a project.
Over one day, our expert facilitators will guide you through contemporary legal frameworks to assist you to develop techniques to identify the legal framework in which contracts operate, assist in the preparation of a contract and alert you to some of the potential issues that may arise in a contract.
Build your Chartered competencies
This training course builds skills and knowledge in the following Engineers Australia Chartered status competencies*:
7. Meet legal and regulatory requirements
10. Taking Action
*Completing this course does not automatically guarantee a competency, it provides participants with the underpinning knowledge required to develop specific Chartered competencies.
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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.
If you are a contract administrator, contract manager, engineer, designer or principal involved in drafting or delivering projects under a contract, this workshop will be valuable.
Margaret Andre is a lawyer who specialises in contract law having advised and represented a wide range of parties on their rights, obligations and risk exposure under a contract. She has particular expertise in the building and construction sector and experience in dispute resolution of contract claim by way of mediation, adjudication, arbitration and court processes. Margaret has extensive experience as an educator and endeavours to create an enthusiastic, collaborative learning environment by scaffolding on the skills and experience of course participants.
Phillip Hall is a Contracts Manager 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 development, contractual drafting, negotiations, contract management, dispute resolution and contract close-out. Phil has worked across a range of industries including managing contracts and subcontracts for multi-billion dollar Defence programs and management of critical infrastructure construction programs. Phil specialises in taking a risk based approach to problem solving to deliver practical and workable solutions for his clients.
Stephen Parker-Kempe offers over 17 years of commercial and project expertise across many of Australia’s most recognised companies. His experience in both public and private roles across multiple industries, such as construction, defence, aviation and the finance sector allow him to bring unique insights on best practise. In addition, having lead commercial teams or directed legal on commercial programs (tendering, negotiating, disputes) Stephen’s background, coupled with cross industry insights, allows him to ‘bring to life’ practice examples and lessons. Stephen has been a part of the EEA team for more than five years and has a strong track record of facilitating a fun and engaging course.
Sean McCarthy is the Director of McCarthy Commercial and Construction Lawyers and 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 of 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 and express terms, estoppel, factors affecting whether a contract is enforceable or not.
Liability and duty of care, negligence by professionals and strategies to minimise risks.
Consumer law protections
Operating within the parameters of Australian Consumer Law and terms in a contract that may be unfair and void.
Types of contracts
Various types of contracts including lump sum, cost plus, standard form contracts including AS2124 and AS4000.
Managing the tendering processes effectively, identifying typical criteria, weightings and approaches.
Specific contract clauses and commonly amended contract clauses
Specific clauses in contracts e.g. dispute resolution, payment, latent conditions, key personnel clauses.