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Construction Contract Management

REMI’s Construction Contract Management is a one-of-a-kind program, designed to help you enhance your knowledge of the key duties, responsibilities and potential liabilities in the area of construction contracts. This program gives you the opportunity to examine a number of critical legal areas that are relevant to your organization and also involves discussion of the case’s laws to create a better understanding of the subject. This 2-day practical program will help delegates deal with all the practical and contractual issues in Construction Contract Management as well as enhance their skills on the subject, resulting in a positive impact on the bottom line of the company.

Topics Covered

 Day 1

1.   Contract Law Principles- How are Contracts Formed.

  • Contracts
  • Offer or Proposal
  • Rejection of an offer / Counteroffer.
  • Acceptance
  • Consideration
  • Essentials of Valid Contract
  • Free Consent
  • Quasi Contracts
  • Performance of Contract
  • Breach Of Contract / Material Brach of Contract
  • Battle of Forms

2. Commercial Terms and Conditions

  • Indemnity
  • Assignment and Delegation
  • Successors and Assigns
  • Limitation of Liability/Total Liability Cap
  • Third Party Liability
  • Force Majeure
  • Damages, Liquidated Damages/ Penalty
  • Consequential Damages
  • Negligence/Gross Negligence and Wilful misconduct
  • Exclusive Remedy Provisions
  • Governing Law
  • Insurance
  • Subrogation and Waiver of Subrogation.
  • Representations
  • Warranty
  • Warranty and Guarantee
 

3. Identifying risk involved and cost implications

 

  • Letter of Intent
  • Memorandum of Understanding
  • Non- Disclosure Agreement
  • Understand International Best Practices
4.  Scope of Work/Statement of Work (SOW)
  • Understanding Scope in detail
  • Pitfalls in dealing with Scope
  • Guideline for drafting Effective SOW
  • Managing SOW
  • Case Study
5.  Commercial Terms in a Contract
  • Understanding Bid Bonds
  • Advance payment Bonds
  • Difference between Bonds and Guarantees
  • Performance Bond/Security
  • Retention Money/Bond
  • Comfort Letter
  • Letter of Credit
  • Parent Company Guarantee
  • Contract Price
6. Types of Contracts
  • Fixed Price Contract or Lumpsum Contracts
  • Cost Reimbursable Contracts
  • Time and Material Contracts
  • Unit rates
  • Maximum Price
  • NAPNOC
  • Measurable
  • Re-measurable contracts
 7.  IPR Rights in a Contract
  • IPR Ownership Rights in a Contract

Day 2 

1. Dealing with Variations
  • Definition of Variations
  • Variations and SOW
  • Variation Power
  • Limits on Power to direct variations
  • Pricing or valuing variations
  • Formal requirement of Variation Clause
2. Measuring Contractor Performance
  • Understanding typical methods for measuring  Contractor Performance
  • Taking preventative steps in reducing claims when dealing with Contractor Performance
3. Learn Contractual Correspondence when dealing with claims
  • Model Words /Sentences- to protect your company’s interest when dealing with Claims
4. Defects  in Construction Contracts
  • Design deficiencies
  • Material deficiencies
  • Specification problems
  • Workmanship deficiencies
  • Latent Defects
  • Patent Defects
  • Liability of Defects under the Contract
  • Defects Notification Period
  • Defect Liability Period
  • Decennial Liability
5. Key issues in Dealing with Construction Claims
  • Extension of Time (EOT)
  • Program and Records
  • Time is the essence
  • Time at large
  • BOQ
  • Design Error
  • Termination
  • Disruption
  • Cost for Claims preparation
6. Claims arising out of Delays
  • What is Delay
  • Causes of Delay
  • Excusable and non-excusable delays
  • Most common example of delay claims
  • Acceleration
  • Concurrent Delay
  • Float
  • What is required for a successful delay claim
  • Heads of Damages
  • Recommendations to avoid delay claims
7. The most frequent clauses which give rise to  Claims
  • Unforeseeable physical conditions
  • Right of Access to the Site
  • Delayed Drawings or Instructions.
  • Adjustment for changes in legislation
  • Commencement of the Works
Program Features
  • Learn how to create a formal contract
  • Deal with contractual  clauses that minimize contractual risk
  • How to effectively read tender/bid documents/proposals.
  • Understand how to deal with and focus on impacts and risks in Variation Clause
  • Understand in details entitlement to EOT and concept of Time At Large.
  • Understand Delay Claims
  • Understand, identify and learn about risks and costs involved when dealing MOU/LOI and NDA
  • Suggestion on how Claims can be avoided and focus on best practices on contractual correspondence.
  • Understand the pitfalls in drafting the Scope of Work (SOW)
  • Understand the methods involved in measuring Contractor Performance.
  • How to deal with dispute and dispute resolution clauses in a contract.
  • Dispute Resolution
  • International Best Practices
Eligibility and Duration
Eligibility: Managing Directors, Contract Directors, Project Directors, Legal Team, General Managers, Contract Managers, Projects Heads/Managers, Contract Heads,  Claims Managers, Contracts Specialists,  Consultants, Engineers, Planners, Schedulers, Quantity Surveyors, Architects and Sub Contractors. Duration: 2 Days
Certification
The certificate will be issued by The Real Estate Management Institute - REMI

What People Say

It was an Amazing Experience with REMI. I would like to thank each and every faculty for sharing tremendous knowledge of an Industry. I never thought that Understanding Construction techniques and Calculations will be so Easy and Fun for non- technical person. Best part of my journey with REMI was to learn about overseas Real estate market, which i think only REMI can teach that in better way in whole India. I would also like to thank placement department for helping me to get my dream job at Shivalik ventures as senior Executive Marketing.
I must say REMI is making Real Estate more Organized than before.

Prerana Mane, BMF Batch Sept-2018, placed at Shivalik Ventures Pvt Ltd

REMI has been doing a pioneering work in Real Estate by bringing people associated with the field together under one roof. I am glad that I am a part of such family where all like minded people are working hard to bring a positive change in the market. Thank you REMI for providing me with this opportunity.

Swapnil Tambe, BMF Batch Sept-2018, placed at Shivalik Ventures Pvt Ltd

REMI has been a very wonderful experience for me. I got the opportunity to meet different personalities from various fields and all age groups which gave me an immense knowledge about the world. The faculty members are expert in their field and and have immense knowledge and solved all our queries very effectively. REMI gave me the confidence which was missing in me and made me market ready. They also provided us with the placement due to which I am financially independent is a major accomplishment for me and I thank REMI and really happy with my placement. They shortlist best Real Estate companies and place their students in them. Being from REMI I get more respect at my workplace and as well as in the market.

Samresh Singh, BMF Batch May 2018, placed in UK realty

I’m Shubham Agrawal, Ex-Student of the Real Estate Management Institute (REMI), May Batch, 2018. I would like to thanks everyone from the REMI Team, for supporting me & helping me at all stage for my Career Growth.
I would also like to thank Institute of Real Estate Management (IREM) for collaborating with The Real Estate Management Institute (REMI) & for providing excellent knowledge to us.
Moreover, I want to thanks for granting me my Dream Job.
I wish REMI Team a Prosperous Future & Keep Expanding in Other Cities as well, Good Luck 🙂

Shubham Agrawal, Student of the Real Estate Management Institute (REMI), May Batch, 2018.

Remi was very wonderful experience for me. Start from day one we got the chance meet different personalities from different fields which gave us all immense knowledge about the world, The faculty members were expert in their field, had immense knowledge and solved all our queries very effectively. After leaving REMI we were missing weekend lectures as it was so great experience. They also provided us placement due to which I am financially independent at age 21 which is major accomplishment for me and I thank REMI for this great journey

Abdul Tariq, BMF Batch May-2018, placed at Rajdhyan Ventures Pvt Ltd

It was a great experience studying at REMI; it enhanced my knowledge about the real estate sector and gave me a career growth. Today I am working with Propp.com as a CRM through REMI.

Gaurav Pokhriyal BMF Batch May’16 Placed as ‘ CRM – Propp.com

Hi I am Jashn Thakur, currently in my 4th year of B-Tech, I joined REMI because I thought Real Estate is an amazing field and it has huge future in India and is untapped currently. After RERA coming into picture, the sector has a huge scope of development. REMI has the best course to start a career in real estate as a broker, marketer etc. My experience here was amazing. From legal to layout designing REMI thought me from all the aspects. And I can guarantee you that REMI will take care of you even after graduation.

Jashn Thakur (Mumbai Batch 2018)

I wanted to learn about Real Estate Management and chose to do a program at REMI. It has been a wonderful experience and I have acquired a lot of relevant sector knowledge through REMI. The practical examples have been more helpful, in additional to the technical knowledge gained. The faculties have been cooperative and are most informed. I appreciate the initiative by REMI.

Vishnu Priya, BMF Batch- Jan 2016

It has been a privilege to be a student of REMI. This has helped me understand various horizons of the real estate sector. The Real Estate Business Management Housing Finance (BMF 201) was a very informative program that helped me groom myself to build a lucrative career in the real estate sector. I strongly recommend this program to all those interested in the Real Estate Sector to join REMI.

Viral Sarvariya, BMF Batch May 2016

It was great learning at REMI. Thank You REMI for providing me the opportunity to work at India Bulls Distribution, and giving me such a great platform to start my career in the Real Estate Sector.

Hiren Dubal, Associate Property Manager, placed at India Bulls.

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