Construction Contract Management (fidic / Nec / Epc) Training Course

Introduction

Effective Construction Contract Management is the backbone of successful project delivery in the complex and often contentious construction industry, particularly when dealing with internationally recognized frameworks like FIDIC, NEC, and EPC contracts. This essential training course is meticulously designed to equip project managers, engineers, quantity surveyors, legal professionals, and commercial teams with the specialized skills and strategic insights required to navigate the intricacies of construction contracts from tender to closeout. Participants will gain a robust understanding of contract types, risk allocation, claims management, dispute resolution, and contractual obligations, ensuring projects are protected, profitable, and delivered efficiently under various contractual frameworks. Our comprehensive curriculum emphasizes hands-on application, best practices, and real-world scenarios pertinent to the dynamic construction and infrastructure sectors in Kenya, empowering you to manage contractual risks and secure project success.

This construction law and contracts course is crucial for individuals and organizations in Kenya striving to minimize disputes, enhance project control, and ensure legal and commercial compliance in their construction ventures. Mastering FIDIC contract administration, implementing NEC contract management strategies, and understanding EPC project agreements are indispensable for mitigating financial losses, fostering collaborative relationships, and achieving predictable project outcomes. This program offers an unparalleled opportunity to elevate your expertise in construction claims management and contractual risk mitigation, positioning your organization as a leader in professional and legally sound project delivery, driving sustainable economic growth across East Africa.

Target Audience

• Project Managers
• Commercial Managers
• Contract Managers
• Quantity Surveyors
• Civil and Structural Engineers
• Construction Legal Professionals
• Procurement Specialists

Course Objectives

• Understand the fundamental principles of construction contract law and management.
• Differentiate between major international contract forms: FIDIC, NEC, and EPC agreements.
• Master the key clauses, roles, and responsibilities within FIDIC contract conditions.
• Learn to effectively manage compensation events, early warnings, and claims under NEC contracts.
• Understand the unique aspects of risk allocation and performance guarantees in EPC contracts.
• Develop robust strategies for contract administration from tender to project closeout.
• Apply effective techniques for identifying, preparing, and defending construction claims.
• Learn various methods for construction dispute resolution and their implications.
• Understand the importance of effective communication and documentation in contract management.
• Explore practical scenarios for managing contract variations and changes.
• Develop strategies for mitigating contractual risks and avoiding common pitfalls.
• Enhance commercial awareness and legal understanding in construction project delivery.
• Drive ethical conduct and best practices in construction contract management.

DURATION

10 Days

COURSE CONTENT

Module 1: Introduction to Construction Contract Management module

• What is a construction contract and its purpose?
• Key principles of contract law relevant to construction
• Overview of common contract types (lump sum, cost-plus, re-measurement)
• The role of contract management in project success
• Challenges of contract management in the Kenyan construction context

Module 2: Overview of FIDIC Contracts module

• Introduction to the FIDIC Rainbow Suite (Red, Yellow, Silver Books)
• Key features and philosophy of FIDIC contracts
• Roles of the Employer, Contractor, and Engineer under FIDIC
• Understanding Conditions of Contract for Construction (Red Book) vs. Design-Build (Yellow Book)
• Dispute Adjudication Boards (DAB) in FIDIC

Module 3: Managing FIDIC Contracts module

• Contractor's General Obligations and Employer's Administration
• Claims procedures and Engineer's determinations under FIDIC
• Extension of Time (EOT) and cost claims
• Tests on Completion and Defects Notification Period
• Termination provisions in FIDIC contracts

Module 4: Overview of NEC Contracts module

• Introduction to the New Engineering Contract (NEC) suite (ECC, PSC, TSC)
• Core clauses and options in NEC contracts
• Emphasis on collaboration and proactive management (Early Warning)
• Roles of the Client, Contractor, Project Manager, and Supervisor under NEC
• Compensation Events and their management

Module 5: Managing NEC Contracts module

• Procedures for Early Warning Notices and their impact
• Assessment and implementation of Compensation Events
• Program management under NEC and its importance
• Payment mechanisms and final account procedures
• Dispute Resolution Service (DRS) and Adjudication

Module 6: Engineering, Procurement, and Construction (EPC) Contracts module

• Characteristics and common usage of EPC contracts
• Turnkey responsibility and single-point accountability
• Risk allocation in EPC projects (Contractor takes most risk)
• Performance guarantees, liquidated damages, and warranties
• Key negotiation points in EPC agreements

Module 7: Claims and Variations Management module

• Types of construction claims (e.g., delay, disruption, acceleration)
• Principles of claims causation, substantiation, and quantum
• Preparing and presenting effective claims documentation
• Defending against spurious claims
• Managing contract variations, change orders, and instructions

Module 8: Dispute Avoidance and Resolution module

• Strategies for proactive dispute avoidance
• Negotiation and mediation techniques in construction
• Adjudication processes under FIDIC and NEC
• Arbitration and litigation as last resorts
• Best practices for maintaining amicable project relationships

Module 9: Commercial and Legal Aspects in Contract Management module

• Understanding project liabilities and indemnities
• Insurance requirements in construction contracts
• Force Majeure clauses and their implications
• Bonds, guarantees, and retention mechanisms
• Ethical conduct and anti-corruption measures in contracting

Module 10: Practical Application and Case Studies module

• Workshops: analyzing contractual scenarios and drafting responses
• Case studies of common contractual issues in construction projects
• Role-playing: negotiation and dispute resolution exercises
• Developing a contract management checklist for your projects
• Q&A and expert insights on specific contractual challenges in East Africa

Training Approach

This course will be delivered by our skilled trainers who have vast knowledge and experience as expert professionals in the fields. The course is taught in English and through a mix of theory, practical activities, group discussion and case studies. Course manuals and additional training materials will be provided to the participants upon completion of the training.

Tailor-Made Course

This course can also be tailor-made to meet organization requirement. For further inquiries, please contact us on: Email: info@skillsforafrica.org, training@skillsforafrica.org  Tel: +254 702 249 449

Training Venue

The training will be held at our Skills for Africa Training Institute Training Centre. We also offer training for a group at requested location all over the world. The course fee covers the course tuition, training materials, two break refreshments, and buffet lunch.

Visa application, travel expenses, airport transfers, dinners, accommodation, insurance, and other personal expenses are catered by the participant

Certification

Participants will be issued with Skills for Africa Training Institute certificate upon completion of this course.

Airport Pickup and Accommodation

Airport pickup and accommodation is arranged upon request. For booking contact our Training Coordinator through Email: info@skillsforafrica.org, training@skillsforafrica.org  Tel: +254 702 249 449

Terms of Payment: Unless otherwise agreed between the two parties’ payment of the course fee should be done 10 working days before commencement of the training.