Course Outline:
A. Introduction and Executive Summary
1. Comparing and Contrasting the Domestic and International Construction Project.
2. Contract Terminology, Participants and Tier Level Definitions.
3. Roles and Responsibilities of the Owner, Contractor, Engineer and Consultants.
4. Risk Mapping and Identification.
5. Variations, Changes, Claims and Disputes Resolution.
6. Language, Choice of Law and Choice of Forum for Disputes Resolution.
B. Employer, Contractor and Engineer: Entities and Form of Organization
1. The Owner/Employer.
a. Public versus Private Ownership.
b. Owner Risk Allocation.
c. Impact of the various forms of Project Deliver on Risk Allocation.
2. The Contractor Entity.
a. Contractor Risk Allocation.
b. Joint Ventures and Consortia.
c. Design-Build Entities.
d. Alliance Contracting.
e. Impact of the various forms of Project Deliver on Risk Allocation.
3. The Engineer Entity.
a. Engineer Risk Allocation.
b. Non-Design-Build Arrangements.
c. Design Build Arrangements.
d. Relational Contracting.
e. Impact of the various forms of Project Delivery on Risk Allocation.
4. Subcontractors.
a. Nominated Subcontractors.
b. Subcontractor Risk Allocation.
C. Project Delivery Formats
1. Construction of Works Designed by the Owner.
2. Engineer, Procure, Construct and Turnkey.
3. Design, Build and Operate.
4. Plant and Design Build.
5. AIA Contract formats.
a. Lump-Sum Construction.
b. Guaranteed Maximum Price.
c. Design-Build.
d. Integrated Project Delivery.
6. Mapping the Risk Allocation in the Delivery Formats.
D. Representatives, Consultancy and Engineering Contracts
E. Standard Contract Forms
1. FIDIC – International Federation of Consulting Engineers.
2. NEC2 and NEC3.
3. Engineers Joint Contract Documents Committee.
4. American Institute of Architects.
F. Procurement, Solicitations, Invitations to Bid and Letters of Tender
G. Construction Risks and Associated Contractual Provisions
1. Timely Access to the Site of the Works.
2. Contract Funding, the Owner’s Financial Arrangements and the Impact of Variations or Changes in the Works.
3. Authorized Representatives, Authority and Directives.
4. Subcontracts and Flow-Through of Contractual Provisions and Risks.
5. Cooperation and Lack of Interference or Hindrance.
6. Quality Control.
7. Differing Site Conditions – Unforeseeable Physical Conditions.
8. Owner/Employer Furnished Equipment or Materials.
9. Inspection, Testing, Rejection.
10. Defects in the Works and Remediation.
11. Delays in the Prosecution of the Works and Resulting Damages.
12. Changes, Adjustments and Variations.
13. Termination or Suspension.
14. Completion and Employer Take-Over.
15. Contract Financing and Payments.
16. Performance Security.
a. Letters of Credit.
b. Suretyship and Bonding.
17. Indemnity and Express Risk Assumption.
18. Insurance Coverage.
19. Force Majeure.
20. Acts of the Sovereign and Appropriation of Assets.
21. Severe or Adverse Weather.
H. Disputes
1. Contractual Provisions Governing Disputes Resolution.
2. Mediation.
3. Dispute Adjudication Boards.
4. Arbitration.
a. The Agreement to Arbitrate.
b. Choice or Arbitral Procedures and Administrative Bodies.
c. The Seat of the Arbitration and Salient Aspects.
d. Selection of the Arbitrator(s).
e. Enforcement of Arbitral Awards.
5. Sovereign Courts and Litigation.
6. Preparation and Proof of Claims.
a. Methods of Proof and Substantiation.
b. Documentation and Records.
I. Country and Political Risk
1. Bilateral Investment Treaties.
2. Expropriation and Compensation.
3. Foreign Corrupt Practices Violations.
4. Competition and Bid-Rigging.
5. Political and Civil Unrest.
6. Currency Valuation and Fluctuation.
7. In-Country Banking Limitations.
8. Infrastructure and Logistics.
