Bespoke Construction Seminars

We provide our clients with a range of seminars and training sessions. These can be formal or informal, and imparted at our offices or at yours. These can be tailored to your company’s needs.

Some suggested seminar topics are as follows:

1. The New NEC4 Forms of Contract - A Guide for Construction Professionals

The aim of the seminar is to provide a 360 degree review of the NEC Engineering and Construction Contract to assist the use and administration of the contract. 

The seminar will provide a practical and legal review of the use of the NEC ECC contract from the perspective of the Client, the Contractor / Consultant, and the Lawyer.

The aim is to equip delegates with detailed knowledge and skills to confidently use the NEC4 form, to manage problems that commonly arise, to participate in dispute resolution and to use the NEC4 effectively and properly to keep a project on track.

This course is aimed at construction professionals with some prior experience or knowledge of the NEC suite of contracts.

What you will learn

This course will cover the following:

  • Understanding the key terms of the NEC4 form of contract
  • Contractor’s Proposals
  • Contractor’s Design Option
  • Early Contractor involvement
  • Defined Cost
  • Changes to Cost Schedules
  • Finality of Assessments
  • Dispute avoidance
  • Recognising how to use the NEC4 form effectively
  • Managing problems that commonly arise in practice

2. Contractual Arrangements

This seminar will look at how contracts are formed and the allocation of risk.

  • Interaction between Development Agreements and construction contracts
  • Putting the contact together properly
  • The allocation of risk
  • JCT forms - schedule of amendments/prelims/specification/drawings
  • Collateral warranties
  • Working with NEC

3. Ensuring Payment in  Construction Contracts

  • Adequate Payment Mechanism
  • Application for Payment
  • Payment/Pay Less Notices
  • Variations
  • Relevant events/Extension of Time
  • Loss and expense

A contractor agrees to carry out construction work for an agreed cost. However there are a number of different ways in which the construction costs can increase.

We will look at the ways in which a contractor can make claims for extra monies and how these should be dealt with by the employer.

4. Dispute Resolution

  • Adjudication
  • Arbitration
  • Mediation
  • Court Actions
  • Enforcement of Adjudicator’s Awards

When a dispute arises the parties can resolve it in different ways. This seminar will look at each of the different types of dispute resolution which are available. We will examine each of the different procedures and how to maximise the best use of these.

5. Health and Safety

  • CDM Regulations - Client/Principal Designer/Contractor
  • Corporate Manslaughter Act - corporate responsibility for Health and Safety
  • Health and Safety Offences - imprisonment/fines
  • Recent Health and Safety Case Law
  • How to manage HSE Inspections/Visits

Health and safety is an important consideration in any workplace. This is even more so where that workplace is a construction site.

This seminar will examine the relevant health and safety regulations and how this affects construction contracts and the construction workplace. We will also look at how these laws are being enforced and the penalties that are being imposed where these are breached.

6. Construction Law Update

  • Relevant and recent case law
  • Recent changes in law and how these will affect the parties
  •  Looking ahead - likely changes to law and up-and-coming cases

This seminar will look at topical case law and statutory changes and how these will affect construction contracts and the administration of these. We will look into our crystal ball to discuss likely changes and case law that is coming up.

7. Joint Venture Agreements in Construction Projects

Partnering is a way of sharing risk and reward and entering into a joint venture is a major decision.

This masterclass considers the main ways you can set up a joint venture; the advantages and disadvantages of doing so; how to assess if you are ready to commit and what to look for in a joint venture partner.

It will also look at the risks in joint venturing and partnering and how these should be dealt with in any agreement.

What You Will Learn

This masterclass will cover the following:

  • Joint ventures - types of joint venture
  • Legal vehicles
  • External rules - how the joint venture enters into contract
  • Internal rules - how the joint venture parties set out the obligation to each other
  • Risks of joint ventures
  • Problems - if the objectives of the joint venture are not clear or parties have different objectives or imbalance of levels in expertise, investment or assets, poor integration or no leadership

8. The Legal and Contractual Implications of BIM

BIM is the process of generating and managing data during the construction process and thereafter during the completed works life cycle. Typically BIM uses 3 dimensional real time, dynamic building modelling software to increase productivity in the design and construction stages.

There is a concern that the level of integration and inter-operability required by BIM at Levels 2 and 3 will have an impact on design liability, PI insurance and the ownership of data and/or the copyright in both the individual contributions and to the model and the model itself.

What this seminar is concerned with is making sure that the legal and contractual position is properly set out. We will look at;

  • Copyright/IP ownership issues
  • Responsibility for design
  • Interrelationship between design parties e.g. vertically and horizontally
  • Impact on PI insurance
  • What does the transfer/uploading of information mean
  • Variations/instructions
  • Defects/clashes in software
  • Defects/problems – relevant events/compensation events
  • What does the BIM Manager do?

9. Contractors in Financial Difficulties

Aimed at employers, contractors and subcontractors, we will present a seminar on the financial difficulties experienced by contractors, including the warning sings, causes, effects and contractual dos and don’ts.

This seminar will focus on the following topics:

  • Warning signs: what to watch for
  • Causes: poor contract management; poor procurement/contractor selection; poor contractor/subcontractor/supplier selection
  • Effects: cash flow; quality; health & safety; insolvency
  • Protection: pre-qualification; contractor selection; employer selection; procurement and contract selection; bonds and guarantees; project insurance; project bank accounts
  • Insolvency: termination; valuation

If you are interested in any of the above sessions, please contact Phil Morrison on +44 (0)113 297 8934 or at pmorrison@shulmans.co.uk.

Our team

Phil Morrison

Partner

Head of Construction

Direct Line +44 (0)113 297 8934

Jayne Smiles

Associate

Construction

Direct Line +44 (0)113 288 2815