Contract Management for Construction and Infrastructure Projects

An overview of key issues affecting contract management from the earliest stages:

Risk Management

• Pre-contractual identification of risk in the design, construction and operation/maintenance of the project
• Making efficient use of a Risk Register to quantify risk and properly allocate risk to the appropriate project participant
• Understanding how risk allocation choices impact price, time, quality and control
• Recognizing how the allocation of risk should be reflected in how the contract is drafted

Project Delivery System and Contract

• Types of project delivery systems
• Ensuring the project delivery system and contract are consistent with the allocation of risk
• The various standard form contracts for use with each project delivery system
• Owner-prepared forms of contract
• Recognizing the different roles of the participants depending on the terms and conditions of the contract

Procurement

• RFP versus Call for Tenders
• Owner and contract obligations

The Contract

Comprehensive review of the key legal and commercial provisions:

• Contract price and time
• Scope of work
• Incentives
• Self-help remedies
• Security
• Insurance
• Delays
• Unknown conditions
• Indemnity
• Dispute resolution
• Termination rights
• Limit of liability

A closer look at some of the most problematic areas of contract administration and management:

• Changes in the work
• Payment certification
• Reports dealing with cost
• Schedule and performance
• Claims
• Procedure for testing and commissioning
• Certification of substantial performance and total completion including contract close-out
• Contract governance
• Master service agreements and purchase orders

Nuts & Bolts – RFP Evaluation Process

• How to effectively evaluate proposals
• Owner obligations arising from procurements
• Internal procurement policy
• Bid prices exceed budget – what can the owner do?

Negotiation and Communication – Strategies and Best Practices

• Commercial contract strategy
• Relationship building and management
• Identifying all legal, commercial and technical issues
• Internal risk review process and senior management approval, and signing of contract

Contract Kick-Off Meeting

• Introductions
• Documents submitted by Contractor prior to the start of work
• Overview of forms and the process for contract management and administration

Master Service Agreements

• Use of a master service agreement: Why?
• Key considerations for negotiation and use of a master service agreement

Performance and Contract Management

• Key tools and considerations

Contract Governance and Client Management

• Oversight of the contract and performance of the work
• Committees – project managers, executives, senior executives
• Process for meetings – how often, where, etc.
• Matters to be considered and dealt with by the committees
• Reports submitted to the committees
• Overall client management discussions

Changes in the Work

• Handlings requests for change order:
  • Delays
  • Unknown conditions and other changes in the work
• Reviewing the change order process:
  • Change order vs. change directive
  • Compensation and mark-up

Tests and Commissioning / Quality Control and Assurance

• Inspections – tests, mechanical completion and commissioning
• Reports and certificates

Claims, Settlement Negotiations and Adjudication

• Strategies for how to manage and negotiate claims including how to determine any available remedies
• Limitation periods
• Notice of Claim: notice period and content
• The use of dispute resolution: negotiation, mediation, arbitration and the court

Commercial Commitment and Costs Management

• Recognizing the importance of the commercial commitment process and how to avoid an over budget scenario at the tail end of your projects.

Substantial Performance, Total Completion, Scorecards and Post Completion

• Substantial performance, “supporting” documents and deficiency holdbacks
• Total completion – certification and close-out documents
• Post-completion – warranty items

Writing for Results

The essentials in report writing for contract managers

Insurance

• Types of insurance and how they can benefit your process in unexpected ways. Types of insurance to be discussed include:
  • Liability
  • Property
  • Auto
  • Professional liability
  • Equipment
  • Pollution (when and where)
  • Sub-guard (form of subcontractor insurance)
  • Intellectual property
  • Business loss, start-up insurance
• Contractor versus owner insurance

Global Impact on Pricing and Supply Chain

• Long term impacts and relief/management