Contract Administration

To provide participants with the necessary knowledge and skills to effectively and efficiently manage contracting functions in Canada.

Description

Through a critical linkage of leading-edge concepts and best practices, participants will acquire the knowledge and skills to effectively manage the contracting functions.

Properly prepared procurement documents can avoid anticipated liability, poor quality/reduce performance/disputes and receive payment for work performed. Weakness in effective contract management generally stems from the absence of right process and procedures.

This seminar will define the practical and other issues involved in contract management in Canada along with the obligations of each participant in these activities and how the disputes related to contracts both in public and private sectors can be addressed.

Learning Outcomes

You will:

• Obtain a practical review of contracting processes;
• Learn how to prepare procurement documents and manage business;
• Learn how to interpret clauses, and analyze in the documents, and get the project completed on time and within budget;
• Develop the ability and confidence to take control over contract administration in your organization and have a real impact on your bottom line;
• Enhance your knowledge of the contract management techniques including contract legality, constructability and the settlements of claims;

Who Should Attend

Procurement managers, purchasing/inventory managers, supply chain associates, owners, general/sub-contractors, manufacturers, service providers, suppliers, developers, engineers, construction professionals and business-people of all disciplines and officials of government agencies responsible for the tender calls, negotiations or awarding of contracts;

This seminar will also be of interest to municipal, provincial and federal agencies and any one seeking an understanding of some of the most popular tools used in preparing, awarding and managing the contracts. 

Course Materials

Each participant will receive a complete set of course notes and handouts that will serve as informative references.

Day One

Unit 1 Tendering And The Law Of Contract

• Legal Requirements
• The legality of Contract Subjects
• Legal Capacity of Parties to Act
• Intention for Contract to be Subject to Law
• Mutual Agreement: Offer and Acceptance
• Legal termination of an Offer
• Acceptance
• Consideration
• Letter of Intent
• Instruction to Proceed
• Contractor’s Obligation to Owner
• Sub-Contractor’s Obligation to Contractor
• Contractor’s Obligation to the Sub-Contractor

Unit 2 Tendering Documents & Evaluation Process

• Background Information
• Drawings
• Specifications
• Insurance
• Bid Bonds
• Bid Depository System
• Open Bidding Service (O.B.S.)
• Visits to Site by Contractors
• Amendments to Tendering Documents
• Contractor’s Queries
• Submission of Tenders
• Separate Contracts
• Sub-contracts
• Opening of Tenders
• Evaluation of Tenders
• Award of Contract

Unit 3 Contracting Process

• Requirement Cycle
• Requisition Cycle
• Solicitation Cycle
• Award Cycle
• Contractual Cycle

Unit 4 Special Consideration For Contract Execution Changes

• Legal Perspective: Changes
• Contract Specifications
• Legal Perspective: Specifications
• Quality Control
• Legal Perspective: Warranties

Unit 5 Communication

• Methods and Importance of Communication
• Communication between Parties to the Contract
• Site Documents and Records
• Purpose and conduct of Meetings

Day Two

Unit 6 Problematic Clauses

• Individual Clause Analysis
• Contract Clauses: Owner and Contractor Views
• Contractual Allocation Risk
• Incentive Provisions

Unit 7 Consultant's Perspectives

• Complexity of Documents
• Inadequate Time
• Incomplete Drawings
• Fairness of Contract Documents
• Unbalance Bids
• Informal and Irregular Tenders
• An Unrealistic Bid
• Implication of Non-Award to a qualified Bidder & Local Preferences
• Communication of Acceptance

Unit 8 Delays And Acceleration

• Time is of the essence?
• The significance of the owner supplied schedule
• How much freedom do contractors have in scheduling their work?
• Error in the Tender schedule
• Is schedule update sufficient as notice?
• Who is responsible for delays and delay costs?
• The acceleration factor
• The principle of mitigating damages
• Quantifying delay claims

Unit 9 Dispute Resolution & Settlement Of Contractor’s Claim

• Dispute Avoidance
• General Background to Claims
• Types of Claims
• Procedural Aspects
• Preparation of Claims
• Additional Cost for Loss or Expense
• Disruption of the Works resulting from Change Orders
• Mediation
• Arbitration
• Liquidated Damages

Unit 10 Tips And Checklist