nec fidic jbcc contracts workshop 2012

THINKING BEYOND THE OBVIOUS

Mastering FIDIC, Mastering FIDIC, NEC & JBCC NEC & JBCC

Contracts Contracts

SETA Accreditation No. 2502

5 - 7 March 2012Global Prospectus Training CentreUnit 5 Ferndale Mews, 15 Dover Street , Randburg , JHB

This course had been awarded 2 CPD points by SAICE

*The fi rst 20 delegates to register will receive anoriginal copy of the NEC3 ECC (Black book)

PROGRAMME SCHEDULE

08:00 – 08:30 Registration and early-morning tea08:30 – 10:00 Facilitator’s opening remarks and morning session10:00 – 10:30 Mid-morning refreshments and networking break10:30 – 12:30 Mid-morning session12:30 – 13:30 Networking luncheon13:30 – 15:30 Afternoon session15:30 – 15:45 Questions and closing remarks 15h45 End of training

All timings are approximate due to the interactive nature of the course.

OVERVIEW

Extensive knowledge of FIDIC, NEC and JBCC contracts have become indispensable and will assist contractors, employers and financiers in becoming more astute in influencing, distributing and managing risk. An understanding of the relevant procurement and contract administrative processes contribute to the management and avoidance of disputes and increase the chances of projects being completed on time and within budget.

The 1st day will cover FIDIC, the 2nd day will cover NEC and the 3rd day will cover JBCC contracts.

ATTEND AND LEARN

This training will enhance your procurement, contract drafting and administrative skills and will enable you to draw up and to utilise FIDIC, NEC and JBCC contracts effectively, thereby increasing productivity and minimising contractual and other risks inherent on projects.

BENEFITS OF ATTENDING

• Identifying the roles and responsibilities of the various parties and role players under FIDIC , NEC and JBCC contracts

• Exploring the di! erences and similarities between FIDIC, NEC and JBCC contracts• How to make e! ective procurement choices from amongst the di! erent contracts that are available for your selection• Gain a better understanding the structure of FIDIC, NEC and JBCC contracts• Obtain practical tips on the procurement and administration of these contracts• Gain an understanding of the processes applicable to contract variations, compensation events or claims for an

extension of time and additional payment and the manner in which to prepare, to administer and to assess them• Gain an overview of the dispute resolutions mechanisms applicable under FIDIC, NEC and JBCC contracts

WHO SHOULD ATTEND

• Contract Managers• Engineers/ Project Managers / Principal Agents• Cost Engineers• Commercial Managers• Legal practitioners• Planners• Procurement and supply chain operatives

GLOBAL PROSPECTUS TRAINING (PTY) LTD.Tel:Johannesburg - +27 11 781 6222 Fax: +27 11 781 6044Tel:Pietermaritzburg - +27 33 391 4229 Fax: +27 33 391 5722

Chief Executive O er - Dhevaraj PillayMarketing - [email protected] - www.designmaster.co.za (071 018 8355)

Auditors - Russell Bedford SA (Jhb) Inc.Legal - DA Morris & Associates

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YOUR FACILITATOR




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Coenraad Snyman

Bachelor of Arts (BA) - University of Cape Town, 1986Baccalaureus Procurationis (BPROC) - University of South Africa, 1997Degree Certifi cate (Air and Space Law) - McGill University, Montreal, Canada, 1999Bachelor of Law (LLB) - University of South Africa, 2000Law Society of the Northern Provinces

Coenraad Snyman is a specialist in the procurement of EPC and EPCM contracts in the construction and mining sector, in contract administration, claims and dispute resolution. He has practical and hands-on experience in the useof most recognised forms of construction and engineering contracts in use today. He has represented both Contractors and Employers in various construction disputes and has presented numerous training courses on the procurement and use of FIDIC, NEC and JBCC contracts. Key Relevant ExperiencePublic Service Sector – Department of Foreign Affairs• South African Embassy, Washington DC, USA (December 1990 to November 1993)• United Nations, New YorkLegal• Adams & Adams Attorneys (Pretoria) - January 2001 to February 2002• Admitted as an attorney of the High Court, South Africa - February 2002• Admitted as an Attorney of the High Court of Lesotho - August 2004Corporate Legal Advice• Siemens VAS (October 2002 to March 2003) In-house Legal Consultant. Drafting bespoke contracts pertaining to the provisions of telecommunication services including Service Level Agreements, Non-disclosure Agreements and Con" dentiality agreements.Construction Law• Tiefenthaler Construction Law Consultants - April 2003 to September 2005 Legal Consultant on construction law matters. Representing and advising parties engaged in arbitrations or adjudications. Drafting bespoke contracts, including partnering contracts. Advising and assisting parties with procurement strategies and options. Providing training on FIDIC, JBCC and NEC contracts. Litigation• Tiefenthaler Attorneys - January 2004 to September 2005 Attorney specialising in construction law. Represent clients embroiled in building disputes, including arbitrations and litigation.Contractual Advice and Contract Drafting• Drafting and vetting construction contracts forclients including Alliance and Partnering Agreements, PPP’s

(Public Private Partnership) and Concessionaire Agreements• Provided procurement advice and assisted with or acted as the lead contract negotiator for and on behalf of

various international clients such as:

• Preparing ITT’s and RFP’s, drafting and negotiating EPCM contracts in respect of the following projects:

• Carried out risk assessment and contractual review of EPCM contract for various projects, including the Los Bronces Copper Project in Chile.

Training• Conducted training courses on the use of JBCC, FIDIC and the NEC contracts for inter alia:

Disputes• Represented clients in various JBCC, NEC, GCC and FIDIC disputes, by locally and international.• Acted as claims advisor in respect of various local and international projects and building disputes.Contract administration• Involved with and assisted with contract administration on various local and international projects including:

Senior Specialist Contracts & Commercial, AngloGold Ashanti, Continental Africa Region

• Anglo Platinum• Anglo American PLC• Lonmin• De Beers• Namdev• CVRD

• Bateman• Shaft Sinkers• Cementation• Murray & Roberts• Department of Water A! airs

& Forestry (DWAF)

• Mag Minerals,• Bombela Consortium

(Gautrain)• Group Five• Holcim• PPC

• Group Five• TWP• Anglo Platinum• ESKOM

• Roshcon• Siemens• Newrak Mining• RSV

• # e South African Port Operations (SAPO).

• Minas Rio Project (Brazil)• Quellaveco Copper Project (Peru)

• Michiquillay Copper Project (Peru)• BMR (Rustenburg)

• Rustenburg Base Metals Re" nery (Anglo Platinum)• Project Turbo (SASOL)• Kinsevere Copper Project (DRC)• Unki Project (Zimbabwe).

DAY 1WORKSHOP AGENDA

WORKSHOP AGENDA




Session One Introduction and overview of the FIDIC “family of contracts”• Which contracts are available for your use and selection• Distinguishing the features of each contract• How to select the appropriate contract for your particular project and needs• # e parties and role players under FIDIC and contracts

Session TwoPreparing the contract documents• # e structure of FIDIC contracts• Preparation and use of the Appendix to Tender and other essential contract documents• Preparation and use of the Particular Conditions of Contract• Preparing and use of the Works Information /Employer’s Speci" cations Scope and other essential contractual documents

Session Three Time and Change Management• Use and revision of the program• Delays, disruption and acceleration• Procedures and grounds for claiming Extension of Time and / or additional payment• How to properly prepare and quantify claims• Assessment of claims

Session Four Disputes• # e dispute resolution process under FIDIC contracts

Session OneIntroduction and overview of the NEC “family of contracts”• Which contracts are available for your use and selection• Distinguishing the features of each contract• How to select the appropriate contract for your particular project and needs• How to choose between the Main and Secondary Options

Session TwoPreparing the contract documents• # e structure of NEC contracts• Preparation and use of the NEC Contract Data (Part 1 and 2) • Preparing and use of the Works Information / Scope and other contractual documents

Session ThreePayment, Time and Change Management• Use and revision of the program• Early warnings• Compensation events• Use and applicability of the Schedule of Cost Components

Session FourDisputes• # e dispute resolution process under NEC contracts

5 March 2012

6 March 2012

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DAY 2

DAY 3CONFERENCE AGENDA

Session One Overview and use of the JBCC Principal Building Agreement (Edition 5.0 July 2007) • Overview of changes brought about by the new JBCC Principal Building Agreement• Preparation of the various contract documents ( including the Contract Data)• Obligations of the Employer• Obligations of the Contractor

Session TwoAdministration of the Contract• Role of the Principal Agent• Instructions• Use of the programme

Session ThreeTime and Change Management• Variations• Claims for an Extension of time and Cost – grounds, procedures, compilation and assessment thereof• Other claims

Session FourDisputes• # e dispute resolution process applicable to and under the JBCC PBA

7 March 2012

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Mastering FIDIC, NEC & JBCC Contracts 5 - 7 March 2012Global Prospectus Training Centre, Unit 5 Ferndale Mews, 15 Dover Street , Randburg , JHB

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2 Days5 - 6 March 2012

3 Days5 - 7 March 2012

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ONLY R7490

ONLY R8490

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Per Delegate,ex. VAT.