Measured development Construction and Engineering Training Supplement Guide

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Measured development

Construction and Engineering

Training Supplement Guide

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Welcome

Eversheds is the law firm behind some of the world’s most ambitious construction and engineering projects. We have one of the biggest teams serving the sector: 100 specialist lawyers working across our network of international offices, and many of our lawyers have worked in-house, gaining years of industry-specific expertise and qualification.

This brochure sets out our core construction and engineering training programme. We can flex all of the sessions to reflect the make-up of the audience, whether exclusively lawyers or (more commonly) a combination of lawyers and business colleagues. All of these training sessions can be delivered in-house and tailored to meet the needs of your organisation. Alternatively we can host the training at our offices if you prefer an off-site solution. We also offer a series of short monthly lunchtime webinars on current construction law topics.

The vast majority of the training is offered free of charge, although for longer and more bespoke sessions a fee may apply.

We offer a pick and mix approach to most of the training. So if you want to discuss a longer session that covers a range of different subjects we can arrange that. Alternatively, you can register to attend one of our premium full-day courses.

If you are interested in a topic that isn’t covered in this brochure feel free to call or e-mail me. Our colleagues outside the construction and engineering group will almost certainly be able to assist.

Simon Oats Partner +44 207 919 4750 [email protected] Full-day courses Half-day courses Hour long courses A fee may apply

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Measured development

Construction and Engineering Training Supplement Guide

Contracts and procurement

in construction

There is a broad range of possible contracts and procurement routes for both construction and engineering projects. Each has different characteristics, different implications for any interested third parties and different risk profiles. The aim of these courses is to introduce you to these various options but topics may also be offered on a pick and mix basis to suit your individual needs.

Standard form construction contracts

Courses covering any standard form construction and engineering contract including FIDIC, NEC3, LOGIC, IChemE, JCT and ICC:

An introduction to the standard forms Focussed look at one suite of standard form contracts

Unlocking construction contracts: the difference between JCT and NEC3

NEC3 and the contractual management of risk

Construction topics

Other short courses covering specific construction and engineering issues: The building blocks of a construction contract (key terms)

Liability for defects

Warranties and third party rights Current trends in alliancing

Collaborative frameworks and long-term partnering arrangements

Construction and engineering

Hour long courses

Training can be delivered in one hour, two hour, half-day or full-day sessions (a fee may apply for half and full-day sessions).

An introduction to construction contracts

A series of one day courses ideal for junior team members or those new to construction contracts. Alternatively topics can be covered on a pick and mix basis.

Full-day course

Understanding Construction Contracts – Part 1 (full day)

– Consultants and Appointments – Implied terms in Appointments – Intellectual Property in consultant

appointments

– Collateral warranties and Third Party Rights – Security (Performance Bonds and

Guarantees).

– Procurement routes – Implied and Express terms

– Letters of intent

– Early contractor involvement

– Key provisions in engineering standard

forms

– Risk allocation in construction &

engineering contracts

– NEC3 contracts

– Alternative methods of procurement

Construction contracts:

all you need to know

Full-day course

This session will provide a detailed analysis of one or more of the standard form construction contracts or a particular procurement route and can be tailored to suit your needs. A full day can be spent undertaking a thorough analysis of one particular suite, with case studies to explore the common issues which arise. Alternatively, our specialist lawyers can provide a comparison of two or more suites of contract, highlighting the similarities and differences in each and the reasons for selecting one form over another.

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EPC in detail

Full-day course

EPC

– Differing approaches to allocating and

managing risks in major capital projects;

– Mechanisms for contracting– the EPC,

EPCM, EPCI models;

– Key Issues in EPC Contracts: – Limits on liability

– Design liability/fitness for purpose – Indemnities – Knock for Knock

indemnities

– Security for performance – Credit position

– Performance standards – Construction risks – Testing

– Standard form approaches – FIDIC,

LOGIC

– Alternative approaches and industry

standards– target cost, framework agreements, alliancing

– Particular issues affecting international

projects - language, choice of law, jurisdiction, enforcement

Project management and dispute avoidance

– key contractual issues

– Consequential & indirect losses; – Change management &

consequences

– Defects & warranties

– Procedure for claims – conditions

precedent

– Delay and performance – Caps and exclusions – Termination and rejection

Dispute resolution mechanisms

An interactive exploration of various (alternative) dispute resolution processes. What do the processes involve? Are they appropriate? How do you get the best out of them?

– Mediation – Arbitration – Litigation

– Expert determination – Dispute review boards

EPC contracting

Engineering, procurement and construction contracts (EPC) are most commonly used by clients undertaking large scale infrastructure projects. In these courses, our specialist lawyers will focus on this complex procurement route.

EPC overview

What is EPC contracting, and how does it differ from other forms of construction procurement?

Funding EPC projects globally EPC construction and design risk The contractors risks, and the impact of variations

Managing the risk of project delay

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Construction disputes

Adjudication

Designed to provide a quick resolution to disputes between parties to construction and engineering contracts, adjudication is synonymous with the construction industry. The aim of these courses is to introduce you to various issues associated with adjudication in one hour introductory sessions. Topics may also be offered on a pick and mix basis to suit clients’ individual needs.

– An introduction to statutory adjudication – Strategy in adjudication

– Understanding jurisdiction and natural

justice

– Ways to enforce an adjudicator’s decision – Drafting adjudication provisions

– Case law updates on adjudication

Alternative Dispute Resolution (ADR)

In a dispute context, one must consider all dispute resolution options available, including ADR methods. The aim of these courses is to introduce you to the different forms of alternative dispute resolution options, from mediation to early neutral evaluation, in one hour introductory sessions. Topics may also be offered on a pick and mix basis to suit clients individual needs.

– An overview of ADR forums: key features,

advantages, disadvantages and war stories

– Drafting alternative dispute resolution

provisions

– How to successfully negotiate

– Expert determination: an analysis of the

process and key case law

– Dispute boards: what are they and when

should I use one?

– Dispute boards: similarities and

differences in FIDIC, AAA, ICC and ICE

Settlement: Part 36

and beyond

At every stage of a dispute (pre and post formal proceedings), clients must consider offers of settlement. There are both commercial and legal advantages to this. In this session, we will take you through your settlement options, from formal Part 36 offer

Half-day course

Hour long course

Litigation and arbitration

Unfortunately, in some cases relationships fall down or parties fail to comply with their obligations. Failing commercial resolution or alternative dispute resolution of disputes, parties must consider formal dispute proceedings. These take the form of litigation before the Courts or arbitration. The aim of these courses is to introduce you to these formal dispute proceedings in one hour introductory sessions. Topics may also be offered on a pick and mix basis to suit clients individual needs.

– An introduction to litigation and domestic

arbitration

– Civil Procedure Rules: key changes – Disclosure: understanding the rules and

managing the procedure

– Top tips in drafting statements of case; – Strategy and tactics in final determination – Drafting an arbitration clause

– Which rules? A guide to the similarities

and differences between institutional arbitration rules

– Rules for factual and expert witnesses in

litigation and arbitration

Full-day courses

Everything you need to know

about adjudication

All of the above topics can be combined into a full day session where our specialist dispute resolution lawyers can guide you through everything you need to know about adjudication.

Everything you need to know

about ADR

All of the above topics can be combined into a full day session where our specialist dispute resolution lawyers can guide you through everything you need to know about ADR.

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Construction defects

In this course we will look at construction defects, in particular:

– Design and workmanship issues

– Changing design standards and fitness for

purpose

– Recovering maintenance or reduced

design life costs

– Generation losses

Offshore disputes

Claims associated with the construction of wind farms and other offshore activities is a particular area of expertise. Our team can provide an in depth session on:

– Claims against vessel owners including

suitability issues

– Navigational issues, traffic separation

schemes and vessel collisions

– Disruption claims from fishermen and

other third parties

– Noise nuisance claims

You can select a combination of the above for a full-day course.

Full-day course

Managing risk through contract

negotiations

In this course we will look at managing sector specific risk through contract negotiations, including:

– Allocation of variation risk

– Negotiations on sector specific issues (e.g.

vessel selection, marine warranty surveyor directions and downtime)

– Design responsibility and design

standards/obligations, including fitness for purpose and impact of design certification

Change and risk management

In this course we will look at sector specific change and risk management during construction, including:

– Omission of construction works: avoiding

the pitfalls

– Managing package interface issues – Supply chain insolvency

– Common delay causes and impact – Issues arising from adverse weather

Two day/half day courses – Sector specific

Our specialist lawyers provide sector specific training on construction and engineering issues relevant to the following areas:

– diversified industrials – wind

– solar – biomass

– power generation and distribution – oil and gas

– nuclear – public sector – transport – water – utilities

For example, we provide sector specific training on the following topics:

Developer and Funder

Requirements

In this course we look at sector specific developer and funder requirements:

– Project finance structure

– Funder approach to non-recourse

financing

– Funder/developer mindset – Bankability

– Time and money risks – Delay

– Project delay timeline – Termination

– Performance – Other issues

Two hour/Half day course

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Webinars

In addition to training delivered face to face we run short monthly webinars on construction topics.

Every three months the webinar takes the form of a summary look at case law developments and so is an excellent way to keep up to date. Recorded versions of these webinars are available free of charge on the Construction & Engineering pages on eversheds.com or alternatively you (individually or as teams) can join these sessions “live”. If you would like further details regarding the timetable or would like to register please contact [email protected].

Other training

In addition to construction & engineering contract specific training, we also offer a full range of training on other issues relevant to you including:

– Core skills

- Commercial disputes and contracts - Managing crisis, risk and reputation - Practice and procedure

- Remedies

- Managing commercial disputes - Legal privilege

- Practical skills

– Corporate compliance and claims

– Financial services disputes and investigations – Real estate litigation

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