Legal / Law Training Course on Construction Law & Contracts

Module 1: Introduction to Construction Law and Industry Framework
Key Focus Areas:
Overview of construction law: principles, scope, and importance.
Legal relationships between parties in construction projects.
Statutory and regulatory environment affecting construction.
Contract law fundamentals: offer, acceptance, consideration, capacity, and legality.
Activities:
Interactive lecture and legal concept mapping.
Group discussion: identifying legal risks in project initiation.
Case Studies:
Analysis of a project halted due to non-compliance with statutory approvals.

Module 2: Contract Formation and Legal Essentials
Key Focus Areas:
Elements of valid construction contracts.
Pre-contract negotiations, letters of intent, and tendering process.
Understanding representations, warranties, and conditions.
Managing contract execution, amendments, and renewals.
Activities:
Drafting exercise: preparing a construction contract from a sample tender.
Workshop on evaluating tender documentation.
Case Studies:
Legal consequences of signing incomplete or unclear contract documents.

Module 3: Standard Forms of Construction Contracts
Key Focus Areas:
Overview of FIDIC, NEC, JCT, and other common forms.
Comparing rights, obligations, and risk allocation under different models.
Understanding bespoke vs. standard contract structures.
Activities:
Comparative clause analysis between FIDIC and NEC contracts.
Group presentations on standard form selection criteria.
Case Studies:
Misinterpretation of contract provisions leading to litigation.

Module 4: Roles, Responsibilities, and Liabilities of Parties
Key Focus Areas:
Legal duties of contractors, employers, consultants, and subcontractors.
Professional negligence, liability, and indemnities.
Legal implications of subcontracting and joint ventures.
Activities:
Group exercise: mapping responsibilities in a complex construction chain.
Discussion: managing professional liability through insurance.
Case Studies:
Lawsuits arising from consultant negligence or design errors.

Module 5: Risk Allocation and Management in Construction Projects
Key Focus Areas:
Identifying, assessing, and allocating project risks.
Contractual risk management tools: indemnities, warranties, liquidated damages.
Force majeure and unforeseen events.
Insurance and bonding in construction contracts.
Activities:
Risk register creation for a sample project.
Group debate: fixed-price vs. cost-plus risk exposure.
Case Studies:
Risk allocation failures in major infrastructure projects.

Module 6: Contract Administration and Project Documentation
Key Focus Areas:
Effective contract management during project execution.
Record-keeping, reporting, and communication protocols.
Monitoring performance and compliance with milestones.
Legal significance of notices, instructions, and correspondence.
Activities:
Workshop on drafting effective project notices and correspondence.
Role-play: contract administrator responding to variation requests.
Case Studies:
Disputes arising from poor documentation or missing records.

Module 7: Claims, Variations, and Extensions of Time
Key Focus Areas:
Identifying valid claims (delay, disruption, acceleration, defects).
Procedures for submitting, evaluating, and substantiating claims.
Managing variations and extensions of time.
Understanding liquidated and unliquidated damages.
Activities:
Claim preparation exercise with supporting evidence.
Simulation: handling a variation claim under FIDIC.
Case Studies:
Successful and failed claims and their contractual lessons.

Module 8: Dispute Avoidance and Resolution in Construction
Key Focus Areas:
Common causes of disputes and prevention strategies.

ADR methods: negotiation, mediation, adjudication, arbitration, litigation.
Drafting dispute resolution clauses.
Managing multi-party and cross-jurisdiction disputes.
Activities:
Mock mediation and arbitration sessions.
Group drafting of a dispute resolution clause for a sample contract.
Case Studies:
Arbitration outcomes in international construction disputes.

Module 9: International Construction Law and FIDIC Applications
Key Focus Areas:
Application of international law to cross-border projects.
Detailed review of FIDIC Red, Yellow, and Silver Books.
Choice of law, jurisdiction, and enforcement of foreign awards.
Cultural and legal challenges in multinational projects.
Activities:
Comparative analysis of FIDIC provisions vs. local law requirements.
Group discussion: managing multinational project contracts.
Case Studies:
International arbitration under FIDIC contracts and lessons learned.

Module 10: Compliance, Ethics, and Emerging Legal Trends
Key Focus Areas:
Compliance with health, safety, and environmental (HSE) regulations.
Anti-corruption and transparency obligations in procurement.
ESG integration, sustainability clauses, and responsible contracting.
Emerging trends: smart contracts, digital signatures, AI in construction law.
Activities:
Workshop on drafting ESG and compliance clauses.
Debate: the legal future of AI-driven contract management.
Case Studies:
Projects penalized for non-compliance with HSE or anti-corruption laws.
Exploration of digital contract disputes and cybersecurity risks.