Key Learning Outcomes
This workshop provides a comprehensive overview of the Design-Build Contracts, from pre-tender to post-award phases, matters relating to risk allocation, key contract provisions, potential issues arising while work is progressing, as well as updates on contract forms, and recent legal cases in the region. Specifically, attendants will learn:
- Best practices for pre-tender, pre-contract stages and ECI
- Case studies of actual DB Projects and legal implications
- Developing and monitoring performance criteria in DB contracts
- Anticipating and managing payment issues and other dispute resolutions.
- Risk allocation and post-award delivery of the project
- Quality Assurance and control in DB projects
- Using contracts develped for the local / ASEAN market
- Updates on recent case law, contract forms and contractual developments in the region.
Who Should Attend
- Project Owners/Employers
- Contractors and equipment/material suppliers
- Contract Administrators and Quantity
- Engineers and Architects
- Multilateral development banks and funding agencies supporting infrastructure projects
- Legal advisers
- Government Ministries and Agencies
- Contract Managers / Project managers / Commercial Directors in any business and industry using engineering or construction contracts
Hands on, interactive presentation
This workshop is designed around case studies and practical examples. Delegates are encouraged to discuss matters, raise questions with the presenter and work out practical solutions to practical problems. Through a combination of lectures, discussion and hands on problem solving, this workshop will provide a thorough, comprehensive understanding of the design-build contracting model.
Delegates will be provided with a comprehensive set of notes that includes case studies, slides and course notes.
What Past Delegates Liked About This Course
“Trainer provides clear explanation of contractual concepts and further enhance our understanding through effective case studies”
~ Loh Hui Bin, AVP – Cost & Contracts, CapitaLand Projects
“I got a lot of new knowledge from the course. The lessons are comprehensive and will be applicable to the nature of my work”
~ Senny Ayu, Document Control Specialist, PT MRT Jakarta
SESSION 1: PRE-TENDER AND PRE-CONTRACT STAGES EARLY CONTRACTOR INVOLVEMENT (ECI)
- DB risks vs DBB risks
- Contractor’s proposal
- Employer’s project requirements
- Tendering on DB projects
- Choosing the contractor
- Analysing the contract sum
- DB Proposal preparation – Considerations when preparing RFP & RFQ
- Using standard form contracts including: Prevailing contract forms in Singapore and the region (REDAS, SIA, etc)
- New Standard Form of Sub-Contract for Design and Build Contracts by AIAC’
- International contracts such as FIDIC, NEC
- Choosing the best form of contract for your project.
- Shortcomings of the DB process and how these can be addressed upfront?
- Fewer choices in DB
- Low flexibility in choice of team members
- Cost of participation in DB competitions and implications on owner choices
SESSION 2: THE CONTRACT
- Exercise: Compare between Design-Build contracts and clauses
- The FIDIC Design-Build contracts
- Singapore’s Public Sector Standard Conditions of Contract for Design-Build Contracts
- Essential provisions
- Sample contracts examined
- Comparing and contrasting examples
- Identifying clauses with potential for dispute
- Where do things go wrong
SESSION 3: POST-AWARD PHASE – DELIVERING THE PROJECT
- The right to issue variations (change orders).
- What variations can/not be issued?
- How are variations valued?
- Assessing the time implications
- Risk allocation including, who carries the risk of:
- Extreme weather,
- Unforeseen ground conditions
- Delays in procuring goods
- Civil unrest
- Key contract provisions
- Key role players including: The role of the Engineer
- The contractor’s representative
- How much control does the employer’s team have over the contractor’s design?
SESSION 4: ISSUES ARISING WHILE WORK IS PROGRESSING
- Stages of completion
- Delayed completion, liquidated damages,and extensions of time.
- Licencing issues
- Insurance issues including coverage, limits and responsbility to secure
- Liability for defects
- Indemnity provisions
- Limitations of liability including consequential damages
SESSION 5: DB QUALITY ASSURANCE/QUALITY CONTROL
- Typical quality management tasks in design phase
- QA during procurement phase – strategies and selection process
- QC, QA and Project Quality Assurance (PQA)
SESSION 6: BRINGING THE PROJECT TO COMPLETION
- Stages of completion in DB projects
- Testing and commissioning the works including owner’s responsibility for timeous inspections.
- Delays caused by the owner and extension of time claims
- Avoiding and dealing with disputes including arbitration, litigation and adjudication
- Extended warranties and latent defects
- Cancellation and suspension of contract works
SESSION 7: PAYMENT ISSUES
- The lump sum contract, the cost-plus contract
- Valuing change orders
- Interim accounts and final account
- Performance and payment bonds
SESSION 8: TESTING THE BENEFITS OF DB PROJECTS.
- Do DB projects deliver the project sooner?
- Do DB projects deliver the same work at a cheaper price?
- Is there more integration of designers and builders in DB projects?
- Does the DB model produce higher functional quality? Technical quality? Workmanship?
SESSION 9: UPDATES ON SINGAPORE AND ASEAN DB CONTRACT
- Prevailing contract forms in Singapore and the region (REDAS, SIA, etc)
- New Standard Form of Sub-Contract for Design and Build Contracts by AIAC
- Liquidated damages (delay damages)
- Key differences and what to use when
- Common problems and disputes
- Issues with cancellation or construction put on-hold
On-site & in-house training
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