Adjudication, Arbitration and Mediation by Atkinson-Law with Articles on Construction law and Standard Forms by Daniel Atkinson
Daniel Atkinson Limited Arbitration Adjudication Mediation
Email:daniel@atkinson-law.com 7 Oakland Drive, Robertsbridge, East Sussex TN32 5EX England
Mobile: 07778 347 777 Tel: +44 (0) 1580 880 532 Fax: +44 (0) 1580 881 140
 

Training Programme


Commercial Awareness


    1.1 Contract Details
    - The Other Party
    - Choice of Law
    - European Directives
    - Choice of Language
    - Law of Arbitration
    - Choice of Forum
    - Arbitration Procedure

    1.2 Liability and Responsibilities
    - Form of Agreement
    - Limitation of Liability
    - Design Standards and Responsibility
    - Programmes
    - Approval Procedures and Performance Tests
    - Interface Responsibilities

    1.3 Rights and Standards
    - Title
    - Bonds
    - Standard Forms of Contract
    - Letters of Intent

    1.4 Programmes and Payment
    - Contract Programme
    - Notification
    - Liquidated Damages
    - Payment Milestones
2.1 Introduction to English Law and the Law of Contract
- Courts
- Criminal And Civil Procedures
- Statutes and Statutory Interpretation
- EC Law and UK Law
- Legal Persons
- Elements of Law

2.2 Formation of Contract and Terms
- Offer And Acceptance
- Invitation to Treat
- Counter Offer
- Acceptance by Conduct
- Subject to Contract
- Retrospective Effect
- Letters of Intent
- Termination of Offer
- Intention to be Legally Bound
- Consideration
- Capacity
- Formalities
- Parol Evidence Rule
- Representations and Terms
- Collateral Contracts
- Implied Terms

2.3 Particular Issues
- Misrepresentations
- Mistake
- Incorporation Into The Contract
- Unfair Contracts Term Act 1977

2.4 Discharge and Breach
- Performance
- Agreement
- Frustration
- Breach
- Damages
- Measure of Damages
- Quantum Meruit
    3.1 Risk Allocation & Management
    - Definition of Risk
    - Risk Identification
    - Environment
    - General Approach
    - Experience & Expertise
    - Multi-Disciplinary Approach
    - Risk, Control & Cost
    - Risk Management Tools
    - Contract Strategy Response Mechanisms

    3.2 Contract Strategy
    - Defective Function Risk
    - Contractual Framework
    - Developments in Procurement
    - Typical Contracting Arrangements
    - Amended Standard Forms
    - Onerous Conditions
    - Common Problems - Industrial Plants

    3.3 Quality & Engineering and Payment
    - Adverse Physical Conditions
    - The Nature of the Risk
    - Incomplete Information - Disclosure
    - Contractual Risk Model
    - ICE Foreseeability Test
    - ECC Probability Test
    - Effect of Selected Method of Working
    - Pricing Mechanism
    - Reaction to Risk Events
    - Disputes Approach
    - Variations
    - Payment
    - The Final Certificate
    - Remedies for Non Payment
    - Defects and Warranties
    - Insurance and Indemnities

    3.4 Time
    - Contractual Provisions for Extensions of Time
    - Phased Completion
    - Time for Granting Extensions of Time for Completion
    - Delays After the Completion Date or Extended Completion Date
    - Contractor's Programme Showing Early Completion
    - Concurrent Delay
    - Prevention of Delay by the Contractor
    - Assessment and Evaluation of Delay
    - Liquidated Damages and Penalties
    - Time at Large

    3.5 Disputes
    - Arbitration Generally
    - Arbitration-v-Litigation
    - Alternative Dispute Resolution (ADR)
    - The ADR Machinery
    - Mini Trial
    - Mediation
    - Conciliation
    - The Neutral
    - Conciliator
    - Dispute Resolution Techniques
    - Client Competence
    4.1 The Employers Objectives
    - Employment and Training
    - Budget and Programme
    - Value for Money
    - 'Intelligent' Client

    4.2 The Procurement Options and Construction Management
    - Traditional and Design and Build Options
    - Control over the construction process
    - Design management and the construction management

    4.3 Integrating the Construction Manager with the Client Team
    - The Cultural Issues
    - The Designer
    - Reporting systems
    - Quality management systems

    4.4 The Contractual Matrix
    - Practical documentation for construction manager's duties
    - Contract conditions for package contractors

    4.5 The Management Systems
    - Mechanisms and contract procedures for valuation, certification, payment, change instructions

    4.6 Other Consultant's Roles
    - The Employer's QS
    - The management of cashflows/annual expenditure
    - Building the team -- partnering
    5.1 Types of D&C Arrangement
    - Procurement Methods
    - BOT, BOOT, DBFO, DCMF, BLT, PFI
    - Concession Agreement
    - Construction Contract
    - D & C Only

    5.2 Procurement of D & C
    - Comparison with Traditional Methods
    - Problems
    - Advantages
    - Pre-Qualification
    - Post-Tender Inteview
    - Two Stage Tendering
    - Lump Sum
    - Development of Design

    5.3 Standard Forms of Contract
    - With Contractors Design
    - Special Standard Forms for D & C

    5.4 Employers Requirements
    - Contents
    - Errors
    - Variations
    - Changed Ground Conditions
    - Valuation of Variations
    - Provisional Sums

    5.5 Procurement of Design
    - Defining Employers Requirements
    - Consultant Novation
    - Completion of Design

    5.6 Contractors Proposals
    - Contents
    - Status

    5.7 Design Liability
    - Standard
    - Total Failure
    - PI Insurance

    5.8 Compliance Monitoring
    - General
    - Quality Management Systems
    - Inspection & Approvals
    - LDs and EOT
    - Performance Tests and Complation
    - CDM Regs

    5.9 Defects
    - Opening Up & Inspection
    - Defects Liability Period
    - Retention