Overview
The course focuses on providing the knowledge and skills necessary to administering and managing a contract. The course also will discuss and examine FIDIC Contracts, which are increasingly being used by international construction agencies and Multilateral Development Banks, including the World Bank. In a time when contracts awarded by government and commercial entities are increasingly complex and involve sophisticated technology, a firm understanding of contract administration and management is vital to success. Through lectures, discussions and case studies, the course will examine contracts in the award and performance phases from the purchasers' and contractors' viewpoints.
The seminar is intended for project managers, contract managers, professionals from government ministries and agencies, consulting professionals, legal advisors, and all involved in the implementation and management of a contract.
Format
The seminar will be delivered through 10 live online sessions via videoconferencing platform. Each session will last approximately 3.5 hours and will start at a time to be announced closer to the seminar, but the starting time will be within a time window of 7:00 am – 8:30 am Washington DC time (Eastern Standard Time). We expect the classes to be highly interactive and will include presentations, case studies and exercises.
Course Outline
Managing the Contract
Types, forms, and terms of contracts (including Donor Contracts)
Procurement
Concepts and principles of contract law
Key legal definitions and terms
FIDIC and other types of contracts
Contract price and payments
Contract Negotiations
Negotiation objectives
How to negotiate
Contract Administration
Roles, responsibilities and authorities
Communications and teamwork
Monitoring contracts
Administering consulting contracts
Filing records and audits
Payment schedules
Cost control
Changes to the contract requirements
Managing Contractor Performance
Reporting
Issue management
Poor performance
Managing quality assurance of deliverables
Performance evaluation
Performance incentives
Performance and Scheduling Management
Baseline tracking
Integrated change control
Management of quality assurance and non-compliance
Risk and issue management
Management handover and contract closure
Documentation management
Claims Management
Understanding claims and why they arise
How to process and assess a claim
Dispute mechanisms in the contract
Dispute mechanisms under FIDIC
Managing arbitration
Dispute resolution
Course Advisor
Don De Amicis is a Professor of Law at the Georgetown University Law Center, where he teaches international business transactions, and a Senior Advisor at the International Law Institute. He was previously Vice President and General Counsel of the Overseas Private Investment Corporation, the U.S. government’s development finance institution, which supports private investment through project finance and political risk insurance. Don was a partner at the international law firm Ropes & Gray, where he focused on finance, corporate law, and restructuring. He is a member of the Sanctions Committee of the Inter-American Development Bank and the Enforcement Committee of the European Bank for Reconstruction and Development, and also serves as an independent arbitrator.
How to register:
You can apply online at - http://ili.org/training/application.html