Introduction
In this seminar we compare the NEC, FIDIC, GCC & JBCC construction contracts.
We look at the key differences between them as well as the different approaches they take to some important issues. We will show you how to identify and implement the right contract for your project.
Topics That Will Be Covered
Some of the topics to be discussed in relation to the NEC/ECC contract are the following:
- The structure of the contract;
- The programme
- Commencement & completion
- Variations & contract instructions
- Time & cost entitlement;
- The role of the employer’s agent;
- Claims process
- The NEC approach to subcontractors;
- Dispute resolution – the adjudicator;
The FIDIC Suite of Contracts with special focus on the red book (construction of a 3rd party design)
The FIDIC contracts include various “books”. These are tailor made for specific projects and include, amongst others, building works (red book), small or minor building works (green book), engineer, procure & construct (EPC) (silver book) and plant and design-build (yellow book).
In this seminar we will focus on the red book.
Some of the topics to be discussed in relation to the new FIDIC suite are the following:
- The structure of the contract;
- The programme
- Commencement & completion
- Variations & contract instructions
- Time & cost entitlement;
- The role of the employer’s agent;
- Claims process
- The FIDIC approach to subcontractors;
- Dispute resolution – the DAB;
The GCC Contract
As with the JBCC contract this is a proudly South African contract and was developed by the
Some of the topics to be discussed in relation to the new FIDIC suite are the following:
- The structure of the contract;
- The programme
- Commencement & completion
- Variations & contract instructions
- Time & cost entitlement;
- The role of the employer’s agent;
- Claims process
- The GCC approach to subcontractors;
- Dispute resolution;
The JBCC Contract
While many engineering contracts are being let under international forms of contract the Building industry has been slower to move to the international contracts and many building (and even some engineering) projects are currently being let under the JBCC contract, both in South Africa and in neighbouring states.
Some of the issues to be considered here include the following:
- The structure of the contract;
- The programme
- Commencement & completion
- Variations & contract instructions
- Time & cost entitlement;
- The role of the employer’s agent;
- Claims process
- The use of nominated and selected subcontractors.
- Dispute resolution under JBCC;
Outcomes Of The Workshop
The New Engineering Contract
It introduces “new” contractual mechanisms for effective project management and risk allocation. The NEC contracts offer many benefits to its users but because of its unique mechanisms, the plain English language used and the lack of cross referencing it is confusing at first. It is of utmost importance to get training on the use of the contract, before implementing it on your next project.
The Presenter
Roelf Nel
Roelf is a director at Roelf Nel Incorporated, a firm of infrastructure project attorneys, specializing in construction and engineering Law.
He acts for all role players in the construction industry including contractors, subcontractors, employers, consultants and suppliers in all stages of construction projects from feasibility to close out.
Roelf regularly presents CPD accredited workshops for the Pretoria, Gauteng, Free State, Kwazulu-Natal and Cape Institutes for Architecture, the Architects Association of Botswana, Master Builders South Africa North (MBSA), the Electrical Contractors Association and the Royal Institution of Chartered Surveyors (RICS) on the standard form building contracts.
He is a RICS accredited civil commercial mediator and serves on the RICS Presidents Panel of mediators, the South African Institute of Civil Engineers (SAICE) presidents panel of mediators and on the MBSA North’s dispute resolution panel of mediators.
Roelf is a member of the Chartered Institute of Arbitrators (MCIArb) and serves as an arbitrator and adjudicator on the MBSA North’s dispute resolution panel.
Testimonials:
“Roelf Nel has been involved with the Pretoria Institute for Architecture since 2011. Roelf has presented several JBCC courses to the members of the PIA. The quality of the presentations are excellent and feedback from the delegates have always been positive and members recommended his presentations to colleagues and friends.”
Mauneen van Wyk
PIA Executive Officer
“Roelf Nel has successfully delivered workshops on JBCC, Contract Management and Smaller Contractor Management as part of GIfA’s Professional Practise courses. The courses are always informative, factually on point and interactive. Roelf is an expert in his field and he always keeps delegates’ interest with his ease of presence and topic proficiency”
Kim Drew
Gauteng Institute for Architecture
CPD Validation
This course is CPD Validated for :
ECSA: 1 CPD Credit – Validation No: BEPEC/MBN-CC/270222
SACPCMP: 6 hours – Validation No: SACPCMP/CPD/19/005
Venue
154 Stilgelee Ave,
The Willows,
Pretoria, 0084