Short Course on Construction Law - Advertorial
 Short Course on Construction Law with particular reference to the JBCC 2000 Series of Contracts in particular the application of ...
- JBCC Principal Building Agreements Edition 5 (2007) and Edition 4.1 (2005),
- JBCC Nominated / Selected Subcontract Agreements Edition 5 (2007) and Edition 4.1 (2005),
- MBSA Domestic Subcontract Agreement Edition 5 (2008) and Edition 4.1 (2005)
Venue:
Durban Country Club - Isaiah Ntshangase Road, Durban
Course Dates: 5 - 6 April 2011
Overview
The construction industry is becoming ever more competitive and demanding. It is no longer sufficient for practitioners to understand the technicalities of their field. In addition to understanding the technicalities, construction practitioners are required to understand the legal framework within which they operate.
Every member of the construction team should have an understanding of contractual issues, the law regulating claims, the law regulating negligence and other legal issues. In an industry that is seeing increased insolvencies, increasing claims and numerous disputes, the importance of a sound understanding of the legal background cannot be underestimated. For, as many construction professionals understand, the business of construction is not so much the business of completing works as it is the business of managing money and controlling risk. A thorough understanding of the legal framework provides the key both to successful money management and to reliable risk management.
Most construction players have encountered the law during the course of their work, yet few have the competitive advantage gained from a comprehensive understanding of the law. In order to meet the needs of this sector, Instrument Property Consultants has designed an in-depth, course on construction and engineering law.
The course is aimed at all levels of construction personnel who have had little or no formal training in construction law. The course will cover all key areas of construction law, in an informative, interactive and educational manner.
Workshops
Sessions will include workshops that will be designed to:
- meet the needs of those who have no formal legal training but who do have an understanding of the construction environment.
- meet the needs of those who have legal training, but who do not have experience in the construction environment.
- cover areas where disputes and conflict often arise.
- cover case studies based on practical experiences and real life scenarios
- allow for maximum communication between presenters and delegates and amongst the delegates.
Standard Contracts
This course will be designed around the JBCC 2000 suite of documents, in particular the JBCC Principal Building Agreements
Edition 5 (2007) and Edition 4.1 (2005), the Nominated / Selected Subcontract Agreements Edition 5 (2007) and Edition 4.1 (2005) and the MBSA Domestic Subcontract Agreement Edition 4.1 (2005) and Edition 5 (2008).
Presenters will use this contract to illustrate issues and to show how the standard contract deals with important issues. Practical exercises and group exercises will be designed around these contracts. In order to gain the full benefit of this course, delegates will be expected to have a copy of the contract available.
Course Notes
Core Notes designed for each section will be made available to the Delegates at registration.
Special Features
A special feature of the seminar will be the in debt analysis of events that impact on the JBCC/MBSA Subcontracts and the possible remedies/claims for cost and time, that the Main Contractor will have in terms of the JBCC PBA. The importance of sound procurement of Subcontracts and possible pitfalls with current appointment methods. Another special feature will be the detail comparison between the JBCC 2005 Agreements and the JBCC 2007 Agreements and the impact of such changes.
Course Content
The sessions will deal with the various Topics as listed below, with reference to the applicable clauses in the JBCC. In the various sessions a number of frequently encountered practical problems will be dealt with. These sessions will cover a wide range of issues from tender stage, through execution, commissioning and beyond final completion.
Instructor : Toit Malan (in conjunction with Rudolf van Graan)
Educational Qualifications
- B.Eng (Civil) University of Stellenbosch (1984-1987)
- M.Eng (Project Management) University of Stellenbosch (1988-1990)
- LLB (University of Natal, Unisa and Western Cape) 1994
- Higher Diploma Specialisation in Construction Law (Association of Arbitrators) 1999
- Certificate Sports Law (University of Cape Town; Anglia Polytechnic University, UK) (2000)
- Certificate Arbitration Skills (The Arbitration Forum) (2001)
- Certificate Construction Management (The SA Construction Management Programme) (2001)
- Commenced a Ph.D in Design and Construction Disruption and Delay Claims
Experience
- Lecturing at Stellenbosch University - Engineering Management and Construction and Engineering Law. (also Cape Technikon and Peninsula Technikon)
- Project Management of multi-disciplinary projects.
- Advice and Acts for a wide range of Clients including owners, developers, lawyers, consortia, joint ventures, government departments, contractors, consultants, subcontractors, suppliers, financiers and insurers on a wide range of Engineering and Building Construction Projects including residential, commercial, retail, industrial and infrastructure Front-end: – By using legal risk management instruments, ensuring that risk be allocated to party best able to control it. Risk clearly defined to minimize disputes and enhance pro-active risk management. Prepare, draft, negotiate and review Documents or Agreements on behalf of clients and; Back-end: – By participating in Claims and Disputes on behalf of or representing an Affected Party or act as Mediator or Adjudicator.
CPD Points
Persons registered with ECSA shall receive 2 CPD points uponcompletion of the course.
Rudolf van Graan | Instrument Construction Law Consultants |
