PROGRAMME

Disputes Avoidance: Drafting and Managing Contracts to Avoid Disputes, Even in Uncertain Times

Part 1 (9.30 am – 10.15 am) – Tender stage and contracting
Evaluating your counterparty:
If you are Employer evaluating potential Contractor: creditworthiness; performance on past projects; proposed project management team; proposed subcontractor and supplier chainIf you are Contractor evaluating potential project: Employer’s conduct on past projects; Employer’s proposed project management team; how will Employer manage end-user involvement

Preferred contracting model:
If you are Employer, what is most important (price certainty, programme certainty, quality, etc.)?
If you are Contractor, what level of risk is acceptable / how can risk be priced into contract?

Contract drafting:
Importance of certainty and consistency – across the contract (including technical schedules)
Reporting and audit rights
Force majeure and unexpected events
Change in law
Dispute resolution clauses

Part 2 (10.15 am – 11.00 am) – Contract execution
Importance of early notification of changes, risks, etc.
Importance of prompt evaluation of claims

If you are Employer:
What should you be monitoring?
What should you do if Contractor is falling behind schedule?

If you are Contractor:
What should you be monitoring?
What should you do if Employer is slow to pay and/or slow to recognise claims?

Part 3 (11.00 am – 11.15 am) – Disputes
Signs a dispute is brewing
Documents and witnesses (both before and after disputes crystallise)
Settlement negotiations
What if it doesn’t settle?

Part 4 (11.15 am – 11.30 am) – Questions
Note: Further details on case study(ies) to be provided in due course.