Overview

In today’s competitive and complex construction environment, engineering services consultants face increasing legal liabilities arising from their roles in design, procurement, and project management. This two-day course provides a comprehensive overview of the legal liabilities faced by consultants under contract and delict (tort) law, with a focus on practical issues encountered throughout the lifecycle of engineering projects. Participants will gain a deep understanding of their legal obligations, risk management strategies, and best practices for mitigating liability.
Through expert-led sessions, case studies, and interactive discussions, attendees will learn how to navigate the legal complexities of consulting contracts, protect themselves from liability, and ensure compliance with industry standards. Whether you are a consultant, project manager, or construction professional, this course will equip you with the tools to safeguard your reputation and financial stability while delivering high-quality services to clients.

Why Should an Individual Attend?

• Understand Legal Liabilities: Gain a clear understanding of your liabilities under contract and delict law.
• Mitigate Risks: Learn practical strategies to avoid or mitigate legal liabilities in consulting roles.
• Enhance Contract Management Skills: Improve your ability to draft, interpret, and manage consulting and construction contracts.
• Protect Your Reputation and Finances: Safeguard yourself from costly disputes and claims.
• Stay Compliant: Ensure compliance with legal and industry standards.
• Boost Career Advancement: Position yourself as a knowledgeable and reliable consultant, opening doors to new opportunities.

Outcomes

• By the end of this course, participants will be able to:
• Understand the legal framework governing professional liability in engineering services.
• Identify and mitigate risks associated with consulting contracts.
• Navigate the complexities of mandate, agency, and construction contracts.
• Apply best practices for documenting and managing contracts.
• Handle disputes and claims effectively, minimizing liability exposure.
• Protect themselves from poor client documentation and contractual pitfalls.

Program Outline

Day 1:
SESSION 1: Liabilities Under the Legal Framework

• Overview of legal systems and sources of law.
• Branches of law and liabilities under them.

SESSION 2: Liabilities Under the Law of Contract

• Elements of a contract: Offer, acceptance, and consideration.
• Project-based and term-based framework contracts.
• Case study: Confusion between service contracts and framework contracts.
• Contractual damages and remedies.

SESSION 3: Liabilities Under the Law of Delict (Tort)

• Elements of a delict: Intentional and negligent harm.
• Duty of care and risk management principles.
• Vicarious liability and the measure of damages.
• Case study: Liability in delict vs. contract.

SESSION 4: The Consultant’s Contract

• Who is a professional service consultant?
• Liabilities under mandate contracts:
• Duty to carry out the mandate.
• Duty to act with care, skill, and good faith.
• Duty to account.
• Entitlements of the mandatary/consultant:
• Compensation for expenses.
• Agreed remuneration.

Day 2:

• SESSION 5: Consultants’ Liabilities Under Standard Contract Templates
• CIDB Professional Services Contract (July 2009).
• NEC4 Professional Service Contract (PSC4).
• FIDIC White Book.
• Case study: Liabilities resulting from client amendments to standard forms.

SESSION 6: Consultants’ Liability Under Agency Contracts

• Duties of the agent/consultant:
• To follow instructions.
• To exercise care and diligence.
• To act in good faith.
• To account properly.
• Entitlements of the agent/consultant:
• Reimbursement and indemnity for costs.

SESSION 7: Consultants’ Liabilities Under Construction Contracts

• FIDIC, NEC, JBCC, and GCC contracts (latest editions).
• Common law duties of the parties.
• Liabilities as Engineer, Project Manager, or Agent:
• Design, variations, claims, and communication.
• Acting as certifier, adjudicator, mediator, or arbitrator.

SESSION 8: Best Practices in Documenting Contracts

• Consulting contracts: Project-based and term-based.
• Construction contracts: Project-based and term-based.
• Advising on procurement processes.
• Protecting yourself from poor client documentation.
• Dealing with “curveballs” and bad practices in client documentation.

Who Should Attend?

• Engineering Service Consultants providing design, procurement, and project management services.
• Built-Environment Professionals such as architects, quantity surveyors, and project managers.
• Mandataries, Agents, and Construction Management Teams overseeing projects.
• Legal Advisors and Contract Managers specializing in construction law.
• Contractors and Subcontractors working with consulting professionals.

• Wed 10 July 2024  08:30 to 16:30
  
• Fri 12 July 2024  08:30 to 16:30