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A Practitioner’s Guide to Procuring the Right Contract

Commercial & Contract Law

Courses Overview:

The plethora of construction contracts and associated procurement strategies now available makes it difficult for clients to identify which alternative best fits their needs. For example, client’s advisors are caught up in decisions on how to transfer risk, how to tie in specialists or whether a partnering option might be preferable.

This 1 day course will demystify the choice, and supplies a straightforward process and checklist for occasional and regular clients and their advisors, to identify their procurement needs and select a contract that best fits their requirements.

Benefits of this course:

  • Understand the decisions your client needs to make
  • Recognise responsibilities
  • Get to grips with the right contract for procurement
  • Gain knowledge of the financial factors affecting procuring the right contract
  • Benefit from a post seminar helpline

Client Decisions
• Differences in public and private sector client requirements
• Information clients must consider in adopting a procurement route and contract option
• When clients need to decide on the procurement route
• When clients need to decide on the contract options
• Balancing price and risk

Allocation of Responsibilities
• Risk
• Cost
• Programme
• Quality
• Materials

Financial Aspects
• Liquidated and ascertained damages
• Retentions
• Remedies for non-performance

Overview of Procurement Options
• Cost, risk and value based procurement strategies including their respective benefits and pitfalls
• Lowest price, Best value and Most Economically Advantageous Tenders (MEAT)
• Single and Two Stage Tenders
• Guaranteed / Agreed Maximum Price or Target Price
• Contractor designed options

Innovative procurement and contract solutions including:
• Early contractor selection on quality only (non-price) criteria
• Project and strategic planning

Contract Suitability
Simple matrix for assessing the suitability of standard contract forms including:
• JCT family of contracts
• GC Works
• NEC3 and options
• PPC2000
• TPC2005

Making the Right Decision
• Standard processes and matrices for selecting the appropriate procurement strategy and contract

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