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The Golden Rules of Correspondence, Notices and Forms

Commercial & Contract Law

Courses Overview:

Successful projects in construction are built on a foundation of efficient communication and process, which can have a significant impact on saving essential time and money.

This 1 day course, now covering the Commercial Awareness course provides delegates with the practical knowledge and understanding of issues relating to correspondence, common forms, certificates, privilege, letters of intent, notices negotiation and administration. Delegates will review the techniques, structure, content and purpose of correspondence, notices and forms.

Delegates will complete the course with a toolkit of skills to be applied in a range of construction projects; including a working knowledge of JCT, NEC, PPC 2000 and the New Construction Act, where relevant.

Benefits of this course:

  • Save time and money with a comprehensive grasp of issues relating to correspondence, forms and administration
  • Lead by highly qualified practitioners of the construction industry
  • Learn how to approach legal issues, such as Common Law
  • Focus on negotiation skills, to ensure prompt settlements
  • Gain an awareness contracts such as JCT and NEC
  • An advantageous review of the Local Democracy, Economic Development and Construction Act 2009, and its impact of payment and adjudication provisions
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Basic Law in Relation to Communications
• Contract and Common Law position
• In writing, email, PDF, faxes, verbal and post
• Service of documents
• Issued/received
• Telephone
• Without prejudice communications
• Certificates and the role of the certifier
• Confidential
• Privileged
• When not to communicate

Pre-contract Communications
• Form and content
• Offers and acceptances
• Letters of Intent
• Form of Tender
• Enquiry
• Estimates
• Negotiations
• Additional information
• Site and ground information
• Programmes
• Qualifications to bids

Post Contract – Record Keeping
• Note taking
• Purpose of record keeping
• Evidence
• Burden and standard of proof
• Forms of records
• Minutes of meetings
• Photographs, videos etc.
• Contemporaneous records
• Types of records
• Systems
• Archive

Contract Requirements
• Requirements of forms of contracts in use
• Time limits
• Conditions precedent
• Drawing and instructions
• Confirmation of instructions
• Programmes
• Contractor’s/Subcontractor’s reports
• Keeping/providing records
• Dayworks
• Certificates
• Notifying defects
• Administration forms – published by RIBA, RICS, ICE etc.

Correspondence and Letters
• Considering different situations
• Style and structure
• Detail
• Business-like exchanges
• Making your point
• Concluding an exchange
• Contract clauses
• Language and legal references
• Cause and effect

Negotiation
• Techniques
• Win/win solutions
• Utilising strengths in negotiation
• Objective and outcome
• Settling agreements

The New Construction Act
• Brief review of the Local Democracy, Economic Development and construction Act 2009 and its impact on payment and adjudication provisions

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