Contract Law and Commercial Training

Overview

CAB are pleased to offer Contract Law and Commercial Training courses. CAB have partnered with the Confederation of Construction Specialists, a fellow peer to peer Trade Association to provide the following specialist courses:

  • Introduction to Contracts
  • Contractual Awareness for Salespeople
  • JCT 2011 and the 2016 Changes
  • Getting Paid Workshop
  • Handling Claims and Disputes
  • Specialist Sub-Contract Management

Learning Aims

Sub-Contracting in the UK Construction market can be highly rewarding if the contract runs smoothly. However, sub-contracts that go awry are potentially fraught with risks, costs and penalties. 

These courses will give your business the opportunity to up-skill your staff to keep your business safer, with the new knowledge they’ll possess, protecting your business interests.

Course Delivery

Please Note: These courses are delivered online, full day courses will be provided over two sessions on separate dates, usually one week apart.

Course 5001: Introduction to Contracts

The course is designed to give a detailed grounding in the essential elements of contract law and procedures, with emphasis on the formation of contracts. The course covers practical aspects of how contracts are formed and how to understand the key provisions of the contract. Gives guidance on how to monitor the pre-contract ‘battle of forms’ and promotes a useful system for keeping track of the formation of contracts.

Who is it for: 

The course is designed specifically to provide a broad appeal, and is targeted at construction staff who work with contracts; which includes; Contracts Managers; Project Managers; Commercial Managers, Quantity Surveyors and Credit Controllers.

What will you learn?

  • English law
  • Contract law
  • How a contract is formed?
  • Offer
  • Acceptance
  • Consideration
  • Monitoring the formation of contracts
  • Analysing when a contract is formed
  • Analysing what a contract consists of
  • Implied terms
  • Exclusion clauses
  • Who is a contract between?
  • How can a contract be discharged?
  • Limitation periods and deeds
  • A typical contract checklist
  • Invalidity of contracts
  • Key subcontract provisions

Dates – 1st November & 8th November 2022.

The course is for 1 full day. However, as delivery is online, the course will be delivered over two half day sessions on separate days.

Price member rate £180.00 +VAT, course not offered to non-members

Delivery method: Live, interactive sessions delivered via online platform

Course 5002: Contractual Awareness for Salespeople

The course is designed to focus on key contractual and legal aspects of winning contracts and of running contracts and sub-contracts. The course identifies how to recognise and avoid contractual and financial risks and pitfalls, how to negotiate sound profitable contracts and gives a general understanding of the basis of construction contracts.

Who is it for: 

The course is designed specifically to provide a broad appeal, and is targeted at construction staff who are involved with tendering, winning orders, negotiating or managing contracts; which includes; Sales Managers; Contracts Managers; Commercial Managers.

What will you learn?

  • Credit checking
  • SPV’s
  • Tendering, enquiry and bidding
  • Formation of contracts
  • Qualifying offers
  • Orders, letters of intent and authority to proceed
  • Executing the contract
  • Contractual systems and arrangements
  • Subcontracting
  • Range of Standard Forms
  • Subcontract sum and price
  • Interim payments and credit exposure
  • Construction Act and planned amendments
  • Priced activity schedule
  • Valuation of variations
  • Retention
  • Discount
  • Interest on late payment
  • Protection – warranties, bonds and guarantees
  • Insurance requirements
  • Programme – pitfalls and priorities

Dates – 18th November & 25th November 2022.

The course is for 1 full day. However, as delivery is online, the course will be delivered over two half day sessions on separate days.

Price member rate £180.00 +VAT, course not offered to non-members

Delivery method: Live, interactive sessions delivered via online platform

Course 5003: JCT 2011 and the 2016 Changes

The course is designed to give a detailed guide to JCT 2011 and the changes that have occurred to the JCT 2016 contract suite.

The course gives candidates who are familiar with the old JCT forms a mechanism for converting, both in detailed negotiation and at policy level, to the realities of the new JCT suite of forms.

Who is it for: 

The course is designed specifically to provide a broad appeal, and is targeted at construction staff who work with JCT contracts; which includes; Contracts Managers; Project Managers; Commercial Managers, Quantity Surveyors and Credit Controllers.

What will you learn?

  • What type of Contract?
  • Which Form of Contract?
  • Explanation of how the new forms fit together and how they replace (or otherwise!) the old suite and detailed clause by clause comments on those anticipated to be the most important – Standard Building Subcontract; with and without design
  • Overview of Clauses
  • Payment and third-party rights generally
  • Adjustment of Period for Completion
  • Retention
  • Loss and Expense
  • Variations
  • Daywork
  • Loss & Expense
  • Changes in design
  • Intermediate Building Contract Subcontract, domestic and named
  • Design and Build Subcontract and Major Project Subcontract

Dates – 7th September 2022.

The course is half a day, delivery is online for one session.

Price member rate £90.00 +VAT, course not offered to non-members

Delivery method: Live, interactive sessions delivered via online platform

Course 5004: Getting Paid Workshop

The course is intensive and interactive and focuses on the aspects of getting paid by using contracts as agreed in contractual arrangements.

As with other surveys, the ‘State of the Construction Industry’ survey also concluded that 25% of payments are not made on time with 40% of respondents stating that their payment terms exceeded 40 days and that only 45% of tier one contractors pay in accordance with their contractual terms. Therefore, it is vital to understand how to protect your business by getting paid on time by using contracts as agreed in contractual arrangements.

Learning how to administer and manage the contractual process correctly will help with potentially reducing payment delays.

Who is it for: 

The course is designed specifically to provide a broad appeal, and is targeted at construction staff who work with contracts; which includes, Accountants, Credit Control & Financial staff, Administrators and Contracts Managers.

What will you learn?

  • Subcontract price
  • Interim payments (30-day payment)
  • Periods of time
  • Valuations
  • Applications for payment
  • Priced activity schedule
  • Advanced payment
  • Variations
  • Valuation of variations & submitting quotations for variations
  • Retention
  • Discount
  • Interest on late payment
  • Final account, retentions & contractual obligations
  • Fluctuations
  • Value Added Tax
  • HMRC Construction Industry Scheme
  • Remedies

Dates – 8th September & 15th September 2022.

The course is for 1 full day. However, as delivery is online, the course will be delivered over two half day sessions on separate days.

Price member rate £180.00 +VAT, course not offered to non-members

Delivery method: Live, interactive sessions delivered via online platform

Course 5005: Handling Claims and Disputes

The course is intensive and interactive and focuses on the effective handling of claims and disputes (incoming and outgoing; real and spurious).

It is vital to understand how to protect your business by knowing how to minimise claims, deal with disputes and prepare valid claims. Knowing and understanding the legal background to claims and disputes will optimise your businesses chance of obtaining a successful outcome.

Who is it for: 

The course is designed specifically to provide a broad appeal and is targeted at any construction staff who work with contractual or payment aspects of construction projects. This includes; Accountants, Credit Control & Financial staff, Administrators and Contracts Managers.

What will you learn?

  • Claims
  • Breach of contract
  • Scope of damages
  • Mitigation of loss
  • Quantification of damages for breach of contract
  • Actual loss vs. liquidated damages
  • Delay, disruption and acceleration claims
  • Direct loss and/or expense
  • Money claims/Extension of time claims
  • Set-off
  • Resisting spurious claims
  • Presenting valid claims
  • Specific or global claims
  • Contractual remedies
  • Adjudication
  • Legal remedies
  • Resolving disputes
  • Methods of resolving disputes

Dates – 13th September & 20th September 2022.

The course is for 1 full day. However, as delivery is online, the course will be delivered over two half day sessions on separate days.

Price member rate £180.00 +VAT, course not offered to non-members

Delivery method: Live, interactive sessions delivered via online platform

Course 5006: Specialist Sub-Contract Management

The course is intensive and interactive and focuses on a comprehensive review of Sub-contract provision. The course explores documentation and procedures and related legal and contractual aspects that are relevant to specialist construction companies to enable them to meet contractual obligations.

Who is it for: 

The course is designed specifically to provide a broad appeal and is targeted at construction staff with responsibility for ensuring contractual obligations are met. Including; Project Managers; Contract Managers; Site Supervisors, Sales Engineers and Administrators.

What will you learn?

  • Type of contract – Lump Sum/Re-measurement/Prime Cost/Guaranteed Maximum Price
  • Range of current Form of JCT Subcontracts
  • Range of current NEC Forms of subcontract
  • Popular amendments to Standard Forms
  • Bespoke subcontracts
  • Old standard subcontract Forms still being used
  • Design obligations and responsibilities
  • Nomination and naming
  • Precedents of documents, ambiguities and contradictions
  • Negotiation tactics
  • Bonds, warranties and guarantees, contractual and statutory limitation procedures
  • Ownership of goods and retention of title
  • Negligence, nuisance and other torts
  • Cash flow management and insolvency

Dates – 5th & 6th October 2022.

This course is 2 days, the course will be delivered over 2 whole days (not part-days).

Price member rate £360.00 +VAT, course not offered to non-members

Delivery method: Live, interactive sessions delivered via online platform

Certification

Upon completion of the course the delegate will be issued a certificate of completion, to use as evidence towards their continued professional development portfolio.

Further Information

Please be advised these courses require a minimum of 10 delegates. Should we receive fewer bookings, we reserve the right to amend your booking to the next available date.

Applications to attend the course will be managed by CAB and candidates can apply by completing the enrolment form which can be found below.

Prices including VAT are:

  • Course 5001: Introduction to Contracts
    • Price member rate £216.00 incl. VAT
  • Course 5002: Contractual Awareness for Salespeople
    • Price member rate £216.00 incl. VAT
  • Course 5003: JCT 2011 and the 2016 Changes
    • Price member rate £216.00 incl. VAT
  • Course 5004: Getting Paid Workshop
    • Price member rate £108.00 incl. VAT
  • Course 5005: Handling Claims and Disputes
    • Price member rate £216.00 incl. VAT
  • Course 5006: Specialist Sub-Contract Management
    • Price member rate £432.00 incl. VAT

Please Note: The above pricing structure is based upon an online delivery method. If a member company would like one of these courses delivered at their premises, or at an in person location elsewhere, please contact CAB Training Academy for further information and pricing, please note in person training carries a different pricing structure.

Click here for Course Enrolment Form

Completed application forms should be sent to enquiries@c-a-b.org.uk