Trett Consulting uses the wealth of its experience to assist clients in addressing their training needs, covering commercial, contractual, planning, programming and dispute resolution issues. Andrew Brown outlines the variety of courses presented recently by our company.
BEING over 26 years old, there is a wealth of experience within our company to assist in the resolution of disputes in the construction and engineering industries as well as to provide front-end advice on projects. Our members of staff are also well-equipped in delivering bespoke training courses covering the full range of issues relevant to construction and engineering professionals.
Over the years we have provided clients with bespoke courses covering commercial awareness for construction professionals, specific forms of contract, together with more specialist subjects such as delay and disruption (including the SCL protocol), adjudication, alternative dispute resolution, planning and delay analysis, claims avoidance and record keeping, project management and risk analysis. This is by no means an exhaustive list and we discuss clients’ specific requirements in terms of content, duration and number of participants.
The purpose of this article is to provide an overview of some of the more recent training courses presented by Trett Consulting and a selection of the members of staff who carry them out.
Extensions of Time
Tony Farrow (Netherlands office), has presented his ‘Methodology and Mythology’ seminar to a number of companies and organisations worldwide. A summary of this seminar covering extensions of time has been included in past issues of this Digest. It has also been published by the Society of Construction Law in the UK and in the Australian Construction Law bulletin.
The methodology relates to an examination of the various approaches for assessing a claim for extension of time, while the mythology refers to the unreliable results when certain methods or approaches are adopted. Delegates at these seminars participate in hands-on workshops, arguing the cases for delay, recovery plans, commercial terms and discussing the challenging issues of float, concurrency and
entitlement.
In the past year, Tony has taken his seminar to the International Cost Engineering Council conference in South Africa, to Malaysia and Singapore in conjunction with our Asian Director Jon Prudhoe, to Rotterdam and to the New South Wales Bar Association in Sydney. In some cases the popularity of the topic meant that over 100 delegates were in attendance.
Forms of Contract
We also provide training on the standard forms of contract as well as bespoke contracts. Recently, the popularity of training in the NEC (ECC) has meant that Paul Blackburn, head of our Leeds office, is being asked to provide both a general awareness course on the NEC and to address specific areas of need, particularly for civil engineering contractors and also for other contractors and local authorities.
The courses are generally of one day duration and cater for between 16-24 delegates. The emphasis of these courses is on creating the challenges that the delegates will have to deal with in their day-to-day working lives and how to use the NEC in these situations. Thus, the delegates are grouped together in ‘Project Teams’ to fully replicate the challenges faced on site and the role each of them fulfils. The courses range from an introductory course to the more bespoke courses dealing with specific topics depending on the individual client’s needs.
We also run bespoke courses on contract forms which address the specific needs of the organisation in question. For example, Simon Olimi Kabuzi and Richard Swan (London) have provided one and two day courses covering specific options of the NEC. The delegates comprised a selection of quantity surveyors, engineers, planners and project managers, with varying experience of contracts.
In addition to the NEC, we have also been providing a range of clients with specific training on FIDIC forms. Most recently Mark Castell (Netherlands) has been providing major dredging companies with a series of courses on the FIDIC ‘blue book’. Firstly he reviews this new form of contract, discussing the parties’ responsibilities throughout the project. Secondly he provides a more detailed look at the management of a contract under the blue book.
The SCL Protocol
The Society of Construction Law’s Delay & Disruption Protocol has provided much recent interest. Chris Foan (Manchester) has presented seminars for local authorities and contractors, while Brian Eagles (Manchester) has run seminars for a cross-section of attendees from the construction and engineering industries. The content of the course covers the range of issues raised since the Protocol’s publication in October 2002. These include discussions over the scenario where the Protocol conflicts with case law or common practice, whether the Protocol should be used as a guide or incorporated into the Contract, the issues of float & concurrency and how they are covered by the Protocol, and whether it will become a Contractor’s charter or an Employer’s charter. In covering the key legal & practical issues, the seminar suggests ways in which both Employers and Contractors can benefit from its adoption.
Adjudication
Since the introduction in the UK of the Housing Grants Construction & Regeneration Act 1996, we have been instrumental in providing courses on adjudication to companies working in the construction and engineering industries. These courses operate in conjunction with our adjudication support services, and provide clients with a better understanding of the practical aspects of referring or responding in adjudication.
Typically, these courses will cover an overview of the Act and the process of adjudication, the risks involved, dealing with the timescales, the role of the adjudicator, how to prepare a referral, how to defend in adjudication, how to convince the adjudicator and a review of recent cases, as well as any issues specifically relevant to the client’s organisation.
Commercial Awareness
A popular topic for many of our clients over the years has been general commercial awareness for construction professionals. In such seminars, our expertise in resolving disputes is utilised in providing training with a focus on avoiding claims. An example of such a package is the recent series of seminars carried out by David Palentine (Manchester) for a building services company. For a wide range of staff including the managing director, quantity surveyors, contracts managers, site & accounts staff, David delivered three half-day courses, all of which were designed to encourage the maximum amount of participation from attendees.
The first of these courses provided an introduction to contracts, contract law and contract award procedures. This covered basic contract law, methods of procurement as well as the client’s domestic and maintenance sub-contract orders. In the second course, David moved on to discuss contract administration and vetting tenders in relation to the client’s contracts with Employers and Main Contractors. The third course focussed on the commercial management of the contract, early warning systems, record keeping and the preparation and negotiation of final accounts. These courses place strong emphasis on sharing experiences and learning from one another.
In Asia, Peter Phillips (Japan) has delivered bespoke commercial awareness courses to large engineering firms. These generally cover types of contracts, the role of the contract, specification document and bills of quantity in project management, the importance of notices and ways of adjusting the contract price.
Managing Contracts
As I mentioned at the beginning of this article, we have the ability to provide bespoke training courses on issues pertinent to construction and engineering professionals. In addition to the courses I have highlighted above, my colleagues have delivered further courses including topics such as the pitfalls of contracting - where problems begin and how we can solve them, partnering workshops and insolvency, focusing on legal and commercial aspects.
In conclusion, Trett Consulting has the expertise and ability to provide clients in the construction and engineering industries with the correct package of training for their needs, whether that be general or detailed. We are always happy to discuss your requirements.