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Overview The course provides fundamentals of business contracts and changes that took place in business contracts. It will train you with the skills to avoid contract drawbacks and understand the documents, agreements or letters of intent and carefully review them before you enter into a contract. It will also train you with the skills required to secure clauses in the contracts to protect your business and to draft effective contracts or even to negotiate amendments with the ultimate aim of protecting your business.
Health and safety awareness training is mandatory for staff at all levels of an organisation. This is the ideal course to satisfy that requirement - a stimulating 'entry-level' programme explaining how health and safety should be managed in any working environment. The course outlines the basics of health and safety law and how organisations and individuals can become liable for health and safety offences. Roles and responsibilities for health and safety are discussed by reference to the key legislation and the expert trainer will explore with the delegates how these responsibilities are managed in practice in different types of organisation. The principles of risk assessment will be considered and their practical implementation discussed in relation to the management of the various hazards that are likely to be present in a typical workplace. This course will give staff: An understanding of health and safety law, liability and enforcement An explanation of the principles of health and safety management in the workplace and an understanding of who should be responsible for different aspects of health and safety A practical explanation of risk assessment and what constitutes a suitable and sufficient assessment A broad knowledge of the typical hazards in a workplace and how these should be managed 1 Overview of health and safety law Statute and civil law Liability and enforcement Statutory duties Contract law 2 Legislative framework The workplace - extent of responsibility / shared responsibility Relevant legislation 3 Management of Health and Safety Health and Safety at Work etc Act 1974 Management of Health and Safety at Work Regulations 1999 Workplace (Health, Safety and Welfare) Regulations 1992 Accident Reporting (RIDDOR) Consultation with Employees and Safety Committees 4 Risk management within your organisation Business risk management Health and safety risk management The principles of risk assessment Transferring the risk to contractors and third parties 5 Risk assessment exercise - 'Challenge Anneka' 6 Managing the hazards in the workplace Work equipment Lifting equipment Display screens Manual handling Fire Chemicals (COSHH) Personal protective equipment (PPE) 7 Practical exercise - Workplace inspection 8 Questions, discussion and review
The learning objectives that we believe you require to be covered within the training include: A detailed understanding of the CDM 2015 Regulations and how they should work in practice An understanding of the key roles (Designer, Principal designer, contractor, principal contractor and client) under CDM 2015 What constitutes design and when you may be acting as a designer The requirements for notification Pre construction information, the construction phase plan and the H&S file An opportunity for delegates to ask questions and gain clarification on specific project requirements 1 Introduction Why manage health and safety? The costs of accidents Construction industry statistics Why CDM 2015? 2 Overview of health and safety law and liabilities Criminal and civil law Liability Enforcement and prosecution Compliance - how far do we go? Statutory duties 3 Health and safety law in construction - the current framework Framework of relevant legislationHealth and Safety at Work etc Act 1974Management of Health and Safety at Work Regulations 1999Construction (Design and Management) Regulations 2015Work at Height Regulations 2005 Who is responsible for the risks created by construction work? Shared workplaces/shared responsibilities Control of contractors - importance of contract law 4 CDM 2015 - the principles and current best practice Scope - what is construction? Application - when do the Regulations apply? The CDM management systemDutyholders (client, designer, principal designer, principal contractor, contractor)Documents (pre construction information, Notification, construction phase Plan, H&S File)Management process The 2015 HSE guidance / industry best practice Clarification of roles and responsibilities 5 Competence under CDM 2015 What is 'Competence'? The criteria to be used in construction Achieving continuous improvement 6 Part 4 Construction Health Safety and Welfare Overview of Part 4 Responsibilities Welfare arrangements 7 Risk assessment and the role of the designer Principles of risk assessment Loss prevention / hazard management What is a suitable risk assessment?Design v construction risk assessmentThe client is a designer?Whose risk is it? 8 Risk assessment exercise Understanding the principles of design risk assessment Identifying hazards under the control of clients and designers Quantifying the risk 9 Questions, discussion and review
If your organisation manages contractors then your staff need to understand the health and safety issues. This course is the answer. The expert trainer will set out clearly the legal responsibilities of all relevant parties and explore the practical application of these responsibilities with the course participants. The course will then examine the issues associated with the planning of work to be contracted out and the evaluation, selection, control and monitoring of contractors engaged to undertake the work. Although the main focus is on health and safety, the course will also explain how health and safety issues need to be integrated into your organisation's functional management processes to ensure effective control of contractors. The course will consider all types of contracted activities, including construction and maintenance, cleaning, security, plant installation, etc. This programme will give participants: A clear understanding of the organisation's legal responsibilities for managing contractors The information they need to assess the competence of contractors A practical understanding of risk assessment principles and the transfer of risk to contractors A step-by-step guide to the key aspects of managing contractors in practice, covering:Planning of the workSelecting contractorsHandover prior to work commencementDuring the workReviewing the work on completion Practical guidance on the integration of health and safety controls into organisational procedures for contractor management 1 Introduction Who are contractors? Why manage contractors? Different types of contractors Costs of poor contractor performance 2 Overview of health and safety law and liability Health and safety law and statutory duties Relevance of civil and criminal law Enforcement and prosecution 3 Relevant legislation for controlling contractors Health and Safety at Work Act 1974 Management of Health and Safety at Work Regulations 1999 Construction (Design and Management) Regulations 1994 (as amended, 2007) Other relevant legislation Contract law 4 Managing contractors in practice Exercise - how well is it happening? The objectives Five step approachPlanning of the workSelecting contractorsHandover prior to work commencementDuring the workReviewing the work on completion 5 Planning the work Scope and extent Risk assessment Interface and other activities Who controls what? Contract arrangements 6 Selecting the right contractor(s) Locating contractor organisations Selection the right contractors Assessing contractor competence Approved lists/frameworks Tender process 7 Pre-work commencement Co-ordination and co-operation Exchange of information Contractor risk assessments and method statements Permits to work Case study exercise 8 During contract work Communication and liaison Supervision and inspection of the work Inspection and reporting procedures Security issues Facilities and access 9 Reviewing work on completion Why, what and how? Achieving continuous improvement in contractor performance 10 Questions, discussion and review
This course provides participants with a comprehensive understanding of the requirements of the CDM Regulations 2015 and how these should be implemented in practice. The Regulations are put in context with other key health and safety legislation. The programme sets out clearly the roles and responsibilities of the principal duty holders and explores with the participants how these roles may vary on different types of project and procurement routes. The programme examines the content and appropriate level of information that should be included in the Pre-Construction Information and the Construction Phase Plan. The trainer will discuss best practice in implementing CDM through the new 2015 Regulations and Guidance. This course is essential for anyone who is involved in the procurement, planning, design or implementation of construction work. The course will provide you with: An overview of construction health and safety law, liability and enforcement A detailed understanding of the 2015 CDM Regulations and the part they play with other key legislation An explanation of the roles and responsibilities of all duty holders and the requirements for the CDM documentation Clear advice on current best practice for complying with the principles of the CDM Regulations and the changes introduced by the 2015 Regulations An understanding of how risk assessment should be applied practically throughout the design and how this responsibility is then transferred to contractors 1 Introduction Why manage health and safety? The costs of accidents Construction industry statistics Why CDM? Health and safety culture in the construction industry 2 Overview of health and safety law and liabilities Criminal and civil law Liability Enforcement and prosecution Compliance - how far do we go? Statutory duties 3 Health and safety law in construction Framework of relevant legislation Health and Safety at Work etc Act 1974 Management of Health and Safety at Work Regulations 1999 Construction (Design and Management) Regulations 2015 Who is responsible for the risks created by construction work? Shared workplaces/shared responsibilities Control of contractors - importance of contract law 4 Construction (Design and Management) Regulations 2015 Scope - What is construction? Application - When do they apply? The CDM Management System Duty holders (Client, Domestic Client, Designer, Principal Designer, Principal Contractor, Contractor) Documents (HSE Notification, Pre-Construction Information, Construction Phase Health & Safety Plan, H&S File) Management process The 2015 Guidance 5 Best practice - key issues in the CDM process The client and client management arrangements Competence and resource under CDM 2015 The role of the Principal Designer in practice Design risk assessment and the role of the Designer The CDM Documents (PCI, PCI Pack, Plan and File) Construction health, safety and welfare Making CDM work in practice 6 Questions, discussion and review
This course provides participants with a comprehensive understanding of the requirements of the CDM Regulations 2015 and how these should be implemented in practice. The Regulations are put in context with other key health and safety legislation. The programme sets out clearly the roles and responsibilities of the principal duty holders and explores with the participants how these roles may vary on different types of project and procurement routes. The programme examines the content and appropriate level of information that should be included in the Pre-Construction Information and the Construction Phase Plan. The trainer will discuss best practice in implementing CDM through the new 2015 Regulations and Guidance. This course is essential for anyone who is involved in the procurement, planning, design or implementation of construction work. The course will provide you with: An overview of construction health and safety law, liability and enforcement A detailed understanding of the 2015 CDM Regulations and the part they play with other key legislation An explanation of the roles and responsibilities of all duty holders and the requirements for the CDM documentation Clear advice on current best practice for complying with the principles of the CDM Regulations and the changes introduced by the 2015 Regulations An understanding of how risk assessment should be applied practically throughout the design and how this responsibility is then transferred to contractors 1 Introduction Why manage health and safety? The costs of accidents Construction industry statistics Why CDM? Health and safety culture in the construction industry 2 Overview of health and safety law and liabilities Criminal and civil law Liability Enforcement and prosecution Compliance - how far do we go? Statutory duties 3 Health and safety law in construction Framework of relevant legislation Health and Safety at Work etc Act 1974 Management of Health and Safety at Work Regulations 1999 Construction (Design and Management) Regulations 2015 Who is responsible for the risks created by construction work? Shared workplaces/shared responsibilities Control of contractors - importance of contract law 4 Construction (Design and Management) Regulations 2015 Scope - What is construction? Application - When do they apply? The CDM Management System Duty holders (Client, Domestic Client, Designer, Principal Designer, Principal Contractor, Contractor) Documents (HSE Notification, Pre-Construction Information, Construction Phase Health & Safety Plan, H&S File) Management process The 2015 Guidance 5 Best practice - key issues in the CDM process The client and client management arrangements Competence and resource under CDM 2015 The role of the Principal Designer in practice Design risk assessment and the role of the Designer The CDM Documents (PCI, PCI Pack, Plan and File) Construction health, safety and welfare Making CDM work in practice 6 Questions, discussion and review
Nowadays not only do we rely on our commercial and sales staff to hit that bottom line but we expect our engineers and project teams to play their part too - not only through their engineering and management skills but by behaving in a commercially minded way in their dealings with their counterparts in customer or supplier organisations. This means understanding, amongst other things, the issues surrounding the commencement of work ahead of contract, having a clear contract baseline, recognising the broader implications of contract change, the need for timeliness and the consequences of failing to meet the contracted timetable. This practical one-day programme has been designed specifically to give engineers, project staff and others just that understanding. The course is designed principally to provide engineers and project staff with an appreciation of contractual obligations, liabilities, rights and remedies so that they understand the implications of their actions. It is also suitable for business development staff who are negotiating contracts on behalf of the business. The main focus of the day is on creating an awareness of when a situation may have commercial implications that would harm an organisation's business interests if not recognised and handled appropriately and how taking a positive but more commercial approach to those situations can lead to a more positive outcome for the business. As well as providing an understanding of the commercial imperatives the day also focuses on specific areas affecting engineers and project staff, such as the recognition and management of change, the risks when working outside the contract and managing delays in contracts. The course identifies the different remedies that may apply according to the reasons for the delay and provides some thoughts on pushing back should such situations arise. On completion of this programme the participants will: appreciate the need for contractual controls and will have a better understanding of their relevance and how they can be applied, particularly the issues of starting work ahead of contract, implementing changes and inadvertently creating a binding contract by their behaviour; have gained an understanding of the terminology and procedural issues pertaining to contracting within a programme; and be more commercially aware and better equipped for their roles. 1 Basic contract law - bidding and contract formation Purpose of a contract Contract formation - the key elements required to create a legally binding agreement Completeness and enforceability Express and implied terms Conditions v warranties The use of, and issues arising from, standard forms of sale and purchase Use of 'subject to contract' Letters of intent Authority to commit 2 Change management Recognising changes to a contracted requirement Pricing change Implementation and management of change 3 Key contracting terms and conditions By the end of this module participants will be able to identify the key principles associated with: Pricing Getting paid and retaining payment Cashflow Delivery and acceptance Programme delaysExamining some reasons for non-performance...Customer failureContractor's failureNo fault delays ... and the consequences of non-performance: Damages claimsLiquidated damagesForce majeureContinued performance Waiver clauses and recent case law Use of best/reasonable endeavours Contract termination 4 Warranties, indemnities and liability Express and implied warranties Limiting liability 5 Protection of information Forms of intellectual property Background/foreground intellectual property Marking intellectual property Intellectual property rights Copyright Software Confidentiality agreements Internet
About this Training Course In turbulent times for the entire Energy Sector, Oil & Gas E & P segments are coming under tremendous pressure to reinvigorate. Oil Majors like Shell Plc are no longer termed as Oil & Gas Company but also branded as SHELL Energy, with technology at its forefront. The Risks, Scope and Context of Engineering, Procurement, Construction, Installation and Commissioning (EPCIC) Projects is evolving rapidly. Thus, the success of a project is dependent on the practical 'know how' in scoping, contract drafting, negotiation and execution competencies. Understanding the essential ingredients of contracts and mastering the international contracting principles will equip the participants to identify vague and ambiguous clauses, avoid dangerous and often hidden terms, and better understand the controlling position in a project. In this 3 full-day course, the participants will find out how to negotiate legacy contracts where parties are not allowed to edit any clauses during the bidding process. The participants will learn from the Case Law Reports and analysis to take home lessons learned from bitter experiences of their peers in the industry. It is designed to help those who need a solution to manage current contractual issues or those who execute contracts regularly and want to be more proficient in managing their contracts and projects, with changing contexts. The course is developed with the underlying objectives for the participants to: Enhance their current knowledge of the legal principles governing international Contracts from formation, execution to breaches, redresses and dispute resolution either as a party or as a consortium member or as a coverture. Manage Consortium and Joint Venture Partners inter-relationship and contractual responsibilities. Identify dangerous exposures due to joint and severally liable requirements of consortium-based contracts. Effectively Manage Risks of Projects, with Enforceable Contract Documents, by learning the purpose and potential benefits of maintaining evidence in compliance to the contract clauses. Learn the Contract Enforcement Nuggets of Owners and the Variation Claims Strategies of the Contractors. Allocation of contract management related roles / assignments and WBS within consortium partners for effective project management and profitable results. Use of Contract Terms & Conditions for enhancing project performance, monitoring, reporting, and achieving timely completion, thereby avoiding delays and disputes. This course can also be offered through Virtual Instructor Led Training (VILT) format. Training Objectives Upon completion of the course, the participants will have learnt: Project management strictly in accordance with the contract and the corporate strategies. How to ensure that Variations Order claims are appropriately managed in turnkey and lump-sum contracts. Manage contemporary challenges and market factors with direct or indirect impact on the contracts. Managing all members of the Supply Chain from vendors to logistics services providers. Cost Engineering and Performance Management. How to manage Consortium Partners, Contractors, and Owner's representatives. When and how to obtain / grant extension of time (EOT) and costs. Ability to identify rights and obligations of each party to a contract instead of making subjective decisions. Ability to be firm in negotiations without violating terms of the agreements. Ability to spot different legal systems, contract laws and arbitration rules. Ability to negotiate and avoidance of disputes and resolution in amicable manner, in accordance with the provisions of the contract. Competency in developing and maintaining documentary evidence and traceability for all works executed during the project. Target Audience This course is specially curated for professionals from International Oil & Gas Industries including Offshore & Marine Sectors. They include the heads of strategic business units, contracts managers, project directors, project managers, general managers, corporate legal counsels, procurements and supply chain managers, lawyers and legal professionals engaged in the EPCIC Segments of the Oil & Gas Industry. Course Level Intermediate Trainer Principal Management Consultant Chartered Valuer and Appraiser (CVA) FACICA | FAMTAC | FAIADR | M.S.I.D | Member, AIEN LL.M. (IP Law), M. Sc. (Maritime Studies), M. Tech (Knowledge Engineering), MBA, First Class CoC (MCA, UK), B. E. (Elect) Your expert course leader, during the last 47 year period, has worked and consulted in the industry verticals encompassing: Technology, Oil & Gas Exploration & Production, Petrochemical Process Plants and Power Plant Construction Projects, Logistics & Warehousing, Marine, Offshore, Oil & Gas Pipelines, Infrastructure Development Projects (Ports, Offshore Supply Bases, Oil & Gas Terminals and Airports etc), EPCIC Contracts, and Shipyards, in South East Asia, Africa, Middle East, Americas and Europe. He serves as the Principal Management Consultant with a management consultancy in Hong Kong and Singapore, specialising in the fields of corporate management consultancy, international contracts reviews and alternative dispute resolutions services. He undertakes special assignments for conducting audits and valuation of intangible properties involving proprietary processes for licensed production, and licensing of intellectual property rights (IP Rights) in patents, trademarks, and industrial designs. He is frequently engaged for assignments like due diligence, acquisitions, mergers, resolving various operational issues, technology transfer and agency services contracts reviews, cost controls, and enhancement of Supply Chain Management. He has been conferred the credentials of Chartered Valuer & Appraiser (CVA) by SAC and IVAS, in accordance with the international valuation standards setting body IVSC. His consulting experience includes Charterparty Management, Business Process Re-engineering, Diversifications, Corporate Development, Marketing, Complex Project Management, Feasibility Studies, Dispute Resolutions and Market Research. He has successfully assisted Marine and offshore E & P clients in managing contractual disputes arising from various international contracts for upgrading & conversion projects. He continues to be actively engaged in claims reviews, mediation, arbitration, litigation, and expert witness related assignments, arising from international contracts and Charterparty Agreements. He graduated with a Bachelor's degree in Electrical Engineering, MBA in General Management, Master of Technology in Knowledge Engineering, Master of Science in Maritime Studies, and LL.M. (IP Law). He also holds professional qualifications in Business Valuations and Appraisers for CVA, arbitration, law, and marine engineering, including the Chief Engineer's First-Class Certificate of Competency (MCA, UK). He is further qualified and accredited as Certified International Arbitrator, Chartered Arbitrator, Sports arbitrator under CAS Rules, WIPO Neutral, Australian Communications and Media Authority (ACMA) Bargaining Code Arbitrator, Accredited Adjudicator and Accredited Mediator (Malaysia). He is admitted to the international panels of arbitrators and neutrals with WIPO, Geneva; ACICA, AMTAC and ACMA, Australia; BVIAC (British Virgin Islands); JIAC (Jamaica); HKIAC Hong Kong; AIAC, Malaysia; AIADR, Malaysia; KCAB, Seoul, South Korea; ICA, Delhi, India; ICC (Singapore); SISV, Singapore; SCMA, Singapore; SCCA, Saudi Arabia; VIAC Vienna, Austria; Thailand Arbitration Centre (THAC), and Mediator with AIAC Malaysia, CMC, and SIMI Singapore. POST TRAINING COACHING SUPPORT (OPTIONAL) To further optimise your learning experience from our courses, we also offer individualized 'One to One' coaching support for 2 hours post training. We can help improve your competence in your chosen area of interest, based on your learning needs and available hours. This is a great opportunity to improve your capability and confidence in a particular area of expertise. It will be delivered over a secure video conference call by one of our senior trainers. They will work with you to create a tailor-made coaching program that will help you achieve your goals faster. Request for further information post training support and fees applicable Accreditions And Affliations