ADVANCED CONTRACT MANAGEMENT

AIM

The course aims to provide a comprehensive understanding of the principles that form the basis of construction contracts, and to convey the knowledge and skills necessary for contract managers to manage contractual relations.

CONTENT

This course contains; Definition of a construction contract, elements of a valid contract; red flag clauses in contracts,Differing legal systems,The construction contract as a legal document,The contract documents The contract agreement, general and special conditions, addenda,The interpretation of contract documents and priority issues,Definitions , matters of interpretation, Changes,Delays,Delay analysis,Adverse weather conditions and force majeure,Unforeseen site conditions,Termination of the contract; termination rights of the parties,Damages; Types and processes,Acceptance,Dispute resolution in contracts; litigation, arbitration, ADR.

1. 1

   Understands and interprets construction contracts.

   Taught by: Discussion Method, Role Play and Drama Technique, Question - Answer Technique, Problem Baded Learning Model, Experiential Learning, Lecture Method · Assessed by: Traditional Written Exam, Homework, Quiz

2. 2

   Gains an awareness of the responsibilities of both parties to a construction contract.

   Taught by: Role Play and Drama Technique, Question - Answer Technique, Problem Baded Learning Model, Experiential Learning, Lecture Method · Assessed by: Homework, Quiz

3. 3

   Gains skills in evaluating contractual risk.

   Taught by: Role Play and Drama Technique, Question - Answer Technique, Problem Baded Learning Model, Experiential Learning, Lecture Method · Assessed by: Homework, Quiz

4. 4

   Gains skills in evaluating standard contractual forms.

   Taught by: Role Play and Drama Technique, Question - Answer Technique, Problem Baded Learning Model, Experiential Learning, Lecture Method · Assessed by: Homework, Quiz

5. 5

   Gains contract administration skills.

   Taught by: Role Play and Drama Technique, Question - Answer Technique, Problem Baded Learning Model, Experiential Learning, Lecture Method · Assessed by: Homework, Quiz

WEEKLY PLAN

1. WEEK 1

   Definition of a construction contract, elements of a valid contract; red flag clauses in contracts

2. WEEK 2

   Differing legal systems

3. WEEK 3

   The construction contract as a legal document

4. WEEK 4

   The contract documents The contract agreement, general and special conditions, addenda

5. WEEK 5

   The interpretation of contract documents and priority issues

6. WEEK 6

   Definitions , matters of interpretation, Changes

7. WEEK 7

   Delays

8. WEEK 8

   Delay analysis

9. WEEK 9

   Adverse weather conditions and force majeure

10. WEEK 10

    Unforeseen site conditions

11. WEEK 11

    Termination of the contract; termination rights of the parties

12. WEEK 12

    Damages; Types and processes

13. WEEK 13

    Acceptance

14. WEEK 14

    Dispute resolution in contracts; litigation, arbitration, ADR

ASSESSMENT

• Rate of Midterm Exam to Success50%
• Rate of Final Exam to Success50%

WORKLOAD

READING

• Sözen, Zeynep, FIDIC Genel Koşullarından Örneklerle İNŞAAT SÖZLEŞMELERİNİN YÖNETİMİ, Legal Yayınevi, İstanbul, 2015 Keane, P.John, Caletka, A, Delay Analysis in Construction, Wiley,-Blackwell, 2008. Uff , J. Construction law ( 10th edn ) Sweet & Maxwell ,London, 2009. Wilmot-Smith , R.,Construction Contracts: Law and Practice, Oxford University Press , Oxford, 2006 Bunni, N. G. (2005). The FIDIC Forms of Contract (3rd Edition). Blackwell Publishing, Oxford. 1. International Construction Projects 23 ICC (2009). International Court of Arbitration Bulletin, 19(2) – 2008. Jaeger, A.V. and Hök, G.S. (2010). FIDIC: A Guide for Practitioners. Springer Verlag, Berlin. JICA (2011). Check list for one-sided contracts for use with ‘sample bidding documents under Japanese ODA loans : procurement of works’. Available at: http://www.jica.go.jp/ activities/schemes/finance_co/procedure/guideline/pdf/check_e.pdf (accessed 1 March 2014). Murdoch, J.R. and Hughes, W. (2008). Construction Contracts : Law and Management. Taylor & Francis, New York. Scott, D. Panama Canal Congress focuses on risk management on large infrastructure projects. Online. Available at: http://www.asce.org/ascenews (accessed 12 Jan. 2014). Venoit, W.K. (2009).International Construction Law: A Guide for Cross-Border Transactions and Legal Disputes. ABA Publishing, Chicago. Winch, G. (2010). Managing Construction Projects. Wiley-Blackwell, Oxford. Wyckoff, P.G. (201
• Lecture notes

TEACHING STAFF

• Prof.Dr. Ayşe Zeynep SÖZENCOORDINATOR
• Prof.Dr. Ayşe Zeynep SÖZEN