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Naim Trabelsi, PMP, PMI-RMP

Most of the construction professionals are aware about the poor performance of construction, yet we keep seeing projects fail and lose money. Despite all the innovations and all the project management methodologies that are being implemented, the industry is still far to be efficient. The true problem is that we are not mastering the basics due to the lack of trainings and mentorship.

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Most of the construction professionals are aware about the poor performance of construction, yet we keep seeing projects fail and lose money. Despite all the innovations and all the project management methodologies that are being implemented, the industry is still far to be efficient. The true problem is that we are not mastering the basics due to the lack of trainings and mentorship.

The goal of this course, is to teach you the basics. The basics of commercial and contractual knowledge skills and knowledge that you were not exposed to, the basics that we thought they are not for engineers, the basics that should be mastered by anyone working in the construction sector.

My goal is to share all the experience, knowledge and skills that I’ve I have gained from real work experiences in different tenders, mega projects; and international clients in different countries and present them to you as lessons to learn from.

The course is structured into 5 chapters, These chapters will describe the story of a Contract from its formation by the client till its execution by Contractors. This course will be your guide in any construction project and the way to improve your career path.

In the first two chapters, we will start talking about the basics in the construction. The skills and attitude of a project manager, and what you are missing to enhance your career. We will talk about how to read and understand international forms of agreement, the structure of any bidding documents and many more.

In chapter three, we will see how the contract is formed and developed by the Client. We will come across the important terms and conditions used in most of the agreements. I will introduce the risk management process and how risks are playing a major role in the preparation of any contract. We will talk about the choice of the right contract form, bonds and guarantees that the client can use to guarantee the success of his investment.

In chapter four, we will come across the typical disputes that occur in the industry, the common contractual pitfalls. We will see the root causes of these problems and how we can avoid them.

In the last chapter, we will see how the contractor can win and complete a successful project, starting from the estimation and bidding stage, passing through the award and negotiation of the contract, till its execution and administration.

We will talk about many topics, with real case studies.

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What's inside

Learning objectives

  • Learn the contract life cycle from its formation till its execution
  • Proactive approach to manage your construction projects using the contract
  • Learn and improve your commercial and contractual skills and knowledge
  • Understand how to implement risk management in construction
  • Causes of poor performance of construction sector and how to mitigate them
  • The entire process of a construction project

Syllabus

The importance of Contractual and commercial knowledge
Introduction
Construction industry's performance
Construction industry is not treated as it should!!
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Traffic lights

Read about what's good
what should give you pause
and possible dealbreakers
Explores the contract lifecycle from formation to execution, offering a comprehensive understanding of project management from a contractual perspective
Addresses the root causes of poor performance in the construction sector and provides strategies to mitigate them, which is valuable for improving project outcomes
Covers risk management implementation in construction, which is essential for proactive project management and minimizing potential issues
Examines common contractual pitfalls and disputes in the construction industry, offering insights into avoiding these issues and resolving conflicts effectively
Requires learners to understand international forms of agreement, which may necessitate additional research for those unfamiliar with global construction standards
Focuses on the basics of commercial and contractual knowledge, suggesting that learners with advanced experience may find the content introductory

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Reviews summary

Practical construction contract management overview

According to learners, this course offers a solid foundation in construction contract management, covering the entire contract lifecycle from formation to execution. Many appreciate the instructor's ability to explain complex topics clearly, drawing on real-world experience and case studies. Students find the content practical and immediately applicable to their jobs, making it particularly valuable for those new to or needing a refresher on contractual basics. Some reviews mention it's beneficial for professional development, although a few hint it might be too basic for highly experienced professionals.
Excellent for those new to the field.
"This course is a perfect starting point for anyone looking to understand construction contracts."
"As someone relatively new to contract management, I found this course incredibly helpful and easy to digest."
"Highly recommended for junior engineers or project managers needing foundational knowledge."
"It provides a solid introduction to the basics that are essential for a career in construction."
Knowledgeable instructor with experience.
"The instructor's knowledge and experience in the field are evident throughout the lectures."
"He explains complex topics clearly and provides valuable insights from his professional background."
"His ability to relate theory to practice makes the lessons engaging and informative."
"The instructor is clearly an expert in the subject matter and communicates effectively."
Covers the full contract lifecycle.
"The course covers the entire contract lifecycle effectively, providing a great overview for those new to the subject."
"From bidding to execution, this course touched on all key stages, which was very helpful."
"The structured approach, following the contract's journey, made the material easy to follow and understand."
"Provides a good understanding of the different stages and aspects of construction contracts."
Practical insights from real projects.
"Practical course which helped me understand the basics of contract administration, and how to apply it on site."
"I found the course very practical and gives real examples of what is expected in construction contracts."
"I appreciate how the course integrates real-world case studies and examples, making the concepts tangible and relevant."
"Learned practical tools and strategies that I could apply immediately to my work in construction management."
Could be too introductory for experts.
"While good for beginners, professionals with significant experience might find some sections too basic."
"I was hoping for more in-depth analysis on specific contractual clauses and advanced dispute resolution."
"If you're already well-versed in contract law, this might serve more as a refresher than new knowledge."
"Content is fundamental; experienced practitioners might seek more advanced training."

Activities

Be better prepared before your course. Deepen your understanding during and after it. Supplement your coursework and achieve mastery of the topics covered in Construction Contract Management with these activities:
Review Contract Law Fundamentals
Reinforce your understanding of fundamental contract law principles to better grasp the nuances of construction contract management.
Browse courses on Contract Law
Show steps
  • Review key concepts like offer, acceptance, and consideration.
  • Study examples of contract disputes and their resolutions.
  • Take a practice quiz on contract law principles.
Read 'Construction Law' by Julian Bailey
Gain a deeper understanding of construction law principles and their application to contract management.
View Construction Law on Amazon
Show steps
  • Read chapters related to contract formation and interpretation.
  • Take notes on key legal concepts and case studies.
  • Reflect on how these concepts apply to real-world construction projects.
Analyze a Sample Construction Contract
Apply your knowledge by dissecting a real-world construction contract and identifying key clauses and potential risks.
Show steps
  • Obtain a sample construction contract document.
  • Identify key clauses related to payment, schedule, and changes.
  • Assess potential risks and liabilities for both parties.
  • Write a brief report summarizing your findings.
Four other activities
Expand to see all activities and additional details
Show all seven activities
Develop a Risk Management Checklist
Solidify your understanding of risk management by creating a practical checklist for identifying and mitigating risks in construction projects.
Show steps
  • Research common risks in construction projects.
  • Categorize risks by type (e.g., financial, schedule, safety).
  • Develop mitigation strategies for each risk category.
  • Create a checklist for project managers to use during planning.
Design a Contract Change Order Form
Practice your understanding of contract variations by designing a clear and comprehensive change order form.
Show steps
  • Research standard change order form templates.
  • Identify essential fields for tracking changes and costs.
  • Design a user-friendly form with clear instructions.
  • Get feedback on your design from peers or mentors.
Read 'Construction Claims' by Vincent Powell-Smith
Deepen your knowledge of construction claims and dispute resolution processes.
Show steps
  • Focus on chapters related to delay claims and disruption claims.
  • Analyze case studies of successful and unsuccessful claims.
  • Consider how to apply these lessons to prevent future disputes.
Participate in a Contract Negotiation Simulation
Enhance your negotiation skills by participating in a simulated contract negotiation with your peers.
Show steps
  • Pair up with a classmate or colleague.
  • Choose a scenario involving a construction contract dispute.
  • Role-play the negotiation process, taking on different perspectives.
  • Debrief and discuss lessons learned from the simulation.

Career center

Learners who complete Construction Contract Management will develop knowledge and skills that may be useful to these careers:
Contracts Manager
A Contracts Manager is responsible for managing a company's contracts, ensuring they are legally sound and commercially beneficial. This course on Construction Contract Management is highly relevant, as it focuses on the knowledge and skills needed to manage construction contracts effectively. The course's coverage of contract law, project feasibility, and the different types of construction contracts helps a Contracts Manager make informed decisions. The course will discuss things like bonds, warranties, guarantees, and disputes, providing practical knowledge for mitigating risks and ensuring that the contracts are well-executed. With greater insight into the importance of critical path and project completion, one may be better prepared to be a Contracts Manager.
Contracts Specialist
A Contracts Specialist focuses on the detailed aspects of contract preparation, negotiation, and administration. This course on Construction Contract Management equips a Contracts Specialist with the knowledge required to excel in this role. The course's focus on contract documentation, interpretation, and dispute resolution provides the practical skills needed to manage contracts effectively. The course's insight into international forms of agreement, bidding documents, and the risk management process is crucial for ensuring contracts are well-drafted and legally sound. A more comprehensive understanding of the contract lifecycle may lead to greater success as a Contracts Specialist.
Contract Administrator
A Contract Administrator manages and oversees contracts, ensuring compliance and efficiency throughout their lifecycle. This course on Construction Contract Management is directly relevant to this role, teaching the essentials of commercial and contractual knowledge. Understanding contract law, project feasibility, and the main stages prior to contract award helps a Contract Administrator in drafting, reviewing, and managing construction contracts effectively. The chapters on contract formation, risk management, and dispute resolution provide a solid foundation for mitigating contractual risks and ensuring project success. Learning about bonds, warranties, and guarantees, as taught in this course, is critical for protecting a client's investment.
Contract Negotiator
A Contract Negotiator specializes in negotiating the terms and conditions of contracts, ensuring they are favorable and legally sound. This course on Construction Contract Management is highly relevant, providing specialized knowledge for this role. The course will introduce the risk management process and how risks are playing a major role in the preparation of any contract. The course’s focus on contract law, commercial terms, and dispute resolution equips a Contract Negotiator with the skills needed to negotiate effectively. Understanding real case studies can provide greater clarity when serving as a Contract Negotiator.
Claims Manager
A Claims Manager handles and resolves claims related to construction projects, often involving contractual disputes. This course on Construction Contract Management is invaluable for a Claims Manager, providing a thorough understanding of the contract lifecycle and potential pitfalls. The course's detailed coverage of dispute resolution, common contractual issues, and risk management gives the knowledge needed to assess and negotiate claims effectively. A Claims Manager will gain greater insight into project feasibility, contract formation, and the various types of construction contracts. Studying topics like document management and contractor obligations can give one a leg up in becoming a Claims Manager.
Project Manager
A Project Manager is responsible for planning, executing, and closing projects, often in the construction industry. This course on Construction Contract Management is tailored to enhance the skills required for this role. Understanding the contract lifecycle, implementing risk management, and improving commercial and contractual skills directly contribute to a Project Manager's ability to manage construction projects proactively. The course will allow one to understand how to read and understand international forms of agreement, the structure of bidding documents, and the importance of critical path. Knowledge of dispute resolution and the causes of poor performance in construction helps in mitigating risks and ensuring project success, making one a more effective Project Manager.
Construction Manager
A Construction Manager oversees construction projects from start to finish, ensuring they are completed on time and within budget. This course on Construction Contract Management helps a Construction Manager understand and manage contracts effectively. Insights into contract law, project feasibility, and risk management learned in the course are essential for making informed decisions and avoiding common pitfalls. The course chapters on contract execution, administration, and dispute resolution provide practical knowledge for handling contractual issues and optimizing project outcomes. Studying the course's real case studies relating to contractor obligations, documentation management, and compensation claims can help one become a more effective Construction Manager.
Commercial Manager
A Commercial Manager focuses on the commercial aspects of a project, including contracts, negotiations, and risk management. This course on Construction Contract Management directly supports this role by teaching the essentials of commercial and contractual knowledge. The course delves into the basics of commercial and contractual knowledge, skills, enhancement, and career development. The course's insight into contract formation, risk management, and dispute resolution is crucial for ensuring projects are profitable and successful. Understanding topics such as project feasibility and the choice of contract vehicle, as taught in this course, helps a Commercial Manager make strategic commercial decisions.
Subcontract Manager
A Subcontract Manager focuses on managing subcontractors involved in construction projects, ensuring they fulfill their contractual obligations. A course on Construction Contract Management provides specialized knowledge for this role. The course focuses on the basics of commercial and contractual skills that one was not exposed to, and that should be mastered by anyone working in the construction sector. The course's detailed review of the bidding stage, contract award, and subcontractor management prepares one for the specifics of managing subcontractors. Understanding topics such as bonds, warranties, and guarantees is particularly relevant.
Quantity Surveyor
A Quantity Surveyor manages the costs of construction projects, from initial estimates to final accounts. While often focused on cost estimation, understanding contract management is highly beneficial. This course on Construction Contract Management provides a good foundation for managing the contractual aspects of project costs. Learning about contract law, project feasibility, and risk management helps a Quantity Surveyor understand the financial implications of contractual decisions. Understanding project constraints and contract way forward, as taught in this course, helps in making more accurate cost assessments and managing project budgets effectively. With insight into subcontractors and suppliers, one could be better informed as a Quantity Surveyor.
Cost Engineer
A Cost Engineer estimates and controls project costs, working closely with project managers and construction teams. This course on Construction Contract Management helps a Cost Engineer understand the contractual factors that impact project costs. The course's coverage of contract clauses, commercial terms, and change management provides insights into how contracts can affect project budgets. The course will allow one to understand contract clauses and the importance of critical path. One who is studying to become a Cost Engineer may find the material on subcontractor contract management to be particularly relevant.
Procurement Manager
A Procurement Manager oversees the purchasing of goods and services for construction projects, ensuring cost-effectiveness and compliance. This course on Construction Contract Management provides insight into the contractual aspects of procurement. The course's overview of contract clauses and commercial terms helps a Procurement Manager understand the financial and legal implications of their decisions. The course will help a Procurement Manager improve commercial and contractual skills and knowledge. A Procurement Manager may find the instruction on subcontractor and supplier contract management to be invaluable.
Construction Lawyer
A Construction Lawyer specializes in legal issues related to construction projects, including contract disputes and compliance. While a law degree is essential, this course on Construction Contract Management provides valuable practical knowledge of construction contracts. The course's coverage of contract law, dispute resolution, and risk management gives a Construction Lawyer a deeper understanding of the challenges their clients face. You will come across the important terms and conditions used in most of the agreements. Understanding topics such as bidding documents, subcontracts, and the contract vehicle may provide additional insight when working as a Construction Lawyer.
Estimator
An Estimator prepares cost estimates for construction projects, providing critical data for bidding and project planning. This course on Construction Contract Management provides insight into contractual factors that impact project costs. The course's teaching of commercial skills and the main parties involved in a construction contract helps an Estimator understand the financial implications of contract terms. Understanding contract clauses is the first step in securing investment. An Estimator may find the instruction on subcontractor and supplier contract management to be invaluable.
Project Coordinator
A Project Coordinator supports project managers by handling administrative tasks, tracking project progress, and ensuring communication among team members. This course on Construction Contract Management gives Project Coordinators a broader understanding of the contractual and commercial aspects of construction projects. The course teaches one about continuous struggle when it comes to fixing the basics. Learning about contract documentation, project constraints, and risk management helps them better support the project team. This course is structured into five chapters, which might be useful to Project Coordinators.

Reading list

We've selected two books that we think will supplement your learning. Use these to develop background knowledge, enrich your coursework, and gain a deeper understanding of the topics covered in Construction Contract Management.
Provides a comprehensive overview of construction law principles and practices. It covers a wide range of topics relevant to construction contract management, including contract formation, risk allocation, and dispute resolution. It valuable reference tool for understanding the legal framework governing construction projects. This book is commonly used by construction professionals and legal practitioners.
Delves into the intricacies of construction claims, providing a detailed analysis of common claim types, legal principles, and best practices for claim management. It is particularly useful for understanding the causes of disputes and how to effectively resolve them. This book is more valuable as additional reading to deepen your understanding of claims management.

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