23
November 2015

Construction Projects Contracts, Bidding Administration Logistics and Claims Avoidance

Status: Advanced registration is now closed. Please email [email protected] to check space availability. Thank you!
Date: Monday, November 23, 2015 - Wednesday, November 25, 2015
Time: 8:00 AM-8:30 AM: Registration - Day 1
8:30 AM-4:30 PM: Construction Projects - Day 1
8:30 AM-4:30 PM: Construction Projects - Day 2
8:30 AM-4:30 PM: Construction Projects - Day 3
Location: The Listel Hotel (Abstract Gallery Room), 1300 Robson Street Vancouver, BC
Presenter: Yasser Abdelghany, Ph.D., P.Eng., Construction Standards and Contracts Engineer, Ministry of Transportation & Infrastructure, Government of British Columbia
Credit: 21 Formal Professional Development Hours (PDH)
Cost: Early Bird Price Engineers and Geoscientists BC Member: Construction Projects Contracts, Bidding Administrat - Day 1 : $1200.00 + GST = $1260.00 until Nov 9, 2015

Engineers and Geoscientists BC Member and EIT/GIT Regular Price: Construction Projects Contracts, Bidding Administrat - Day 1 : $1300.00 + GST = $1365.00

Non-Member Price: Construction Projects Contracts, Bidding Administrat - Day 1 : $1300.00 + GST = $1365.00

Student Member Price: Construction Projects Contracts, Bidding Administrat - Day 1 : $650.00 + GST = $682.50
Please Note: *A minimum number of registrations are needed by November 09, 2015 to proceed with this seminar. Please register early to avoid cancellation.
**All prices are subject to applicable taxes.
Contact: Jennifer Chan | Professional Development Coordinator
Direct: 604.412.4861
Toll Free: 1.888.430.8035 ext.4861
Fax: 604.639.8180
Email: [email protected]
Note:
This is the authoritative course that sets the standards for construction administration, field management and claim avoidance. This course examines the principals of project administration procedures from the viewpoint of a resident project manager or project engineer on a construction or engineering project. This course also will cover multiple of area of the Construction Projects Contracts and Bidding Logistics. Among the topics, defining the participants in a construction Contract, Contract definition, Types of Contracts, formation principles of a Contract, performance or breach of Contractual obligations and the analysis and comparison of the different kinds of construction Contracts and bidding logistics, legal organizational structures, the Different types and uses of specifications. The Different forms of contracts utilized in construction, for example, Design Build, Engineering Pro.

The course specifically addresses the project administration responsibilities of the project manager or project engineer in the engineering, design, or construction industries. The participant Learn how to apply proven field management and administrative principles and techniques to his/her construction projects, from the pre-construction phase through project close-out. The Participant will learn procedures, contract provisions and rules that will help minimizing and reserving claims and disputes. Claim sensitive areas of communication between owners, architects, engineers, bidders, contractors, and subcontractors are discussed in details focusing on the handling of design and specifications changes during the bid phase, change orders, payments claims, emergency field orders, project close-out, and protection against lens and stop notices. Moreover, the course takes a project team approach for improved job efficiency, outlining a project team operation in which the office project administrator delegates to the greatest possible extent all those project administrative functions that can be done more efficiently in the field. The course addresses the responsibilities and risks that a project administrative manager is likely to encounter.
 
Course Objective:
To develop understanding of the standards for construction administration, field management and claim avoidance, bidding logistics and Contracts types, drafting and management. To identify the claim sensitive areas of communication between all project parties. To assist the participants to visualize the design and specifications changes during the bid phase, change orders which keep them aware of it during project progress and lead them to successful project close-out meeting project objectives and constraints.

Other objectives of this course are to develop an understanding of the following items:
  1. Information technology tools which are positively impacting project administration.
  2. Latest techniques in the field to reinforce the material’s relevance.
  3. Improve communication on the job and avoid the risk of claims. Project documentation  including records and reports.
  4. Coverage of design-build laws and public projects, including but not limited to building, environmental, and transportation projects.
  5. Proceeding documentation forms recommended for project administration. Students will gain real-world examples of day-to-day activities on the job.
  6. Discussion of liquidated assets with examples. Methods to improve upon the owner or contracting agencies option to protect project and businesses from financial harm with project administration.  Helps future managers avoid costly litigation.
  7. Familiarization with the latest local standards and specification and applications for city and country projects.
  8. 8. Project Administrator’s responsibility and authority. Value engineering, measuring progress payments. Project closeout.
Target Audience
Project Managers, Constructions managers and superintendents, Engineering consultants and other Engineers such as Civil, Geotechnical, structural and construction on the national, provincial and local highway agencies or other municipalities  who deals with projects design, bidding, projects construction. Operational contracts officers. The course is also suitable for engineering and design professionals, experienced contract administrators, and owners interested in the special administrative problems of engineering or construction, on-site representatives, and inspectors and Students of construction management.
 
DAY ONE
A.  INTRODUCTION
  1. Definition of Contracts
  2. History
  3. Current Construction Spending
  4. Considerations for Contracts Creation
  5. Effective Contracts Requirements
  6. Construction Industry Organizations
  7. Projects Participants (Owner, Designer, Builder, Other Stakeholders)
 B. THE FIVE STEP PROCESS:  Advertise for Bids – Open Bids – Award Contract – Executive    Agreement – Notice to Proceed)
 
C. TIME, QUALITY AND COST 
 
D. PROJECT ORGANIZATION: (Traditional Arch/Eng. Contract, Cm Contracts, Design – Build – Turnkey, Fast Track Construction)
 
E. LEVELS OF MANAGEMENT AND RESPONSIBILITIES 
F.  PROJECT ORIGIN
  1. Concept Proposal
  2. Base Design
  3. Method of Award
  4. Contract Types
  5. Bid List
  6. Construction Management
  7. Bond Requirements
  8. Insurance Requirements 
G. DESIGN – BUILD CONTRACTS 
(New Design – Build Concepts, Contract Documents for Design Builds, Limitations in Public Contracts, Two-Step Process for Public Projects).
 
H. PARTNERING: Partnering Concept, Benefits & Potential Problems. The Partnering Process, Specifying Partnering, Joint Ventures and Consortium concepts)
 
I.  PLANNING AND CONTROL
  1.     Master Development Plan
  2.     Project Planning
  3.     Bid Package
  4.     Invitation to Bid
  5.     Project Document Register  
DAY TWO
 
A. CONTRACT AWARD
  1.  Pre-Bid Activities
  2.  Post-Bid Activities
  3.  The Construction Contract 
B. CONTRACTS ADMINISTRATION
  1.   Fundamentals
  2.   Organization
  3.   Pre-Construction Activities 
C- CONTRACT IMPLEMENTATION
  1. Site Manager Role
  2. Compliance
  3. Changes and Extras
  4. Construction Contract Amendments
  5. Delays and Time Extensions
  6. Suspensions or Termination
  7. Progress Payments
  8. Beneficial Occupancy
  9. Closure and Start-up
  10. Site Management Documents
  11. Construction Schedule
  12. Notice to Proceed
  13. Site Transmittal Memos
  14. Routine Management Reports
  15. Final Inspection, Test Run and Acceptance
  16. Release and Waive of Lien
  17. Disputes
  18. Claims
 D. THE PROJECT DELIVERY SYSTEM
  1. Specification in Contract Administration
  2. Construction Laws and Labor Relations
  3. Project Management Professional Testing Areas
  4. Construction Safety
  5. Planning for construction
  6. Construction Operations Value Engineering
  7. Project Closeout
 DAY THREE 

A-     CASE STUDIES AND A DEEP LOOK INTO THE CANADIAN CONSTRUCTION LAW

B-     SEVERAL CASE STUDIES AND LESSONS (Historical and Recent Construction Claims) 
  1. TRADITIONAL LAW OF BIDDING
  2. REVOLUTION IN THE LAW OF BIDDING
  3. DUTIES AND RIGHTS OF OWNERS
  4. SUBCONTRACTOR BIDS
  5. SUPPLIER BID
  6. MISTAKE IN BID
  7. NEGLIGENCE AND MISREPRESENTATION
  8. DUTIES OF CONSULTANTS
  9. SPECIAL REMIDIES
  10. TIME OF BID SUBMITAL
  11. CLAIMS AND DISPUTES
Five Principles of Contract Administration
Construction Problems
Protests
Claims
Claims and Disputes
Differing Between the Parties
Home Office Overhead
Scheduling Changes
Construction Changes
Other Causes of Claims and Disputes
Resolving Differences
Resolution by Negotiation
Preparations for Claims Defense
The Use of Project Records in Litigation
Order of Precedence of Contract Documents
Obligations of the Contractor
Alternative Methods for Dispute Resolution
Arbitration or Litigation?
The Mediation Process
Settlement of Disputes by Arbitration
 
12.  BID COMPLIANCE AND BID EVALUATION
I.                    Compliance
  • Owner Obligations/Owner Control
  • When does Contract A Not Arise?
  •  Contractors/Subcontractors
            II            Evaluation
  • Privilege Clause
  • Fairness in Bidding
  • Privilege Clause/Discretion Clause
13.  TROUBLESOME BID ISSUES
I. Compliance Issues
  • On-Time Bid Submission
  • Is this a valid Offer?
  • Plans and Specs?
  • Bid Security/Agreement to bond
  • Failure to nominate Subcontractors
  • Bidder Error in Bid: Latent Mistake Revisited
  • Substantial Compliance/ Irregular Bids Revisited
  • All Bids Are Non – Compliant
      (a)   What does the owner have?
      (b)   Evaluation: What is an Owner to do?
      (c)    Reject First and then Negotiate?
      (d)   First Principles

II Evaluation Issues
  • Pre-Qualification
  • Nuanced View of cost
  • Unrealistically Low Bids
  • Unbalanced Bids
  • After-Bid Amendments by Contractors
  • After-Bid Amendments by Owners
  • Unsolicited Alternatives
  • Owner Errors/Omissions in Bid Documents
  • Subcontractor Error in Bid
  • Tied Bids
  • Electronic Bidding 
14. TROUBLE DAMAGES AND OTHER RELIEF
  • General Principles
  • Proof Damages
  • Breach of Contract A
  1. Awards in favour of Owners against Contractors
  2. Awards in favour of Contractors against Owners
  3. Awards in favour of Subcontractors against Contractors
  4. Awards in favour of Contractors against Subcontractors
  • Misrepresentation
  1. Awards in favour of Subcontractors against Owners
  2. Contractors against Owners
  • Other Relief
  1. Unjust Enrichment
  2. Prerogative Remedies/Injunction 
15.  CONTRACT A: TREAT IT LIKE A CONTRACT
  • Contract A Is a Real Contract
  • Treat Contract A like a Contract
  • New Law/New Practice
  • Identifying and Allocating Risks
  • Keep it simple – Keep your opinions Open
  • Dispute Resolution
After Attending This Course You Will Be Able To
  •  Learn how to apply proven field management and administrative principles and bidding logistics and other Planning techniques to his/her construction projects, from (the bidding phase – Open Bids – Award Contract – Executive Agreement – Notice to proceed), pre-construction phase through project close-out.
  •  The Participant will learn procedures, contract provisions and rules that will help minimizing and reserving claims and disputes.
  • Participants will examine the responsibilities of each member of the project team to assure that they are intimately familiar with and practicing the principals of project administration.
  • Upon completion of the course, Participants will have a complete understanding of the particular needs of the project team in today’s changing engineering and construction environment in the project administration field.
Instructor Bio
Yasser Abdelghany, Ph.D., P.Eng.
Dr. Yasser Abdelghany is the Construction Standards and Contracts Engineer at the Ministry of Transportation & Infrastructure (Government of British Columbia in Canada) and a Visiting Professor at University of Victoria (UVIC) New Civil Engineering Department (Geotechnical Engineering) and at Western Ontario University (UWO) Civil and Environmental Engineering Department in which he taught post graduate courses. He is a Professional Engineer in British Columbia, Ontario; and Alberta and a member of the Transportation Research Board TRB - AFS30 Foundations for Bridges and other structures committee (Term 2011-2014 and 2014-2017). A holder of a Ph.D. in Civil Engineering (Geotechnical Engineering) from the University of Western Ontario (UWO) in 2008; Thesis - “Monotonic and Cyclic Behaviour of Helical Screw Piles Under Axial and Lateral Loading” and a Master’s and Bachelor’s of Science in Construction Engineering in 2002 and 1998 respectively from American University in Cairo (AUC); Theses - “Classification of Risks for International Construction Joint ventures Projects” and “Seismic Structural Design for High-rise Residential Buildings respectively. He is also an author and Co-author of more than twenty technical papers in various fields of civil engineering and business management.
 
Dr. Abdelghany has a patent for “Innovative Seismic Resistant Helical Screw Piles” and is a holder of an Ontario Centre of Excellence award in 2007 held in Toronto for his research on Seismic Helical Screw Piles and a Best Research Paper in 2002 in the International Conference for Computers and Industrial Engineering held in Greece “Tinos Island” for his research on “A Decision Support System for Classification of Risks for International Construction Joint Ventures Projects” and holder of the Power Corporation of Canada Award 2003/2004 from Quebec. Dr. Abdelghany taught different Civil Engineering and Construction Management courses to Undergraduate, Graduate, and Other professional Engineers Canada wide.
 
Dr. Abdelghany has over 17 years of varied engineering experience within International Engineering contracting firms ranked by engineering news records (ENR) in which he managed different Engineering, Procurement and Construction (EPC) and Design Build (DB) and Build Operate Transfer (BOT) projects overseas among them an approximate 5 Km Utility Tunnel, multiple Oil and Gas projects, different highways and bridges construction and management overseas in which he provided unique management and contracts delivery services. Also he worked in multiple Erosion control and slope stability projects by Lake Erie, multifunction structures seismic repairs in Ontario, British Columbia. Different slope stability and earth structures and deep foundations design in different projects across Alberta and Ontario.
 
Among his employers, Dr. Abdelghany worked for several years with gigantic petroleum corporations, Mobil Oil, and ExxonMobil overseas as Projects and Maintenance Engineer (Lubricants and Projects Specialities (L&S) in the logistics and order fulfillment department.  Dr. Abdelghany is also a Certified Risk Assessor, Gas Detector, & Issuing Authority by ExxonMobil International Corporation. Dr. Abdelghany managed multiple projects with Mobil Oil and then, ExxonMobil following the merger in 1999. Moreover he worked as a researcher for Concordia and Western Ontario Universities.
 
He is an active member in different Civil Engineering and Construction Societies and Sub Committees such as Canadian Society of Civil Engineers Construction Division Committee; Canadian Geotechnical Society (CGS); International Society of Soil Mechanics and Geotechnical Engineering (ISSMGE); Member of Deep Foundations Institute and Helical Piles & Tiebacks Committee and Chair of the Helical Piles & Tiebacks Seminar held in Vancouver June 2013; He also a member of the American Society of Civil Engineers (ASCE); a Certified Construction Project Supervisor (CCPS) by American Society of Civil Engineers (ASCE) and reviewer for the Canadian Geotechnical Journal and Deep Foundations Journal. Further, he was nominated for Association of professional engineers and geoscientists of British Columbia (APEGBC) Council Elections 2009/2010 and 2010/2011 and 2011/2012 and 2013/2014.

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