Overview

The course focuses on providing the knowledge and skills necessary to administering and managing a contract. The course also will discuss and examine FIDIC Contracts, which are increasingly being used by international construction agencies and Multilateral Development Banks, including the World Bank. In a time when contracts awarded by government and commercial entities are increasingly complex and involve sophisticated technology, a firm understanding of contract administration and management is vital to success. Through lectures, discussions and case studies, the course will examine contracts in the award and performance phases from the purchasers’ and contractors’ viewpoints.

The seminar is intended for project managers, contract managers, professionals from government ministries and agencies, consulting professionals, legal advisors, and all involved in the implementation and management of a contract.

Course Outline

Managing the Contract

• Types, forms, and terms of contracts (including Donor Contracts)
• Procurement
• Concepts and principles of contract law
• Key legal definitions and terms
• FIDIC and other types of contracts
• Contract price and payments

Contract Negotiations

• Negotiation objectives
• How to negotiate

Contract Administration

• Roles, responsibilities and authorities
• Communications and teamwork
• Monitoring contracts
• Administering consulting contracts
• Filing records and audits
• Payment schedules
• Cost control
• Changes to the contract requirements

Managing Contractor Performance

• Reporting
• Issue management
• Poor performance
• Managing quality assurance of deliverables
• Performance evaluation
• Performance incentives

Performance and Scheduling Management

• Baseline tracking
• Integrated change control
• Management of quality assurance and non-compliance
• Risk and issue management
• Management handover and contract closure
• Documentation management

Claims Management

• Understanding claims and why they arise
• How to process and assess a claim
• Dispute mechanisms in the contract
• Dispute mechanisms under FIDIC
• Managing arbitration
• Dispute resolution

Course Advisor

Don De Amicis is a Professor of Law at the Georgetown University Law Center, where he teaches international business transactions, and a Senior Advisor at the International Law Institute. He was previously Vice President and General Counsel of the Overseas Private Investment Corporation, the U.S. government’s development finance institution, which supports private investment through project finance and political risk insurance. Don was a partner at the international law firm Ropes & Gray, where he focused on finance, corporate law, and restructuring. He is a member of the Sanctions Committee of the Inter-American Development Bank and the Enforcement Committee of the European Bank for Reconstruction and Development, and also serves as an independent arbitrator.