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News & Press: 2014 News Items

Contract Comparisons: JBCC: NEC: FIDIC: GCC

Friday, 24 October 2014  
Posted by: Bert vd Heever
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The ASAQS Gauteng Chapter hereby invites you to a CPD Event.

Event Name:                           Contract Comparisons: JBCC: NEC: FIDIC: GCC

Nature of the CPD Event:        Academic lecture

 

Introduction

While South African construction professionals may, in the past, have “got by” with a knowledge of our local construction contracts such a knowledge is no longer sufficient. The construction arena is becoming more global as professionals look beyond our borders for work and as increasing numbers of employers use international forms of contract such as FIDIC and NEC/ECC. In this one day seminar we examine the key differences between the standard construction contracts currently in use and compare the approaches taken by these contracts to important issues. Advice on fitting the contract to the project will be given and the advantages and disadvantages of the various forms of contract discussed.

 

The contracts to be compared in this one day seminar are the following:

 

1.   The New Engineering Contract

The NEC/ECC contract is a contemporary contract which makes a clear break with traditional contracting and rather introduces innovative contractual tools aimed at sound project management and fair allocation of risk. While the benefits of working with the NEC/ECC contracts are great many find it a difficult contract to get used to, given the new approach to key issues and the language used in the contract. For this reason it is vital that anyone thinking of using the contract has had some training on its terms, its philosophy and its approach to the allocation of risk.

 

Some of the topics to be discussed in relation to the NEC/ECC contract are the following:

§  Pricing variations;

§  The role of the employer’s agent;

§  The adjudicator;

§  The NEC approach to subcontractors.

 

2.   The FIDIC Suite of Contracts

The FIDIC contracts, published in 1999 are rapidly gaining wide acceptance internationally due, in part to the fact that the World Bank has committed itself to use these contracts. With the 1999 contracts FIDIC has introduced a Construction Contract suitable for use in building works and a Small Works Contract. The contracts have also contributed a focused Design & Build/ Turnkey contract.

While the FIDIC contracts undoubtedly hold many advantages over the previous suite of FIDIC contracts they have been criticized, in particular for the manner in which they allocate risk. Contractors, in particular, have raised concerns about the risk allocation.

 

Some of the topics to be discussed in relation to the new FIDIC suite are the following:

§  Taking-Over and Completion under the FIDIC contracts;

§  The Dispute Adjudication Board;

§  The FIDIC approach to subcontractors;

§  Value engineering.

 

3.   The JBCC Contract

While many engineering contracts are being let under international forms of contract the Building industry has been slower to move to the international contracts and many building (and even some engineering) projects are currently being let under the JBCC contract, both in South Africa and in neighbouring states.

Time will therefore be devoted to a consideration of this contract insofar as it differs from the FIDIC and NEC/ECC contracts.

 

Some of the issues to be considered here include the following:

§   The traditional design under which the architect designs the works;

§   Dispute resolution under JBCC;

§   The use of nominated and selected subcontractors.

 

4.   The GCC Contract

The GCC 2010 contract was released in July 2010. We touch on some relevant issues including:

§  The role of the Agent

§  Subcontractors

Relevant training and information will be conveyed by way of case studies, practical examples and hands on exercises. Delegates will be given the opportunity to work with the standard contracts, to analyze key clauses and to discuss problem areas.

 

Some of the areas where the contracts will be compared include the following:

§  The approach to variations and instructions;

§  The role of the employer’s agent;

§  The approach to disputes



Presenter’s Name: Ivor Evans


Presenter’s Qualifications: B.Sc. Eng (Civil) degree in 1956 and an MBA in 1986

Experience:

Ivor Evans graduated from Wits University with a B.Sc. Eng (Civil) degree in 1956 and an MBA in 1986. His career began as a Junior Engineer with the South African Railways, followed by a period with contractors on infrastructure construction before a spell working overseas.  After post graduate studies in Switzerland and the United Kingdom he joined a firm of consulting engineers in Johannesburg in 1964 and remained in the consulting field until retirement from his firm in 2001.

 

He presently consults for BCA in the fields of contract documentation, contract administration and project management, and to other organizations and ECSA in areas of quality management, the statutory identification of engineering work, procurement policies and dispute resolution.  He is also a Fellow of the Association of Arbitrators (Southern Africa) and practices as a mediator and arbitrator


 

Date of Actual Event:         12 November 2014

 

Closing Date to Register:   04 November 2014


Registration:                       08h00 AM

Event Starts:                       08h30 AM
Event End:                          16h45 PM
 
Venue Name: Midrand Conference Centre

 

Venue Address: 
Tuscana Lapa (Entrance 2) 

661 Pendulum Road

Halfway House, Ext 12

Midrand

 

Awarded CPD Hours: 7hrs, Category 1


Event registration fees:

 

Member:              R 1 750.00 (including vat)

Non-Member:      R1 950.00 (including vat)

 

Please note:

 

Payment cut-off date - 04 November 2014

Click to Register

 
Nellis Boshoff
Edutech Director - ASAQS
Association of South African Quantity Surveyors
(W) -  011 - 315 - 4140
(F)  -   011 - 315 - 3785
web
- www.asaqs.co.za