Last Date: 08-10-2016
Contract management is a very important subject as it not only involves engineering skills but also needs techno-legal aspects to be understood properly and implemented. Legal provisions of contract management are governed by the Indian Contracts Act. Improper management of contracts costs heavily as the aggrieved party resorts to arbitration or litigation or conciliation. Therefore the contract managers have to be thorough in knowledge as well as execution of the contract. An employer has several obligations which if unfulfilled give rise to the disputes and huge financial claims. The contract managers have to be aware of their obligations under the contract and try to ensure that these are reasonably fulfilled under normal circumstances. Though best way is to avoid or even minimize the disputes during the execution of an engineering contract.
However, disputes are bound to occur in any contract and hence their timely resolution is the need of the hour. Delay in resolution of disputes is not the solution. On the contrary it adds up heavy burden of interest cost and therefore timely resolution of the disputes is a necessity. In case the disputes could not be resolved amicably, the parties are free to resort to arbitration and/or conciliation under the provisions of Arbitration and Conciliation Act. A contract manager should therefore have thorough knowledge of provisions of both the above Acts as these are quasi-judicial processes and any negligence on the part of the contract manager would cost the employer dearly. Disputes can also be resolved by Alternative Dispute Resolution Methods effectively.
All these aspects shall be deliberated and discussed along with several interesting case studies in this workshop.
Who should attend
The workshop shall be attended by practicing and in service engineers from all engineering branches whose live interaction would enlighten them about many facets of contract management and arbitration and also about the settlement of disputes.
The program shall include:
1. Indian Contract Act, Invitation to Bid & Award of Work
2. Arbitration / Conciliation in Construction Industry
3. Difference in Conditions of Contract Being Followed by Various Executing Agencies. Delays, Liquidated Damages, Extension of Time & Termination of the Contract
4. Disputes, Their Generation, Avoidance, Mitigation and Settlement
5. Resolution of Disputes by Alternative Dispute Resolution Methods, Dispute Review Boards Mechanism in Construction Contracts
6. Can Proper Contract Management Lead to Avoidance of Arbitration? Perception of Outsiders About Dispute Settlement Mechanism in India
7. Important Court Judgments on Arbitration, Case Studies on Dispute Resolution
Shri B. J. Vasavada, Techno-legal consultant and Arbitrator
Fee includes program fee, course material, lunch and refreshments. A fee of Rs 200/- is to be paid by the participants. A certificate of participation shall be given during valedictory session.
Please register yourself by sending your full name, email id, mobile no and Name of the program and its date by sending mail to firstname.lastname@example.org. Fees can be paid at the time of the workshop.