The Golden Rules of Correspondence, Forms, Negotiation And Admin

Course background

• Those working in the construction industry are required to be able to communicate effectively and correctly in order to administer contracts, manage the construction process and satisfy their own responsibilities, or those for whom they work, as well as needing to be able to secure the position in law and negotiate on a regular basis. This RECENTLY UP-DATED 1 DAY COURSE reviews the issues to be considered in communications, the techniques, structure, content and purpose of common forms, correspondence, negotiation and various aspects of administration.
• Where appropriate the course considers communications in the context of JCT, NEC and PPC 2000 contracts and is suitable for those who have not previously been responsible for external communications, correspondence, notices, certificates, etc.
• The Course also covers the New Construction Act insofar as it is relevant.

SPEAKERS’ PANEL

The speaker for each course will be from a panel of either Ryland Ash and Peter Ormston

OVERVIEW

Basic law in relation to communications

• Contract and Common law position
• In writing
• Email
• PDF
• Faxes
• Verbal
• Post
• Service of documents
• Issued/Received
• Telephone
• Without Prejudice communications
• Certificates and the role of a Certifier
• Confidential
• Privileged
• When not to communicate

Pre-contract communications

• Form and Content
• Offers and Acceptances
• Letters of Intent
• Form of Tender
• Enquiry
• Estimates
• Negotiations
• Additional Information
• Site and Ground Information
• Programmes
• Qualifications to bids

Post contract – record keeping

• Note taking
• Purposes of record keeping
• Evidence
• Burden and Standard of Proof
• Forms of records
• Minutes of meetings
• Photographs, Videos, etc
• Contemporaneous records
• Letters and correspondence
• Types of Records
• Systems
• Archive

Contract requirements

• Requirements of forms of contracts in use
• Time limits
• Conditions precedent
• Drawings and Instructions
• Confirmation of Instructions
• Programmes
• Contractor’s/Subcontractor’s reports
• Keeping/providing records
• Dayworks
• Certificates
• Notifying Defects
• Administration Forms – published by RIBA, RICS, ICE, etc

Correspondence and letters

• For different situations
• Style and structure
• Detail
• Business like exchanges
• Making the point
• Bringing an exchange to a conclusion
• Contract clauses
• Language and legal references
• Cause and effect

Negotiation

• Techniques
• Win win solutions
• Using strengths
• Objectives and outcome
• Settling agreements

The New Construction Act

• Brief Review of the Local Democracy, Economic Development and Construction Act 2009 and its impact on payment and adjudication provisions.