Description

The Construction and Engineering Law course introduces participants to construction contracts within the framework of the main construction and professional consultancy contracts used in the South African infrastructure, natural resources and energy sectors by engaging with a broad range of procurement methodologies.

Outcomes

Content

The course consists of legal and technical concepts relating to construction law in the context of general principles of contract:

Federation Internationale Des Ingenieurs – Conseils (FIDIC) contracts:

• The Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer: The Construction Contract (Red Book, 1999 and 2017 editions).
• The Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant and for Building and Engineering Works Designed by the Contractor: The Plant and Design-Build Contract (Yellow Book, 1999 and 2017 editions).
• Conditions of Contract for EPC/Turnkey Projects: The EPC/Turnkey Contract (Silver Book, 1999 and 2017 editions).
• Comparison between the Red, Yellow and Silver, 1999 first editions and the 2017

New Engineering Contract (NEC) contracts :

• The third and fourth edition of the Engineering and Construction Contract including options A to F pricing mechanisms.
• The third and fourth edition of the Term Service Contract, and the third edition of the Adjudicator’s Contract.
• NEC4 Dispute Resolution Service Contract.
• A comparison the third and fourth editions of the above contracts

Joint Building Contracts Committee (JBCC) contracts :

• The Principal Building Agreement: Edition 6.1 March 2014 and the Principal Building Agreement: Edition 6.2 May 2018.
• The Minor Works Agreement: Edition 5.1 March 2014 and the Minor Works Agreement: Edition 5.2 May 2018
• A comparison between 2014 and 2018 editions for the above contracts.

Professional Consultancy Agreements :

• The FIDIC Client/Consultant Model Services Agreement 4th edition (2006) and 5th edition (2017) (White Book)
• The NEC3 and NEC4 Professional Services Contracts
• The PROCSA Client/Consultant Professional Services Agreements
• A comparison of the different editions of the NEC and FIDIC professional consultancy agreements

Assessment

Role play (40%) and examination (60%).

Accreditation

This postgraduate certificate course is accredited by the university in accordance with its statutory mandate. It does not lead to a qualification registered on the National Qualifications Framework. No credit may be granted towards the PG Dip in Law or LLM degrees.

Course Dates

This is a semester-long course where participants attend evening lectures from 17:30 to 19:00 once a week during the period 25 July to 31 October 2021.

Venue

Chalsty Teaching and Conference Centre, Oliver Schreiner School of Law, University of the Witwatersrand, Johannesburg, West Campus, Wits.

Cost

R15 200 including VAT

Covid 19 Arrangement

Courses will be delivered through online lecturing should lockdown regulations prevent contact classes. Students are required to have basic computer skills and stable internet connection.

Entry Requirements

• A relevant Bachelor of Laws or Bachelor of Commerce in Law or Bachelor of Arts in Law or equivalent qualification is preferred for admission to the postgraduate certificate course; OR
• Professionals with relevant working experience in the construction and engineering space i.e. Engineers, Project Managers, Quantity Surveyors, Contracts Managers etc;
• All participants must have access to the construction contracts used in the course.

How to Apply

• Complete the Online Application Form on the website.
• Kindly ensure that you provide all the correct details on the online application form and should your employer be responsible for the payment please complete the relevant section before submitting, as invoices cannot be amended afterwards for employer details.
• Please also submit all supporting documents as stipulated in the entry requirements with application form.

Application Dates

1st Semester courses: 1 September 2021 to 31 January 2022

2nd Semester courses: 1 April to 30 June 2022

No late applications will be accepted.

Payment of Fees

• ALL fees must be paid 10 days before the start of the semester course or the start of the block release course. Registration is conditional on payment of full tuition fees.
• The tuition fees are the responsibility of the individual attending the course. For sponsored students, the individual need to ensure that the sponsor or sponsor organisation have enough time to process the payment. After the payment has been made, please ensure that the proof of payment is send.

Application of Courses

• Cancellation by registrant less than 10 calendar days before the start of the semester/course will result in liability for full payment of the fees.
• Cancellation by registrant more than 30 calendar days before commencement of the semester/course will result in an administration fee of 15% of the total course fee.
• Cancellation by registrant after commencement of the semester/course will result in liability for the full amount and forfeiture of all fees paid.
• The Mandela Institute from the School of Law, University of the Witwatersrand reserves the right to postpone or cancel a course due to lack of demand.
• In the event of cancellation, or reasonable postponement time, all fees paid will be refunded to the person/entity that made the original payment.
• Cancellation of Registration can only be done on a Cancellation of Registration Form. Please e-mail us on [email protected] to request a Cancellation of Registration Form.

Registration & Enquiries

Mahlatse Masemole: T +27 11 717 8438
Zandile Mthembu: T +27 11 717 8435
E [email protected]