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Course: ACA Partnering Contracts – Project and Term Partnering Including Specialists

A one day course that reviews of the concept of partnering in the Construction Industry both generally and by reference to the two Main Contract forms produced by the ACA.

Guidance is provided on relevant issues including:

- Partnering as a concept an in law.

- The approach to partnering in the ACA Project PPC2000 (2003) and Term Partnering Contract (TPC 2005)

- Partnering Team, Client, Core Group, Partnering Advisor.

- Documents including the Partnering Agreement, terms Appendices and Partnering Documents.

- Comparison of the ACA Project and Term Partnering Contracts.

- Obligations and duties under the ACA forms

- Time and Risk Management.

- Payment, Incentives and KPIs.

Course Programme

ACA Partnering – Project and Term

Use of the forms and general principles – ACA 2000 (2003) and TPC 2005. 'Partnering' as a concept. Characteristics and main features of the forms. Implementation of partnering objectives. Content of the forms including Project and Term Partnering Agreements. Terms and Appendices. Non standard specific terms referenced in Partnering Terms. Partnering Team Members and Partnering Documents. Client Representative and Partnering Adviser. Core Group Members.

Execution of the Project: Obligations of the Parties – Project Partnering

Pre-conditions to start on Site. Communication and organisation. Health and Safety. Design and Intellectual Property. Supply - Chain and Volume Agreements. Specialists and Specialist Contract. Preferred. Project on Site. Quality and Environment. Insurance. Security. Partnering Team meetings and decisions. Records. Instructions. The Constructor and his obligations. The role of the Client.

Time and Risk Management – Project Partnering

Early warning. Partnering and Project timetable. Project on Site. Possession. Risk Management. Constructor Risk. Extensions of time. Notification. Completion. Duty of Care. Warranties. Key Performance Indicators.

Prices, Payment and Incentives – Project Partnering

Payment - amount and mechanism. Applications. Withholding/deductions. Interest. Financial records. Incentives. Change. Joint initiatives and strategic alliancing. Suspension. Final Account. Financial Risk. Delay/disruption.

Term Partnering – the Arrangement

Review the principles and legal relationship created by TPC 2005. The Term Brief. Term Proposals. Price Framework. Service Provider.

Term Partnering – Administration and risks

Term Programme. Task and Task Completion. Access and possession of sites. Contract Area. Defects Liability Period. Risk Register and Management. Task Price.

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