Contracts - an Introduction for Engineers
This practical, hands-on, interactive workshop explores contract law and how it impacts on the work of engineering professionals. Case studies and everyday examples are referred to throughout the day. Recent case law, legislation and the role of standard contracts such as NZS 3910 will be discussed.
Description
The engineering environment is becoming increasingly contract minded. Much of the work done by engineers involves managing, reading and even drafting contracts. Yet few engineers have formal education on contract law, or keep up to date with developments in the law. In this one-day workshop we introduce the principles that regulate contractual relationships, with a particular focus on construction and engineering contracts.
Learning outcomes
Participants in this course should gain an understanding of:
- How contracts are entered into including tendering and letters of intent.
- The requirements for a valid contract including:
- Entering into a contract on behalf of a company.
- Building Act requirements for written contracts.
- Misrepresentation and consumer protection legislation.
- Remedies when things go wrong including:
- Liquidated damages.
- Enforcement mechanisms like the charging order.
- The relevance of negligence.
- Some tricky clauses including:
- Restraint of trade clauses
- Limitation of liability clauses
- Clauses giving rise to time/money under the contract
Presenter information
Gigi Fenster
Dr Gigi Fenster studied law and was admitted as a barrister in South Africa. In South Africa, she was a founder member of the Construction Industry Development Board, a lecturer on the Association of Arbitrator’s Construction Law course, and a provider of training to the construction industry. For the past fourteen years she has lived in New Zealand, and has worked in government and in the polytechnic sector teaching law. Gigi has taught law for more than twenty years and has written training courses, manuals and seminar notes for the construction and other industries. She provides ongoing consulting services to private firms and government. Gigi has a particular interest in international engineering contracts and the FIDIC contracts in particular. She has provided training on FIDIC in various countries in Africa, Asia and the Pacific.