CONSTRUCTION AND ENGINEERING Postgraduate Certificate Course

R14 750 12 INCLUDING VAT WEEKS EVENING 2 AUGUST – LECTURES 8 NOVEMBER 17:30 – 19:00 CONSTRUCTION AND ENGINEERING LAW

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

By the end of this course the student should be able to: • Review the basic South African legal concepts governing construction and engineering contracts • Illustrate and explain the role, risks and responsibilities of the employer, contractor and administrator (the engineer, project manager, employer’s representative, Outcomes etc.) • Identify, compare and contrast the different editions of the standard form contracts • Recognize and analyse standard construction contracts • Demonstrate how to administer construction contracts in order to ensure project delivery on time, within budget.

The course consists of legal and technical concepts relating to in the • The third and fourth edition of the Term Service Contract, and the third edition context of general principles of contract: of the Adjudicator's Contract. • NEC4 Service Contract. Federation Internationale Des Ingenieurs – Conseils (FIDIC) contracts: • A comparison the third and fourth editions of the above contracts • The Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer: The Construction Contract (Red Book, 1999 and 2017 Joint Building Contracts Committee (JBCC) contracts : editions). • The Principal Building Agreement: Edition 6.1 March 2014 and the Principal • The Conditions of Contract for Plant and Design-Build for Electrical and Building Agreement: Edition 6.2 May 2018. Mechanical Plant and for Building and Engineering Works Designed by the • The Minor Works Agreement: Edition 5.1 March 2014 and the Minor Works Content Contractor: The Plant and Design-Build Contract (Yellow Book, 1999 and 2017 Agreement: Edition 5.2 May 2018 editions). • A comparison between 2014 and 2018 editions for the above contracts. • Conditions of Contract for EPC/Turnkey Projects: The EPC/Turnkey Contract Professional Consultancy Agreements : (Silver Book, 1999 and 2017 editions). • The FIDIC Client/Consultant Model Services Agreement 4th edition (2006) and • Comparison between the Red, Yellow and Silver, 1999 first editions and the 2017 5th edition (2017) (White Book) New Engineering Contract (NEC) contracts : • The NEC3 and NEC4 Professional Services Contracts • The third and fourth edition of the Engineering and Construction Contract • The PROCSA Client/Consultant Professional Services Agreements including options A to F pricing mechanisms. • A comparison of the different editions of the NEC and FIDIC professional consultancy agreements

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

One of the following certificates can be obtained: • Certificate of Attendance: To obtain a certificate of attendance, students are required to attend and participate in 75% of the lectures. Certificate Criteria • Certificate of Competence: To obtain a certificate of competence, students are required to attend and participate in 75% of the lectures and to complete the assessments as required in the course.

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 Accreditation 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 2 August to 8 November 2021.

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

Cost R14 750 including VAT

Covid-19 Courses will be delivered through online lecturing should lockdown prevent contact classes. Students are required to have basic computer skills and stable internet Arrangements connection. 2 Detail Information • A relevant Bachelor of 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 Entry • Professionals with relevant working experience in the construction and engineering space i.e. Engineers, Project Managers etc; Requirements You will be required to submit a copy of your Bachelors Degree, academic record as well as a copy of your identity document or passport. Kindly note that all foreign qualifications must be submitted with a SAQA Evaluation Letter. • 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 How to Apply 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. 1st Semester courses: 5 September 2020 to 29 January 2021 Application 2nd Semester courses: 1 April 2021 to 30 June 2021 Dates No late applications will be accepted • 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 Payment of of full tuition fees. 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. • 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 of • Cancellation by registrant after commencement of the semester/course will result in liability for the full amount and forfeiture of all fees paid. Courses • 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 Senteni Nsibande T +27 11 717 8435 and Enquiries E [email protected] w www.wits.ac.za/mandelainstitute/short-courses/

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