International Contract Administration Engineer: Content

The English speaking graduate certificate course qualifies you by means of three modules of five credit points each, to successfully manage international construction projects and administer related contracts. Content includes Procurement, Drafting Contracts, Contract Administration and Dispute Resolution - in line with and based on international business practice including FIDIC standards, Unidroit Principles and FIDIC Dispute Board provisions, ICC and UNCITRAL Arbitration and Dispute Board Rules.

Due to the unique course structure based on two intensive attendance weeks and complementary online courses, the course modules should not be booked individually.

The modules

  • Law in an Engineering and Construction context
  • Project & Contract Management
  • Negotiation, Dispute Avoidance & Dispute Resolution

The modules

Law in an Engineering and Construction context

Law in an Engineering and Construction context: Legal Basics of International Construction Business, Conflict of laws, Basic Contract Law (Common Law & Civil Law), Procurement, Procurement Routes and Risk Allocation, including the introduction into the range of the current major FIDIC forms of Contract

Aim

Students shall learn how to act and interact in an international construction environment. Awareness of cultural and legal differences and compliance with the laws shall be attained. Students shall acquaint themselves with the principles on conflict of laws and growing lex mercatoria enabling them to determine the applicable or governing law and to ascertain the content of the applicable law(s). Basic principles of civil and common law and the law of contracts shall be learnt including Unidroit Principles on Commercial Contracts. The focus is on the law of construction and consulting contracts and the allocation of duties including those which are related to typical construction risks. The final aim is that the students shall acquire the ability to apply the learnt principles in an international business context enabling them to draft construction and consulting contracts in an international context and to negotiate and procure such contracts.

Literature

  • Lukas Klee, International Construction Contract Law
  • Jaeger/Hök, FIDIC for practitioners, Heidelberg, 2010
  • Donald Charrett, The Application of Contracts in Engineering and Construction Projects, 2018

Teachers

  • Siobhan Fahey, Ireland
  • Dr. Götz-Sebastian Hök, Germany
  • Dr. Henry Stieglmeier, Germany

Project & Contract Management

Project & Contract Management: Project Development & Procurement Strategies, Basics of Construction Management, Best Practice, Recognized Practice in international business based on FIDIC forms of contract as terms of reference

Aim

Students shall be enabled and qualified to develop infrastructure and/or construction projects by using international business practices of various professional disciplines, including legal, business administration, engineering and psychological skills. The module shall provide students with relevant knowledge about project development in order to determine the appropriate procurement strategy based on international standard forms of contract and about the management and administration of construction contracts.

Accordingly, during this module students shall learn general principles of procurement and related law, involving risk analysis and assessment and general knowledge on risk management requirements. The variety of procurement strategies shall be explained and discussed. Students should learn to use pain and gain elements as well as incentives and sanctions.

Complementary Contract management and administration skills shall be developed. The course programme shall therefore include lessons on identifying risks, evaluating and pricing risks, on cash flow management and programming as the three corner elements. The ability to use supporting and complementary legal tools shall be developed.

The final aim is that the students shall acquire the ability to apply the learnt principles in an international business context enabling them to use FIDIC forms of contract in accordance with general principles of procurement and contract law as either contractors, employers or consulting engineers.

Literature

  • Jaeger/Hök, FIDIC for practitioners, Heidelberg, 2010

Teachers

  • Dr. Götz-Sebastian Hök, Germany
  • Zoltan Zahonyi, Ungary
  • Maximilian Goebel, Germany

Negotiation, Dispute Avoidance & Dispute Resolution

Negotiation, Dispute Avoidance & Dispute Resolution in International Construction Business based on FIDIC forms of contract

Aim

Students shall learn how to avoid and resolve disputes which may arise out of or in connection with projects where the stakeholders use international standard forms of contract like FIDIC forms of contract. Students shall acquaint themselves with dispute avoidance and resolution techniques, related legal framework like arbitration laws, Uncitral model laws and international conventions. It is intended to show how cultural and legal differences, procurement and contract administration activities, etc. influence and impact the genesis of disputes and the resolution of disputes. Students shall attain the ability to manage dispute avoidance and dispute resolution activities based on legal, psychological or other relevant skills in an economical manner taking in account business relationship values, cultural. They should learn principles of litigation strategies and litigations risks.

The module includes sessions on mediation and other ADR methods, FIDIC Dispute adjudication and similar, ICC Arbitration and similar and the conduct of negotiations and hearings.

The final aim is that the students shall acquire the ability to apply the learnt principles in an international business context enabling them to defend parties´ interest efficiently by using the appropriate tools and features properly.

Literature

  • Jaeger/Hök, FIDIC for practitioners, Heidelberg, 2010
  • Chern on Dispute Boards, 2008

Teachers

  • Siobhan Fahey, Ireland
  • Dr. Götz-Sebastian Hök, Germany
  • Prof. Dr. Carolin Schuster, Germany
  • Husni Madi, Jordan

Contact & Advising

Leon Lubomirsky
Wilschenbrucher Weg 84, W.401
21335 Lüneburg
Fon +49.4131.677-7947
leon.lubomirsky@leuphana.de