Arcadis Global Construction Dispute Report has been consistently showing contract administration as being the No. 1 cause for construction disputes across the world. While in 2019, the No 1 cause was Failure to properly administer the contract, in 2020 the No1 cause is the owner/contractor/subcontractor failing to understand and/or comply with contractual obligations. As compared to the global average value of construction disputes of USD 33 mn (less China), NHAI alone faces disputes to the tune of USD 10 bn. There is a dire need in India and abroad of good contract management specialists who can effectively draft, understand, manage contracts, and prevent/ handle disputes. Commercial managers, General managers, and Project Heads of construction companies also need to have a thorough understanding of contracts to be able to complete projects within the stipulated time and costs with the least quantum of disputes.
Effective contract and dispute management in construction contracts have become crucial to improve India’s ranking in the ‘Ease of doing business’ index.
Most learning courses in India conduct contract management in construction projects as a small part of Quantity Surveying or have short capsule courses of 2-3 days. RICS Emerging Leaders Programme is the first of its kind one-year-long detailed programme focussing only on construction contracts and construction dispute management. The programme will provide a pathway to project managers, Commercial managers, and Quantity Surveyors to progress to the level of GM Contracts. In addition, by imparting a thorough knowledge of construction contracts, the Programme will provide a substantial base to participants to become Dispute Resolution Experts/Arbitrators in their later years.
Journey of a GM Contracts illustrated
GM Contracts of a construction firm is responsible for formulating and managing all aspects of the construction contract. His/her role includes:
• Inviting and processing tenders
• Preparing contract clauses for execution
• Administering change control procedures
• Apprising senior management and stakeholders about all aspects of the contract
• Carrying out risk assessment
• Handling contractual entitlements for delays, disruption and variations
• Preventing and managing contractual disputes
GM contracts are required to have comprehensive knowledge of costs, various types of contracts, legal issues, and stakeholder management. GM contract is a natural progression for a Quantity Surveyor/project manager/ Cost manager/commercial manager. In Govt Depts, Quantity Surveyor (called Surveyor of Works) and Executive Engineer responsible for projects and maintenance, on promotion, assume the appointment of Director Contracts. Now because of the RICS Emerging Leaders Programme in Construction Contract and Dispute Management, there is one more career option available to them that will help them become a specialist in a widely regarded as a prestigious profession.
Career Progression at a glance
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