Live Webinar – April 3rd 2019 7:30 am – 8:30 am EDT
Live Webinar – April 3rd 2019 12:30 PM – 1:30 PM BT
Activity Type: Education – Course or Training  1 Hour  1 PDU
Provider: Association for Project Management – APM

The Carillion collapse in early 2018 seemingly took many by surprise as they were ‘too big to fail’.

In this webinar Sarah Schütte will look at the provisions that can go into a contract that offer some protection; both financially and in terms of being able to manage the situation, should a provider start to fall down the slippery and accelerating slope into insolvency.

By the end of the webinar you will know what each provision is, why it is useful, and when to use it. You will also appreciate some of the more common hazards.

This webinar will cover:

An Overview

How the contract can help the parties

Top ten contract provisions:

1. General supplier obligations to perform leading up to insolvency.
2. Payment mechanism:
   • Prompt payment terms,
   • Cashflow, retentions,
   • Advance payments,
   • Project Bank Accounts.
3. Benefits and Earned Value: records / measurement for works completed / in progress / not paying too much too soon.
4. Change control.
5. Client direct purchase of materials and implications.
6. Collateral warranties, priority and step-in rights.
7. Monitoring provisions and duty to notify.
8. Insolvency of nominated sub-contractors.
9. The site: physical control and insurance.
10. The impact of insolvency on liabilities and indemnities.

Hazards and pitfalls

• Termination provisions: why, how much and how, including different forms of insolvency and how to approach when in private or public sector.
• Title and ownership of materials: devices including IP, bonded goods and materials, escrow.
• Project security: PCG, PB, surety and due diligence.
• Risk flowdown: supply chain considerations.
• Ensuring the “balanced project basket”.

Final Q&A’s

Note: This is the second of three planned webinars on provider insolvency. The first one looked at selecting a solvent provider, while the last one will look at what to do when a provider starts to unravel on your project, using lessons learned from an experienced project manager.

Presenter: Sarah Schütte (LinkedIn profile) is a UK-qualified solicitor-advocate for Schutte Consulting Limited. With 16+ years’ experience, with a wide variety of industry clients to support their projects, disputes, corporate and project risk management and insurance strategies and training programmes, both in the UK and abroad. Sarah has developed a niche practice in planning, programing and project management (PPM and P3M), project controls and the law. She advocates confident and competent contract and commercial management, and focuses on putting law into practice so that project management practitioners develop essential knowledge and skills.

Click to register for:
Lessons From Carillion Collapse 2:
10 Ways To Protect Yourself Through The Contract

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