Consulting contracts are different to other forms of contract, often being sparse on the critical details, such as defective performance, delivery time frames, reliance on other information, indemnity limits, and exclusions. Parties to such contracts must understand how to suitably allocate risk through the use of such clauses.
In this course, you will develop a practical understanding of key risk terms and obligations, and how you might be able to negotiate terms.
Typically, contract courses in Australia will consider standard form lump sum build contracts, without necessarily drilling down into the frequently used consulting agreement.
This highly interactive course is the first of its kind as a dedicated “consultancy agreement” course, and provides you a rare opportunity to interact one-on-one with an expert facilitator who is also practising daily in the field of consultancy agreements.
You will also be introduced to the more “subjective” legal way of thinking, which is an entirely different process to how you would normally approach problems as an engineer.
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*1% credit card surcharge applies.
Any questions?
Contact us
19 June
9 October
This online course will run on the following dates:
20 February 2025, 9am – 1pm AEDT
19 June 2025, 1pm – 5pm AEST
9 October 2025, 1pm – 5pm AEST
RSVP
Registrations close three business days before the start of each session.
We can customise this course for groups of six or more.
You choose the time, place, duration and format.
Find out how we can help you and your team by clicking on the button below to request a quote or calling us directly on +61 3 9321 1700.
Learning outcomes
- Improve your understanding of consultancy contracts
- Understand risk management, the allocation of risk and risk mitigation in consulting agreements
- Choose, review and potentially negotiate key terms
- Confidently communicate and articulate your preferred contractual terms
Is this course for you?
All consulting engineers, directors, and project managers will benefit from this course.
While there are no prerequisites for this course, a basic understanding of contracts may be helpful. It is recommended to complete the Contract Foundations course prior to enrolling in this course.
Topics we’ll cover
- Negotiating and setting up contract terms
- Managing risk for consulting engineers
- The inherent contradiction in consulting contracts (and defining scope with inclusions/exclusions)
- Current case law in the consultancy engineering space
Standard Industry contracts and their merits/shortfalls:
- AS4122
- Consult Australia
- “My own contract” – when should we do that?
Key risk clauses for CE’s and how to manage:
- Exclusion clauses
- Limits of liability
- Carve outs
- Insurance
- Design Life and Reliance clauses
- Proportionate liability
- Set off
- Liquidated damages
At the end of this course, I now know exactly what to look out for in a contract before signing it.
Being able to bring our specific issues up with the facilitator was most beneficial.
Covered a lot of the main basis items to consider with consultancy agreements.
Sean McCarthy is a full-time construction and contracts lawyer who has been designing and delivering courses for EEA since 2013. Having worked in building and project management prior to law, his law career has seen him working with the Government and the private sector, mostly advising on front-end contract advice. Sean is an in-house lawyer three days per week with a worldwide engineering consultancy and otherwise is Director of Legaleze, a law firm specialising in legal advice and training to the engineering sector. As an active educator, he brings an enthusiastic and participative approach to his teaching.
Delivery platform - Zoom
These sessions run through Zoom. On the day of the short course, you will receive the unique Zoom link at least one hour before the webinar is scheduled to begin.
We suggest that you download the Zoom Desktop Client to ensure you can fully participate in the webinar. If you view the webinar through the Zoom web browser or via a phone or tablet device you may not be able to participate in the interactive elements such as answering polling questions.
Please read through the following information on Zoom to ensure you are prepared for the webinar:
