Course Description
In this 5-day course you will analyze the issues when a dispute arises during construction and examine its time and cost impacts on a project, thus preventing the dispute from becoming a claim. You will also learn how to deal with contract claims, how to prepare and negotiate a settlement, and produce a counterclaim if needed. As well, the course will help you resolve claims in a more effective manner, thus avoiding lengthy and expensive litigation. A variety of case studies will be presented.
What Do Participants Learn?
- Analyze dispute and claim causes and their impact on time and cost, and to assess the parties’ entitlements.
- Learn how to negotiate settlements, mediate disputes, and address claims due to various issues.
- Be provided with practical advice on how to assess claims’ validity and impact, and those related to project scheduling, counterclaim against the contractor, and resolve claims more effectively.
Who Should Attend?
This course is intended for all Contract Managers, Project Managers, Civil Engineers, Construction Managers, Contractors, Sub-contractors, Site Engineers, Senior Management, Owners and Government Agencies, Architects, and Construction Professionals
What Will the Learning Experience Include?
Phase: 1
Introduce
- Comprehensive pre-program activities include:
- Web-based information forms & surveys completed by attendee.
- Direct consultation with the attendee about the expectations.
- During the training, participants engage in data, activities, and conversations that lead to insight and knowledge.
- Participants learn from expert trainers who have both academic and business experiences.
- Highly applicable training content & instructive activities for adding depth to training topics.
- **A half-day site visit for integrating the experience & plan next steps. Opportunities to provide connections, ideas & support.
Phase: 2
Explore & Practice
Phase: 3
Apply
- Apply & sustain the learning experience by using this ongoing support:
- To ensure participant has new skills or behavior progress.
- Optional, fee-based mentoring & coaching with the trainer.
- Training materials & additional documents (e-books, pdf files, presentations and articles)
- Evaluate your training experience by giving us feedbacks and help us to reach our organizational goals.
- Participant's Evaluation
- Trainer's Evaluation
Phase: 4
EVALUATE
Section One:
- Introduction
- Dispute Causes and Their Impact
- Suspension of the Work
- Re-sequencing of the Work
- Variation Orders
- Variations in Estimated Quantities
- Differing Site Conditions
- Defective Specifications and Drawings
- Acceleration of the Work
- Force Majeure
- Termination for Convenience
- Termination for Default and Reprocurement
- Cost Estimation for Variations
- Contract Stipulations to Calculate Cost of Variations
Section Two:
- Claims for Unforeseen Conditions at the Start of the Job
- Contractor’s Obligation to Investigate the Site
- Employer’s Obligation to Give Information About the Site
- Unforeseen Behavior or Conditions
- Engineer’s Role in Mitigating Such Claims
- Claims for Variations
- Variation Order Cost Estimates
- Job Factors Affecting
- Productivity
- Overhead and Profit
- Reservation of Indirect Costs
- Forms for Pricing Changes
Section Three:
- Scheduling Provisions
- Emphasis on Network Analysis Techniques
- Techniques for Delay with Construction Project management (CPM)
- Concurrent Delays
- Evaluation of Claims Related to Project Scheduling
- Acceleration/Job Compression
- Checklist for Use of CPM in Litigation
- Claims for Delay
- Claims for Disruption
- The Relationship Between Loss and Expense and Extensions of Time
- Damages for Delay
Section Four:
- Substantial Completion and Contract Close-Out
- Contract Requirements
- Commissioning and Handing Over
- Substantial Completion
- Preparation of Punch List
- Starting of Systems
- Case Study
Section Five:
- Counterclaims Against the Contractor
- Set-Off Claims by the Employer
- Liquidated Damage Claims by the Employer
- Claims by the Employer Arising from Defective Materials and Workmanship