Course Description
Preparation of an effective claim, particularly developing the strategic approach is necessary to prepare a robust and convincing claim with the aim of encouraging the recipient to recognise its cost and to support amicable negotiations. The manner in which a claim is presented can maximize the potential for recovering potential losses. Claims preparation will be phased in four categories such as research, analysis, evaluation and effective writing. The training covers all main forms of contract including FIDIC, NEC, JCT in accordance with the participants’ geographical locations and the uses of the publications.
What Do Participants Learn?
- Manage Project Documentation
- Implement Procedures for Record Keeping
- Provide Contractual Advice
- Evaluate Change Orders
- Prepare Effective Claims
- Determine Liability and Quantify Damages
- Delay Analysis Techniques
- Assessing the Merits and Defending Claims
- Dispute Resolution Methods
- Avoid Disputes or Find Resolutions
Who Should Attend?
- Quantity Surveyors
- Civil Engineers
- Project Managers
- Site Managers
- Commercial Managers
- Contract Engineers I Administrators
- Planners
- Project Engineers
- Control Engineers
- Construction Lawyers
- Related 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: Fundamentals of Contracts and Claims
- Introduction
- Law of the Contract
- Introduction to Claims
- Claims Under the Contract
- Standard Forms and Applications
- Payment Methods
- Change Orders
- Group Exercises
- Projects and Problems
Section Two: Understanding the Contract
- Overview of the tendering and contract award process
- Understanding contracts: a refresher on legal requirements for a contract
- Formal and Informal Contractual documents, including
- Standard terms and conditions
- Letters of intent
- Letters of comfort
- The specification and scope of work: linkage to price and payment
- Recognising where the contract risks lie
- Tools and techniques to manage contract risks
Section Three: Model Contracts and Terms
- Selecting the right model for the contract
- Standard form Contracts: ICC, FIDIC, NEC, and others
- Force Majeure clauses
- Indemnities and Insurance clauses
- Warranty clauses
- Bonds and Guarantees
- Contract variation clauses
- Section Three: Dynamics of Claims
- Claims Relating to Time
- Claims relating to Money
- Group Exercises
- Common Heads of Loss
- Acceleration
- Mitigation
- Procedures/Processes of Claims
- Steps in accordance with FIDIC
Section Four: Executing and Processing Claims
- Preparing Successful Claims
- Research and Investigating Project Documentation
- Delay Analysis Using Planning Techniques
- The Programme in a Claim Situation
- Selecting a Delay Analysis Method
- Exercises
- EOT Assessment and Analysis Techniques
- Extension of Time Submissions
Section Five: Negotiation and Resolution
- Alternative Dispute Resolution
- Negotiation
- Dispute Adjudication Boards (DAB)
- Mediation
- Exercise
- Arbitration
- Arbitration Procedure
- Law Analysis