Claims And Counterclaims Preparation, Analysis, Assessment And Successful Settlement Of Disputes

Course details

In this 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.

Objectives:

The aim of this course is to teach the participant how to analyze dispute and claim causes and their impact on time and cost, and to assess the parties’ entitlements. Participants will also learn how to negotiate settlements, mediate disputes, and address claims due to various issues. In addition, the course will provide expert, 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 will be of benefit to contract managers, project managers, civil engineers, construction managers, contractors, sub-contractors, site engineers, senior management,

owners and government agencies, architects, and construction professionals.

Daily Outlines:

DAY 1:

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 Re-procurement; Cost Estimation for Variations – Contract Stipulations to Calculate Cost of Variations, Case Study.

DAY 2:

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, Case Study.

DAY 3:

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, Case Study.

DAY 4:

Substantial Completion and Contract Close-Out – Contract Requirements, Commissioning and Handing-Over, Substantial Completion, Preparation of Punch List, Starting of Systems, Case Study.

DAY 5:

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, Claims by Sub-Contractors for Money Arising from Delay and Disruption caused by the Contractor Under the Contract; Claim Resolution – Negotiation and Mediation to Settle Claims by the Parties, Arbitration of Claims, Litigation, Case Study, Conclusion.