Conrad Grebel University College

Course details

WEEK 1

In these highly interactive workshops the focus will be on the project manager and the project environment to understand the causes of disputes and how to manage these disputes through the use of negotiation and mediation. We will consider the building blocks that create disputes and those that assist in or detract from their resolution. You will be invited to engage in reflection, conversation, and exercises as disputes are studied and models for addressing them are considered. Significant time will be given to skill building for effective speaking and effective listening, and understanding conflict modes. You will also build negotiation and mediation skills, and then move beyond skills to a strategic awareness of the choices negotiators and mediators make in facilitating dispute resolution. You will examine in detail the elements of interest-based negotiation and mediation, while maintaining relationships. The inter-university Program on Negotiation at Harvard Law School model will be the primary focus. This interest-based approach believes that every negotiation involves the creation and claiming of value and that every negotiation ought to focus on interests, not positions.

WEEK 2

These two workshops are designed to help you fully realize the risks of disputes associated with a project during its different phases, and to define and fully understand the parties’ obligations to mitigate such risks. You will learn how to design the contract with measures to avoid the negative outcomes of such disputes. You will also learn how to select procurement strategies and procedures, along with how to select the best contractor for the project. You will also systematically cover the subjects vital to training good contract and field administrators to manage time, cost, documentation, and disputes during this phase. A variety of case studies will be presented.

WEEK 3

In these two workshops you will analyse 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. The time and energy expended in addressing claims resulting from unresolved disputes, putting them forward and defending against them is out of all proportion to the cost/benefit expected. You will also learn how to deal with contract claims since most projects are modified and changes made within and outside the scope of work, in some instances delaying or accelerating the pace of work, which may result in a claim if the dispute is not settled. These workshops will provide expert, practical information and advice for the parties to analyze and understand the issues that arise when a claim is made, and also how to prepare and negotiate a settlement and produce a counterclaim if needed. They will help you to resolve such claims in a more effective manner and avoid lengthy and expensive litigation. A variety of case studies will be presented.

Objectives:

How to…

• Understand the life cycle of a dispute
• Explore the role of culture and emotions in the development and resolution of disputes
• Communicate successfully, listen and speak effectively
• Prepare effectively for negotiation
• Enhance your own negotiating position while building a strong business relationship
• Structure a mediation process
• Uncover your interests and those of the other side Develop interest-based, collaborative solutions while building trust
• Use the core skills of a mediator to help parties reach agreement
• Respond when the parties are not willing to move to agreement and when there are power imbalances
• Select the Most Appropriate Contract Strategy
• Design the Contract to Mitigate the Risk of Disputes
• Design a Dispute Resolution System
• Prepare Tendering Documents
• Analyze Bid and Award Contracts
• Select the Most Suitable Contractor
• Estimate Costs and Analyze Cash Flow
• Prepare Project Schedules and Resource Planning
• Review Contract Documents Before Construction
• Establish a Responsibility Matrix for this phase
• Control Project Documentation and Cost, Time and Quality
• Communicate Effectively during Contract Administration
• Prepare for Project Hand-Over
• Analyse Dispute Causes and Their Impact on Time and Cost
• Assess Parties’ Entitlements and Negotiate Settlements
• Mediate Disputes
• Address Claims for Unforeseen Conditions at the start of the job
• Assess Claims for Variations
• Evaluate Claims related to Project Scheduling
• Counterclaim Against the Contractor
• Resolve Claims

Daily Outlines:

WEEK 1

Day 1

• Introduction
• Distinguishing between conflicts and disputes
• Sources of Conflict: Making Sense of our Conflict Experiences
• The Evolution of Conflict: Its Growth, Climax and the Long Journey to Resolution
• Becoming Involved: Effective Listening and Speaking
• Models of Conflict Resolution
• Role Play

Day 2

• Personality Styles
• Responding to Emotions
• The Role of Culture in Conflict
• Group Disputes: Conflict Norms and Group Behaviour
• Conflict Modes and Styles
• Role Play

Day 3

• Defining and Understanding Interests
• Dealing with Rights and Power
• Moving from Positions to Interests
• Key Elements of a Negotiation
• Distributive vs. Integrative (Interest-Based) Negotiation
• Structuring a Negotiation
• Key Communication Skills
• Working with BATNA’s
• Dealing with Positional People and Dirty Tricks
• Role Play

Day 4

• Building Collaboration
• The Impact of Litigation on the Development of Disputes
• The Options for Resolving Disputes
• Knowledge, Skills and Attitudes Needed by Mediators
• Mediation Process Overview
• Role Play

Day 5

• The Five Tasks in Mediation
• Caucusing
• Anticipating and Resolving Impasses
• Mediator Ethics
• Role Play

WEEK 2

Day 1

• General Introduction to Contracting
• The Life Cycle of Projects
• Reasons for Construction Disputes: Consultants, Clients, Contractors,
• Sub-Contractors
• Contractual Relationships
• The Parties’ Obligations
• Selecting Contracting Strategies, Procurement Methods and the Impact on Disputes during the Project
• Standard Forms
• Stipulated Price Contracts
• Unit Price Contracts
• Cost Plus a Fee Contracts
• Design-Build Contracts
• Construction Management Contracts
• Case Study

Day 2

• Contractor Selection
• Selecting an Appropriate Form of Procurement to Minimize Disputes
• Designing a Dispute Resolution System
• Preparation of Construction Documents
• General Aspects of Tendering and Bidding
• Pre-Award Considerations
• Contractor’s Pre-qualification, Value Engineering, Constructability
• Review
• Tender Selection and Awarding
• Owner’s Responsibilities during Project Delivery
• Case Study

Day 3

• Cost Estimation Methods and Project Budgets
• Cash Flow Analysis
• Project Planning and Scheduling
• Resource Management
• Software Applications
• Case Study

Day 4

• Project Documentation and Control Systems
• Contract administration in the field – roles of the parties
• Pre-construction activities
• Keeping good records
• On-site coordination meetings and communication
• Measures to Minimize Disputes
• Claim protection and mitigation
• Case Study

Day 5

• Effective Cost and Time Control
• Payments and payment certificates
• Procedures for change request processing and cost control
• Monitoring job progress and scheduling requirements
• Earned value and project control
• Monthly status reports
• Legal concerns in construction field administration
• Case study
• Conclusion

WEEK 3

Day 1

Dispute Causes and Their Impact

• Suspension of Work
• Re-sequencing of 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 Behaviour 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 & 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