Construction Contract Management & Dispute Resolution Certificate Program

Course details

This highly interactive course focus will be on the project manager and project environment to understand the causes of disputes and how to manage them through the use of negotiation and mediation. We examine the building blocks that create disputes and those that assist in or detract from their resolution. Disputes are studied and models for addressing them are considered, and time is given to understand conflict modes. You will also build your negotiation and mediation skills through role plays and exercises.

This course will help you fully realize the risks of disputes associated with a project during its different phases, and define & fully understand the parties’ obligations to mitigate such risks. You learn how to design the contract to avoid the negative outcomes of such disputes, how to select procurement strategies and procedures, and how to select the best contractor for the project. As well, you will cover the subjects vital to training good contract administrators to manage time, cost, documentation, and disputes during this phase.

Objectives:

The aim of this course is to examine and understand the causes of construction disputes and to strengthen the participant’s negotiation and mediation skills, and then move beyond skills to a strategic awareness of the choices negotiators and mediators make in facilitating dispute resolution. The elements of interest-based negotiation and mediation are examined in detail, with emphasis on maintaining relationships. This interest-based approach believes that every successful negotiation involves the creation and claiming of value.

Who should attend:

This course will be of benefit to Project Managers, Contract Managers, Civil Engineers, Construction Managers, Contractors, Sub-contractors, Site Engineers, Project Control Engineers, Senior Management, Architects, Lawyers, Legal Advisors, Loss Adjusters, Registered Arbitrators and Insurance Consultants, and Design Consultants.

Daily Outlines:

DAY 1:

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 and Emotions in Conflict
• Group Disputes
• Conflict Norms and Group Behaviour
• The Five Conflict-Handling Modes or Styles
• Competing (Directing)
• Collaborating (Cooperating)
• Compromising
• Accommodating (Harmonizing)
• Avoiding
• 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
• Four Essential Rules of Negotiation
• Working with BATNA’s (Best Alternative To a Negotiated Agreement)
• 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
• Structuring a Mediation
• Mediation Process Overview
• Role Play.

DAY 5:

The Five Tasks in Mediation

• Building the Process
• Pre-Mediation Steps and Initial Process of the Mediation Meeting
• Sharing Perspectives
• Finding Out What Happened
• Developing Clarity
• Where are We
• and What It Means
• Developing Options
• What is Important
• Making Decisions
• What Do You Want To Do.
• Caucusing
• Anticipating and Resolving Impasses and Power Imbalances
• Mediator Ethics
• Role Play
• Conclusion.

Day 6 & 7 is weekend

DAY 8:

• General Introduction to Contracting
• The Life Cycle of Projects
• Reasons for Construction Disputes:
• Consultants
• Clients
• Contractors
• Sub-Contractors
• Contractual Relationships
• The Parities’ 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 9:

• 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 10:

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

DAY 11:

• 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 12:

• 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.