Basic of Claims and counter claims preparation, analysis, assessment and counter claims preparation, analysis, assessment and successful settlements

 

Introduction

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. It is very important that a more cost effective

Procedure be put in place to resolve such disputes amicably by the parties before project close-out. You will also learn how to deal with contract claims since most projects are modified and changes are 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. This course is designed to provide expert, practical information and advice for the parties to analyse and understand the issues that arise when a claim is made, how to prepare and negotiate a settlement, and produce a counterclaim if needed. The course will help you to resolve such claims in a more effective manner and avoid lengthy and expensive litigation.

To have the capability of:

Analyze dispute causes and their impact on time and cost

Mediate disputes

Address claims for unforeseen conditions at the start of the job

Evaluate claims related to project scheduling and assess claims for variations

Counterclaim against the contractor

Resolve claims

Objective

The aim of this training course is to prepare you to analyze dispute causes and their impact on the time and cost of a project, and to effectively assess the parties’ entitlements in order to negotiate an amicable settlement.

The objective of delay analysis is to calculate the project delay and work backwards to try to

Identify how much of it is attributable to each party (contractor, owner, or neither) so that time and/or

Cost compensation can be decided. Questions that need to be answered here often include

Buildings

- What was supposed to happen?

- What did actually happen?

- What were the variances?

- How did they affect the project schedule?

- Understand implied terms

- Understand Subcontracts & works contracts

 

Training Methodology

The Course will be highly participative and will include a wide range of methods including presentations, discussions, videos, case studies and exercises. Where appropriate, these will include real issues brought to the Course by delegates.

This interactive training course includes the following training methodologies as a percentage of the total tuition hours:

·      30% Lectures, Concepts, Role Play

·      30% Workshops & Work Presentations, Techniques

·      20% Based on Case Studies & Practical Exercises

·      20% Videos, Software & General Discussions

·      Pre and Post Test

 

Who Should Attend This Course?

This course is essential for all construction professionals who are interested in learning how to prepare quantum calculations for EOT claims; in other words, a detailed assessment of prolongation costs and associated claim headings.

 

Quantity Surveyors

Commercial Managers

Construction Lawyers

Engineers Interested in Switching Careers

Project Managers

Planning Engineers

Consultants

Outline

Day 1

Introduction to Claims

EOT Claims, Types of Delay

•EOT Claim - Template Document

•EOT Claim Template - An Explanation

•Nature and Causes of the Extension of Time Claim

•Extension of Time Claim

•Disputes Associated with EoT Claims

Day 2

Discussion of Identified Disputed Issues

•Damages for Delay in Construction Projects

•Eligibility of Time Extension Claim

•Failure by the Contractor to Comply with Contractual Requirement for EoT Application

•Factors contributing to delay analysis

•Delay analysing period

•Major Causes for EOT

•Problems when analysing EOT

 

Day 3

Contentious Issues in Delay Analysis resulting in Disputes

Which is the best Method of Delay Analysis?

•As-Planned Vs. As-Built Comparison

•Impacted As-Planned

•Time Slice / Sub-Networks / Time-Impact

•Existing Delay Analysis Techniques

•“Window” Analysis

•Time Impact Analysis

 

Day 4

Delay and Disruption Protocol (SCL Protocol)

 

•Identify the events that gave rise to the extension of time –

•Identify the point in time that the delay occurred –

•Identify the direct costs that follow from the compensable delay events

•Exclude task related costs

•Exclude profit

•avoid formulae for determining overheads (e.g. Hudson’s, Emden’s etc.)

•Finance Charges

 

Day 5

Construction Law

Applicable Laws and Laws of the Contract

·      Rights and Obligations of the Parties

·      Damages and Compensations

·      Dispute and Claim Causes and Their Impact

·      Suspension of Work

·      Re-sequencing of Work

·      Variation Orders

·      Variations in Estimated Quantities

·      Differing Site Conditions

 

 

Schedule

 

·       08:30 – 10:15 First Session

·       10:15 – 10:30 Coffee Break

·       10:30 – 12:15 Second Session

·       12:15 – 12:30 Coffee Break

·       12:30 – 14:00 Third Session

·       14:00 – 15:00 Lunch

 

 

Fees

 The Fee for the seminar, including instruction materials, documentation, lunch, coffee/tea breaks & snack :