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Management Concepts

Construction Claims

Aug 12—14
3 days
Montgomery, Alabama, United States
USD 889
USD 296 per day
Sep 16—18
3 days
Montgomery, Alabama, United States
USD 889
USD 296 per day
Oct 7—9
3 days
Montgomery, Alabama, United States
USD 889
USD 296 per day
+11 more options

How it works

Disclaimer

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Description

The high potential for numerous issues to arise during construction contracts means it is vital to be able to address and mitigate those issues in their most common form: claims. You will gain a comprehensive understanding of recognizing a potential claim, pricing considerations, terminations, and the role of the Civilian Board of Contract Appeals and the courts.

Learning Objectives

  • Describe the claims process
  • Recognize a potential claim
  • Provide options for resolving disputes

Course Topics

Fundamental Issues and the Claims Process

  • Claims Definition
  • Sovereign Immunity
  • Evolution of the Jurisdictional Authority of Courts
  • Other Complaint Forums
  • The Contract Disputes Statute
  • Exercise: Explosion-Proof Doors
  • Exercise: Allowable Indirect Costs
  • Exercise: Unsatisfactory Performance Rating
  • Exercise: Wages under Wage Rate Requirements (Construction) Statute
  • Exercise: Fraudulent Progress Payments
  • Exercise: Election Doctrine Case Study
  • Exercise: Settlements by Determination Case Study
  • Exercise: Proper Acceptance of Work? A Case Study

Changes in the Work/Contract Modifications

  • Changes
  • Supplemental Agreements
  • Impossibility or Impracticability of Performance
  • Constructive Changes
  • Exercise: Should the Contract Be Modified?
  • Exercise: Painting Requirements
  • Exercise: Noncompliant Water Stop
  • Exercise: Acceptable Ponding
  • Exercise: Brick Culling Case Study
  • Exercise: Rock Removal Case Study
  • Exercise: PIB Roof Case Study

Principles of Equitable Adjustments

  • Sample Claim Format
  • Remedies and Scope of Relief for the Equitable Adjustment Claim
  • Allowability
  • Equitable Adjustments
  • Exercise: Mean Guide
  • Exercise: Outside Utilities Work Case Study
  • Exercise: Horizontal vs. Vertical Construction Case Study

Claims under Other than the Changes Clause

  • Differing Site Conditions
  • Suspension of Work
  • Time-Related Claims
  • Exercise: Delays
  • Exercise: Location of Water Pipe
  • Exercise: Ditch Cassidy & Sons
  • Exercise: Which Revision of the Drawings?
  • Exercise: Underground Gas Mains
  • Exercise: Debris Removal Case Study
  • Exercise: Differing Site Conditions Case Study
  • Exercise: Building Delays Case Study
  • Exercise: Early Turnover Area Case Study

Delays

  • Analyze Delays
  • Effects of Delays on Time
  • Effect of Delays
  • Process Delay Claims
  • Exercise: Case Study: Default Termination for Delays

Cost Elements of a Claim

  • The Different Cost Elements
  • Unabsorbed Overhead
  • Exercise: Equipment Costs
  • Exercise: Fross Electric Labor Costs
  • Exercise: Cutsforth Concrete Labor Costs
  • Exercise: Overhead Costs
  • Exercise: Eichleay Formula
  • Exercise: Phased Design and Construction Case Study
  • Exercise: Contract Extension Case Study
  • Exercise: Did the Delay Cause the Contractor to Standby? A Case Study

Resolution of the Claim

  • Accord and Satisfaction (Settlement)
  • Proceedings Before a Board of Contract Appeals
  • Proceedings Before the U.S. Court of Federal Claims
  • Equal Access to Justice Act
  • Exercise: Burial Area Development Case Study

Who should attend

This course is designed for personnel who administer construction contracts.

Next dates

Aug 12—14
3 days
Montgomery, Alabama, United States
USD 889
USD 296 per day
Sep 16—18
3 days
Montgomery, Alabama, United States
USD 889
USD 296 per day
Oct 7—9
3 days
Montgomery, Alabama, United States
USD 889
USD 296 per day
+11 more options

How it works

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