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ICTD International Centre for Training and Development

Resolving Claims in Construction Projects in Different Industries

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About the course

Claims on construction projects due to changes and delays create a constant problem for clients, Contractor’s and Subcontractor’s making in failing to grasp the basic principles relating to claims and applying them properly. This course adopts a practical approach which can easily understood and used on a day to day basis.

In addition new techniques will be explained to recover millions of dollars through using these simple techniques. The goal of this course is to provide you with relevant legal and practical framework applicable to construction claims and their resolution.

Course Objectives

By the end of the course, participants will be able to:

  • Provide an understanding of how and why claims and counter claims arise.
  • Manage contracts from pre-contract, during the performance of the contract and through to the post-contract stage in accordance with best practices & legal knowledge.
  • How to develop contracts procedures.
  • Explain how to use contract provisions to reduce the risk of claims and disputes.
  • Ability to identify and migitate risk factors.

Course Outline

HOW CLAIMS AND COUNTER CLAIMS ARISE

  • Causes of typical claims
  • Counter claims - how they differ from claims
  • Overview of main contractual provisions relevant to claims.

TYPES OF CLAIMS AND COUNTER CLAIMS

  • Types of claims, in construction and other areas - and their distinctive features
  • Acceleration claims Employer's claims
  • Variations / change orders
  • Claims categories

PRESENTING AND EVALUATING CLAIMS AND COUNTER CLAIMS

  • Requirements for claim presentation
  • Defining features of claims evaluation and management
  • Claims arising from documentation: Letters of intent …etc.
  • Claims concerning time

STANDARD & AD-HOC FORMS OF CONTRACT

  • Key contract terms and conditions.
  • Common law and civil law jurisdictions.
  • Elements of a valid contract.
  • Contracting strategy development.
  • Administrative Contracts

CLAIMS RELATED TO FIDIC NEW RED BOOK

  • Claims: (Introduction, definition & types)
  • Causes
  • Notification
  • Presentation

DISPUTE RESOLUTION

  • What is dispute - arbitration?
  • Introduction to dispute resolution methods and techniques
  • Interest- based-negotiations
  • Conflict and its resolution
  • Differences between alternative dispute resolution methods
  • Avoidance is better than resolution
  • Practical application of techniques
  • FIDIC conditions for dispute resolution

CASES & WORKSHOPS

Course Methodology

A variety of methodologies will be used during the course that includes:

  • (30%) Based on Case Studies
  • (30%) Techniques
  • (30%) Role Play
  • (10%) Concepts
  • Pre-test and Post-test
  • Variety of Learning Methods
  • Lectures
  • Case Studies and Self Questionaires
  • Group Work
  • Discussion
  • Presentation

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