Claims Analysis and Dispute Resolution Advanced

Claims Analysis and Dispute Resolution Advanced

OBJECTIVES

• Establish rights and obligations under the applicable laws and assess damages and the principle of compensation due to damages under such laws
• Analyze dispute and claim causes and their impact on time and cost
• Assess parties’ entitlements
• 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
• Prepare effectively for negotiation
• Uncover your interests and those of the other side
• Enhance your own negotiating position while building a strong business relationship
• Structure a mediation process
• Use the core skills of a mediator to help parties reach agreement
• Respond when the parties are not willing to move to agreement
• Address power imbalances
• Proceed with arbitration as a dispute resolution mechanism
• Manage litigation and the role of an expert witness.

WHO SHOULD ATTEND?

This workshop will benefit Contractors, Sub-Contractors, Architects, Quantity Surveyors, Civil Engineers, Financiers, Lawyers, Legal Advisors, Project Managers, Design Consultants, Loss Adjusters, Registered Arbitrators and Insurance Consultants, Senior Management, Project Management, Construction Managers, Site Engineers, Project Control Engineers, Contract Engineers, Planning and Cost Control Engineers.

COURSE OUTLINE

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 Behaviors or Conditions

Claims for Variations

• Variation Order Cost Estimates
• Job Factors Affecting Productivity
• Overhead and Profit
• Reservation of Indirect Costs
• Forms for Pricing Changes
• Contract Stipulations to Calculate Cost of Variations

Evaluation of Claims Related to Project Scheduling

• Techniques for Proving Delay with CPM
• Concurrent Delays
• Acceleration/Job Compression
• Checklist for Use of CPM in Litigation
• Claims for Delay

Cost Estimation for Delays

• Scheduling Provisions
• Emphasis on Network Analysis Techniques
• Job Acceleration/Compression
• Claims for Disruption
• The Relationship Between Loss and Expense and Extensions of Time

Damages for Delay in Construction Projects

• Whether to Liquidate or Leave Damages Unliquidated
• The Assessment and Proof of Damages for Delay
• The Relative Merits of Liquidated vs. Unliquidated Damages
• How to Liquidate the Right Sum

Counterclaims against the Contractor

• Set-Off Claims by the Employer
• Liquidated Damage Claims by the Employer
• Claims by the Employer Arising from Defective Materials and Workmanship
• Claims by Sub-Contractors for Money Arising from Delay and Disruption Caused by the Contractor under the Contract

Building Collaboration

• Impact of Litigation on the Development of Disputes
• Options for Resolving Disputes

Key Elements of a Negotiation

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

Mediation

• Knowledge, Skills and Attitudes Needed by Mediators
• Mediation Process Overview
• The Five Tasks in Mediation
• Caucusing
• Anticipating and Resolving Impasses Arbitration
• Features
• Institutional and Ad Hoc
• Domestic and International
• Law of Arbitration and Rules of Arbitration
• Various Stages in Arbitration Litigation
• Applicable Laws
• Legal Requirements and Procedures
• Expert Witnesses