Certificate in Conflict and Dispute Management for Project Managers

Certificate of Participation provided by Conrad Grebel University College and the University of Waterloo

Workshops 5 & 6

Dispute Management & Resolution, Claim Preparation & Settlement:

Claim Analysis & Assessment, Alternative Dispute Resolution, and How Claims & Counterclaims Arise, are Initiated, Submitted, Calculated, Analysed & Resolved Successfully

Overview:
In these two workshops you will analyse 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. The time and energy expended in addressing claims resulting from unresolved disputes, putting them forward and defending against them is out of all proportion to the cost/benefit expected.   You will also learn how to deal with contract claims since most projects are modified and changes 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.  These workshops will provide expert, practical information and advice for the parties to analyze and understand the issues that arise when a claim is made, and also how to prepare and negotiate a settlement and produce a counterclaim if needed.  They will help you to resolve such claims in a more effective manner and avoid lengthy and expensive litigation.  A variety of case studies will be presented.

Outcomes:
How to…

• Analyse Dispute Causes and Their Impact on Time and Cost
• Assess Parties’ Entitlements and Negotiate Settlements
• Mediate Disputes
• 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
• Resolve Claims

Day 1
Dispute Causes and Their Impact

• Suspension of Work
• Re-sequencing of Work
• Variation Orders
• Variations in Estimated Quantities
• Differing Site Conditions
• Defective Specifications and Drawings
• Acceleration of the Work
• Force Majeure
• Termination for Convenience
• Termination for Default and Re-procurement

Cost Estimation for Variations
 

• Contract Stipulations to Calculate Cost of Variations
• Case Study

Day 2
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 Behaviour or Conditions
• Engineer’s Role in Mitigating Such Claims

Claims for Variations

• Variation Order Cost Estimates
• Job Factors Affecting Productivity
• Overhead and Profit
• Reservation of Indirect Costs
• Forms for Pricing Changes
• Case Study

Day 3

• Scheduling Provisions
• Emphasis on Network Analysis Techniques
• Techniques for Delay with Construction Project Management (CPM)
• Concurrent Delays

Evaluation of Claims Related to Project Scheduling

• Acceleration/Job Compression
• Checklist for Use of CPM in Litigation
• Claims for Delay
• Claims for Disruption
• The Relationship Between Loss and Expense and Extensions of Time
• Damages for Delay
• Case Study

Day 4

Substantial Completion and Contract Close-Out

• Contract Requirements
• Commissioning and Handing-Over
• Substantial Completion
• Preparation of Punch List
• Starting of Systems
• Case Study

Day 5
Counterclaims Against the Contractor

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

Claim Resolution

• Negotiation and Mediation to settle claims by the parties
• Arbitration of claims
• Litigation
• Case Study
• Conclusion