Resolving Contractual Claims and Disputes

OBJECTIVES:

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

• Identify and avoid causes for contractual claims and change orders.
• Recognize the different types of claims and how to prevent and/or deal with each type.
• Apply, through actual situations, the different approaches to claims handling including Alternative Dispute Resolution (ADR) and litigation.
• Practice and discuss, through a project, all aspects of handling and resolving contractual claims and change orders.

CONTENT

Why Claims Occur – The Red Flags

• Situations Causing Costly Claims
• Contractor Practices that Cause Claims
• Owner Practices that Cause Claims
• Causes Associated with: Contract Documents, Contract Awards, Contract Administration and Claim Settlement Procedures and Practices

Contractors Objectives

• Profits
• Fair and Unfair Practices
• Keeping Records

Contracts in Progress

• Avoiding Problems
• Know Your Contract
• General and Special Terms

Claims

• Nature of Claims
• Types of Claims
• Claims Process

Quantification of Damages

• Types of Damages
• Liquidated Damages
• Actual Damages
• Other Considerations

Dispute Resolution

• Negotiation
• Arbitration
• Litigation
• Alternative Dispute Resolution (ADR)

FOR WHOM:

Legal Officers and others who perform related functions

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.