Navigating Conflicts: Construction Dispute Resolution and Claims Training Course

Introduction

Construction projects, by their very nature, are complex undertakings involving multiple stakeholders, intricate contracts, and dynamic environments, making the occurrence of disputes and claims almost inevitable. From unforeseen site conditions and design discrepancies to delays and cost overruns, unresolved conflicts can lead to significant financial losses, project delays, damaged relationships, and protracted legal battles. The ability to effectively prevent, manage, and resolve these disputes is paramount for safeguarding project success and maintaining profitability.

This intensive training course is meticulously designed to equip construction professionals, project managers, contractors, legal advisors, and contract administrators with the essential knowledge and practical tools to understand, analyze, and effectively manage construction disputes and claims. Participants will gain a comprehensive understanding of claims identification, documentation, negotiation strategies, and various dispute resolution mechanisms, empowering them to minimize conflict, protect their interests, and ensure the efficient and equitable conclusion of construction projects.

Target Audience

  • Construction Project Managers.
  • Contractors and Subcontractors.
  • Contract Administrators and Quantity Surveyors.
  • Legal Professionals specializing in construction law.
  • Claims Managers and Consultants.
  • Engineers and Architects involved in project delivery.
  • Public Sector Officials overseeing construction projects.
  • Risk Management Professionals in construction firms.

Duration: 5 days

Course Objectives

Upon completion of this training course, participants will be able to:

  • Understand the fundamental causes and types of construction disputes and claims.
  • Grasp the legal and contractual basis for claims in construction projects.
  • Analyze methodologies for claims identification, documentation, and substantiation.
  • Comprehend various non-adversarial dispute resolution mechanisms.
  • Evaluate different approaches to formal dispute resolution (arbitration, litigation).
  • Develop practical skills in claims negotiation and settlement.
  • Navigate the complexities of delay analysis and disruption claims.
  • Formulate robust strategies for dispute prevention and early resolution.
  • Understand the role of expert witnesses and technical evidence in disputes.
  • Champion ethical conduct and professional integrity in claims management.

Course Content

  1. Foundations of Construction Disputes and Claims
  • Defining construction disputes and claims.
  • Common causes of disputes: delays, variations, unforeseen conditions.
  • The impact of disputes on project cost, schedule, and relationships.
  • Principles of contractual obligations and breach.
  • Overview of the dispute resolution landscape in construction.
  1. Contractual Basis for Claims
  • Understanding claim-related clauses in standard form contracts (e.g., FIDIC, JCT, AIA).
  • Notice requirements and time bars for claims.
  • Interpretation of contract terms and conditions.
  • The role of specifications, drawings, and bills of quantities.
  • Express and implied contractual obligations.
  1. Claims Identification and Documentation
  • Recognizing potential claims events during project execution.
  • Importance of contemporaneous record-keeping and documentation.
  • Types of documentation: daily reports, meeting minutes, correspondence.
  • Developing a claims register and tracking system.
  • Best practices for compiling a comprehensive claim file.
  1. Delay and Disruption Claims
  • Defining project delays: excusable, non-excusable, compensable.
  • Methodologies for delay analysis: critical path, as-planned vs. as-built.
  • Understanding disruption and loss of productivity claims.
  • Quantifying delay and disruption costs.
  • Presenting delay and disruption claims effectively.
  1. Variation and Change Order Claims
  • Understanding variations (changes) to the scope of work.
  • Contractual provisions for managing variations.
  • Valuing variations: agreed rates, dayworks, fair valuation.
  • Claims arising from disputed variations or omissions.
  • Procedures for issuing and responding to change orders.
  1. Principles of Claims Negotiation
  • Preparing for claims negotiation: strategy, objectives, BATNA.
  • Techniques for effective negotiation and persuasion.
  • Understanding the other party's interests and positions.
  • Building rapport and finding common ground.
  • Documenting settlement agreements and releases.
  1. Non-Adversarial Dispute Resolution
  • Negotiation as the first step in dispute resolution.
  • Mediation: process, benefits, and role of the mediator.
  • Conciliation and facilitated discussions.
  • Dispute Adjudication Boards (DABs) and Dispute Review Boards (DRBs).
  • Early Neutral Evaluation (ENE) and expert determination.
  1. Formal Dispute Resolution Mechanisms
  • Arbitration: process, advantages, and enforceability of awards.
  • Litigation: court proceedings, discovery, trial.
  • Expert determination and its binding nature.
  • Selection of arbitrators and legal representation.
  • Comparative analysis of formal dispute resolution options.
  1. Quantification of Damages and Claims
  • Types of damages in construction claims: direct, indirect, consequential.
  • Quantifying extended overheads and prolongation costs.
  • Loss of profit, loss of opportunity, and financing costs.
  • Principles of quantum meruit and unjust enrichment.
  • Supporting claims with verifiable financial evidence.
  1. Dispute Prevention and Best Practices
  • Proactive contract management and administration.
  • Effective communication and early warning systems.
  • Robust risk management and allocation.
  • Clear and unambiguous contract drafting.
  • Fostering a collaborative project environment to minimize disputes.

CERTIFICATION

  • Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

  • Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

  • Airport Pick Up is provided by the institute. Accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com

For More Details call: +254-114-087-180

 

 

Navigating Conflicts: Construction Dispute Resolution And Claims Training Course in Kiribati
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