MANAGING CONTRACTUAL CLAIMS

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Why Attend

The overall aim of this course is to provide participants with an introductory knowledge, and basic skills needed to deal with claims, discrepancies and disputes between the principals and the contractors. Participants in this interactive course will learn how to analyze contractual issues, identify techniques that are helpful in handling difficult situations and recognize the best practices in resolving disputes amicably.

Event Date: 02/03/2023 – 04/03/2023

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Overview
Course Outline

Overview
- Elements of a contract
- Contract terms and conditions
- Basic concepts in contract law:
  - Force majeure
  - Notices: the neglected clause
  - Breach of contract
  - Right to remedy
  - Indemnifications and liabilities
  - Contract termination
- Why do claims occur: the red flags
- Change requests
- Definitions of claims and disputes
- Claim process
Change Management

Why change management?
Change order
Agreement on estimating process
Types of changes and variations
- Directed changes
- Constructive changes
- Cardinal changes
Process of change management
Writing a variation order

Claims Nature and Types
- Documentation of the event – Notices
- Procedure and Presentation of Contractor’s Claims
- Drafting a Notice
- Owner’s claims
  - Defective work
  - Warranty claims
- Contractor’s claims
  - Changed conditions
  - Constructive changes
  - Delays and suspensions
  - Deficiencies in plans and specifications
  - Program extensions
- FIDIC contractor’s claims
  - Delayed drawings or instructions
  - Right of access to the site
  - Unforeseeable physical conditions
  - Delays caused by authorities
- Drafting a claim
- Reaching a settlement
- Claim evaluation
Resolving Claims and Disputes
- Monetary damages
- Disputes and settlement of disputes
- Alternative dispute resolution:
  - Negotiation: common practices
  - Mediation: neutral third party
  - Arbitration: binding and non-binding
- Resolution through legal means
Negotiation
- Partnering with suppliers
- Negotiation objectives
- Communication and Negotiation
- Negotiating claims