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
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- 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