McTimothy Associates

Managing Contractual Claims Effectively

Why Attend

The overall aim of this course is to provide participants with foundational knowledge and essential skills to effectively address claims, discrepancies, and disputes between principals and contractors. Participants will learn to analyze contractual issues, identify practical techniques for managing challenging situations, and adopt best practices for resolving disputes amicably and efficiently.

This highly interactive course includes individual and group exercises to strengthen participants’ grasp of critical contract management activities. It also integrates real-world case studies, role-playing scenarios, and participant presentations, fostering a hands-on learning experience. Additionally, pre- and post-course assessments will be conducted to measure knowledge acquisition and application.

230,000.0000 VAT

Event Date: 05/03/2025 – 07/03/2025

Total:

More Dates

03/07/2025 – 05/07/2025

Price: 230,000.0000 VAT

11/09/2025 – 13/09/2025

Price: 230,000.0000 VAT

Course Methodology

This course relies on the use of individual and group exercises aimed at helping participants learn all key contract management activities. The course also features the use of a number of case studies, presentations and role plays by participants followed by discussions. In addition, this course incorporates pre and post-testing.

Course Objectives

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

  • Identify and avoid causes for contractual claims and change orders
  • Outline the major elements of a contract and the basic concepts of contract interpretation
  • Recognize and analyze the different types of owners’ claims and contractors’ claims and how to deal with each type
  • Demonstrate, through actual situations, the different approaches to handle claims, variation orders and conflicts through mutual collaboration
  • Apply negotiation as a main concept in resolving disputes and conflicts in order to reach a final settlement

Target Audience

All those involved in implementing and administering contracts and handling claims and change orders; also those involved in any conflict or dispute with a contracting party and interested to learn how to avoid or resolve these contractual issues.

Target Competencies

  • Contract preparation
  • Handling claims
  • Change management
  • Technical terms and conditions
  • Negotiating contracts
  • Conflict management
  • Contract administration

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

Other Courses