Course Overview

A contract is a legally binding document which administers the rights and obligations of the parties to the agreement. The parties in a construction contract shall fulfill their obligations as specified in the contract and should a contract breach occur, there are different remedies that are available to the injured party.

The claim can be defined as ‘the assertion of a right by a party to an extension of the contract period and/or to payment arising under the express or implied terms of the contract’.  Under the construction contract, various types of claims  may be made by a party against another party.

A party who treat the claim process proactively from the beginning are better equipped to avoid the pain of a denied claim and the expense of a subsequent appeal. The claim preparation shall be carried out under four steps such as research, analysis, evaluation and effective writing.

The important aspects of a claim are that either party shall make a claim against the  other and defending such a claim is very important to avoid the damages that arise due to the same.

This course will provide a holistic education/training to the delegates for the best practice in the preparation and presentation of construction contract claims, defending claims for opposing parties.

A clear understanding of dealing with the claim from initial appraisal through to taking the claim to the dispute resolution process. In order to understand the construction contractual claim process and its importance in a project, it is essential for all the employers, consultants, contractors to train their employees on the procedures involved in the preparation of the claim.

Zoe Talent Solutions have designed this module in an easier way to understand all the approaches involved in the construction contract claims and its settlements.

Course Objectives

Upon completing this ‘Construction Claims Management Course’ successfully, participants will be able to:

• Provide contractual advice and identify the risks involved in construction contractual claims
• Prepare effective claims using the delay analysis techniques and associated costs
• Understanding the procedures for record-keeping
• Determine the liability and quantify the damages
• Evaluation of change orders and their impact in the claim process
• Assess the merits and defend the claims
• Understand the types of dispute resolution techniques

Training Methodology

This is a collaborative ‘Construction Claims Management Course’ and will comprise the following training approaches:

• Lectures
• Seminars and Presentations
• Group Discussions
• Assignments
• Case Studies & Functional Exercises

We use the ‘Do-Review-Learn-Apply’ model in all our courses at Zoe Talent Solutions.

Organisational Benefit

Enterprises who nominate their employees to partake in this ‘Construction Claims Management Course’ can benefit in the following ways:

• Ensure that your claim succeeds and is dealt with in a timely manner
• Develop clear, structured narratives that empower the reader to reach faster, more logical conclusions
• Good administration practices and how they can aid when dealing with disputes

Personal Benefits

Professionals attending this course on ‘Construction Claims Management Course’, can benefit in the following ways:

• Gain understanding and confidence you need to successfully prepare, write and manage all manner of construction claims and responses
• Understand exactly what must be included in a claim
• Compile a claim in a logical sequence that will make it easy for readers to comprehend

Who Should Attend?

This course would be suitable for:

• Contract specialists and professionals
• Risk managers
• Mediators, Arbitrators and Adjudicators
• Planning Engineers
• Quantity Surveyors
• Commercial Directors
• Claims Engineers
• Employer’s and Contractor’s Representatives
• Project Managers

Course Outline

MODULE 1: Introduction to Construction Contract Claims

• Definition
• Construction claims – events and circumstances
• The basis of claims
• Claims under the construction contract
• Standard forms and applications

MODULE 2: Types of Construction Claims

• Claims for variations
• Claims for extension of time
• Acceleration and disruption claims
• Claims for additional payments
• Claims for damages under law

MODULE 3: Time

• Time of the essence
• Time at large
• Concurrency
• Acceleration
• The SCL extension of time protocol

MODULE 4: Essential Element of a Successful Construction Claim

• Cause
• Effect
• Entitlement
• Substantiation
• Documentations

MODULE 5: Monitoring the Construction Claims for Prevention

• Form of instructions
• Programme and progress
• Records and particulars
• Delays after the Time for Completion
• Claim prevention

MODULE 6: Formulation and Presentation of Construction Claims

• Research and investigating project documentations
• Structure of the report
• Use of the programme in a claim
• Delay analysis using planning techniques
• Prolongation cost claims

MODULE 7: Response to Construction Claims: Counter Claims

• Introduction
• Review of claims
• Defending the claim
• Counter claim
• Liquidated damages and general damages

MODULE 8: Avoidance, Resolution and Settlement of Disputes

• Dispute Avoidance
• Amicable Settlement
• Negotiation
• Mediation
• Arbitration