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Course Description

This intensive five-day program provides participants with comprehensive knowledge and practical skills in managing construction claims and resolving disputes effectively. The course covers the entire lifecycle of claims, from initial identification and prevention strategies to detailed analysis, substantiation, negotiation, and various formal dispute resolution mechanisms. Participants will gain expertise in understanding contractual entitlements, analyzing delay and disruption, quantifying damages, preparing robust claim submissions, and mastering different resolution techniques including negotiation, mediation, arbitration, and litigation.

Course Objectives

  • Understand the common causes and types of construction claims.
  • Implement proactive strategies for claim prevention and early identification.
  • Analyze contractual provisions related to claims, notices, and entitlements.
  • Master techniques for documenting, substantiating, and presenting claims effectively.
  • Conduct detailed analysis of delay, disruption, and acceleration claims.
  • Quantify damages and financial entitlements related to various claim types.
  • Develop robust claim submissions and effective counter-claim responses.
  • Apply advanced negotiation strategies for resolving claims amicably.
  • Differentiate and utilize various Alternative Dispute Resolution (ADR) methods (Mediation, Arbitration, Dispute Boards).
  • Understand the fundamentals of construction litigation and expert witness roles.
  • Manage claim communication and correspondence professionally.
  • Identify and mitigate risks associated with claims and disputes.
  • Apply best practices in record-keeping and evidence management for claims.
  • Develop a strategic approach to managing complex construction disputes.

Who Should Attend?

This course is designed for project managers, contract managers, commercial managers, quantity surveyors, site engineers, legal counsel, consultants, contractors, subcontractors, and clients involved in construction projects. It is essential for anyone responsible for preparing, defending, or resolving construction claims and disputes.

Course Agenda

Day 1: Foundations of Construction Claims & Prevention Strategies

  • Introduction to Construction Claims: Definitions, common causes, and impacts
  • Types of Construction Claims: Delay, disruption, acceleration, variations, differing site conditions, force majeure
  • Understanding Contractual Baselines: Scope, Schedule, and Cost
  • Importance of Contractual Awareness: Key clauses relating to claims, notices, and dispute resolution
  • Proactive Claim Prevention Strategies: Clear contract drafting, effective communication, risk management
  • Early Warning Systems and Issue Identification.
  • Importance of Contemporaneous Records and Documentation.
  • Role of the Project Manager, Contract Manager, and Legal in Claims Prevention.
  • Workshop: Identifying potential claim scenarios in a given contract excerpt and discussing prevention.

Day 2: Claim Analysis, Entitlement & Substantiation

  • Establishing Entitlement: Contractual basis, factual basis, and causation.
  • Delay Claims Analysis:
    • Types of Delays: Excusable, non-excusable, compensable, non-compensable.
    • Delay Analysis Methodologies: As-planned vs. As-built, Time Impact Analysis, Critical Path Method (CPM) update, Windows Analysis, Forensics.
    • Concurrent Delays and Apportionment.
  • Disruption Claims Analysis: Proving loss of productivity, ripple effect.
  • Acceleration Claims: Directed vs. Constructive acceleration.
  • Notice Requirements and Time Bars: Criticality of timely notification.
  • Developing a Narrative of Events: Chronologies and facts.
  • Practical Exercise: Analyzing a project delay scenario and identifying the critical path impacts.

Day 3: Claim Quantification & Submission Development

  • Quantifying Damages & Financial Entitlements:
    • Direct vs. Indirect Costs.
    • Labor Cost Overruns: Idle time, extended supervision, overtime.
    • Equipment Costs: Idle equipment, extended usage.
    • Head Office Overheads: Methods like Hudson, Emden, Eichleay.
    • Profit and Loss of Opportunity.
    • Material Price Escalation.
  • Preparing a Comprehensive Claim Document Structure: Executive summary, background, entitlement, causation, quantum, relief sought.
  • Effective Use of Exhibits and Supporting Documentation.
  • Responding to Claims: Defense strategies, counter-claims, and rebuttals.
  • Importance of Professional Presentation and Clarity.
  • Ethical Considerations in Claim Preparation.
  • Laboratory Session: Quantifying damages for a given claim scenario and outlining a claim submission.

Day 4: Negotiation & Alternative Dispute Resolution (ADR)

  • Claim Negotiation Strategies:
    • Preparing for Negotiation: Objectives, BATNA, ZOPA.
    • Positional vs. Principled Negotiation.
    • Managing Power Imbalances and Difficult Parties.
    • Collaborative Negotiation Techniques.
    • Documenting Settlement Agreements.
  • Introduction to Dispute Resolution Ladder: Informal resolution, negotiation, mediation, arbitration, litigation.
  • Mediation: Role of the mediator, process, benefits, and limitations.
  • Dispute Adjudication Boards (DABs)/Dispute Review Boards (DRBs): Formation, role, and enforceability.
  • Arbitration: Domestic vs. International, types of arbitration, advantages, and disadvantages.
  • Drafting Dispute Resolution Clauses in Contracts.
  • Hands-on Practice: Role-playing a claim negotiation session

Day 5: Arbitration, Litigation & Advanced Dispute Management

  • Arbitration Process Deep Dive: Selection of arbitrators, pleadings, hearings, awards, enforcement.
  • Fundamentals of Construction Litigation: Court process overview, discovery, expert testimony.
  • Role of Expert Witnesses: Technical, quantum, and delay experts.
  • Evidentiary Rules and Documentation for Formal Disputes.
  • Strategic Dispute Management: Deciding on the appropriate resolution path.
  • Lessons Learned from Past Claims and Disputes.
  • Preventing Recurrence and Improving Future Project Performance.
  • Case Studies: Analysis of significant construction claims and their resolution outcomes.
  • Final Assessment: Comprehensive case study involving a complex construction dispute, requiring analysis, strategy development, and recommendation of resolution methods.

Assessment Methodology

All courses conducted by EdTech will begin with a Pre-evaluation and end with a Post-evaluation. The instructor will evaluate the knowledge and skills of the participants according to the feedback given by participants. This will help to recognize the benefits and the level of knowledge gained by participants through the course.

Training Methodology

Facilitated by a highly qualified specialist, who has extensive knowledge and experience; this program will be conducted using extensively interactive methods, encouraging participants to share their own experiences and apply the program material to real-life work situations in order to stimulate group discussions and improve the efficiency of the subject coverage.

Percentages of the total course hour classification are:

  • ​40% Theoretical lectures, Concepts and approach
  • 20% Motivation to develop individual skill and Techniques
  • 20% Case Studies and Practical Exercises
  • 20% Topic General Discussions and interaction

Course Manual

Participants will be provided with comprehensive presentation material as reference manual. This presentation material is a compilation of core valuable information, references, presentation methods and inspiring reading which will be used as a part of the material guide.

Course Certificate

At the completion of the course, all participants who successfully accomplished the required contact hours will receive an EdTech Training Participation Certificate as a testimony to their commitment to professional development and further education.

Why Edtech ?

  • Industry Experienced; Internationally Qualified Trainers
  • Hands-on Practical Sessions & Assignments
  • Intensive Study materials
  • Flexible Schedules
  • Realistic training methodology
  • High-Quality Training in Affordable Course Fees
  • Achievement Certificate, as approved by the Ministry of Education (Abu Dhabi Center for Technical and Vocational Education Training - ACTVET), HABC, AWS, IAOSHE, SHRM, etc.