TRAINING.

Overview

After participating in this course, you will be able to:

• Utilize five pre-dispute resolution methods, including escrow bid documents, authority delegation, dispute resolution ladders, geotechnical design summary reports, and project partnering to reduce claims.
• Implement dispute resolution techniques during the initial claims phase, such as Initial Decision Makers, Standing Neutrals, early neutral evaluations, owner review boards, Dispute Resolution Boards, and adjudication methods.
• Apply advanced ADR techniques beyond mediation, including mini-trials, summary jury trials, and private judging.
• Understand the principles and variations of arbitration.
• Recognize ADR techniques available during litigation, including voluntary settlement conferences, special masters, court-appointed experts, judges pro tem, and trial by reference.

Description
Construction industry disputes are common, and the amounts in dispute are frequently quite high. Such disputes are often complex, making it difficult to present issues clearly to non-technical triers of fact.

Until the late 1980s, the traditional dispute resolution process involved negotiations, possibly mediation, and followed by either arbitration or litigation. While the construction industry is not considered progressive or forward-thinking, with respect to dispute resolution, the industry has developed a number of alternative means of resolving disputes. Numerous ADR techniques have been developed and implemented, all with the end goal of resolving disputes without resorting to traditional, lengthy, and expensive litigation.

This webinar discusses nearly thirty forms of ADR that are being used in the construction industry. While some are merely variations of a theme, all are different, and all have advantages and disadvantages that should be considered prior to selection. The various forms of ADR are presented in logical order following a dispute from the project site to the adjudicative forum.

Who Should Attend

• Owners
• Design professionals
• Construction managers
• Contractors
• Subcontractors
• Construction attorneys

Please note: You can check other time zones here.

Syllabus

Course Outline

• Introduction
• Pre-Dispute Alternative Dispute Resolution Methods
• Initial Claims and Dispute Phase
• Alternative Dispute Resolution Before Boards of Contract Appeals & Court of Federal Claims
• Alternatives During Litigation
• Conclusion

Instructor

Jim is the Principal, James Zack Consulting, LLC and Senior Advisor, Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally.

Formerly he was the Executive Director of the Navigant Construction Forum™ and earlier, the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc.

Mr. Zack has, for more than 53 years, worked on both private and public projects throughout the U.S. and in 39 countries abroad. Mr. Zack is a Fellow of AACE, Royal Institution of Chartered Surveyors, Guild of Project Controls and Society of Construction Claims Specialists International. 

In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. 

Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), an Expert Certified Construction Claims Specialist (ECCCS), an Expert Certified Construction Delay Analyst (ECCDA) and a Project Management Professional (PMP).