TRAINING.

Avoiding Construction Overruns and Managing Construction Disputes

Online /
Feb 22 - 25, 2021 /
Course Code: 11-0232-ONL21

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  • Overview
  • Syllabus
  • Instructor

Overview

Please Note:
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This course is held online over 4 days on the following schedule (All times in Eastern Time Zone):
Day 1-3 10:30 am to 5:00 pm Eastern (45 minute lunch + 15 minute break)
Day 4 10:30 am - 4:00pm Eastern (40 minute lunch break + two 10 minute breaks)
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After participating in this course, you will be able to:

  • understand the various contracting strategies that can be employed to manage risk, and minimize claims and disputes
  • administer the contract to minimize construction claims and disputes
  • understand the importance of project controls, documentation and communication
  • recognize factors that cause project overruns in time and cost and the resulting construction claims and disputes
  • establish procedures for claim prevention and management
  • understand the methodologies used to analyze delay and productivity claims
  • resolve disputes amicably using negotiation, mediation and other ADR methods

Description:
This course deals with the issues that cause construction overruns in time and cost, the resulting disputes, and the means to minimize their impact on a project's success. The first step is selecting the most appropriate project delivery system and analyzing and managing the anticipated risks. The second step is recognizing the importance of effective project controls, and then devising a project and document control system to minimize claims and disputes. A review of the factors that can lead to construction claims is provided. The course then examines strategies used by Owners, Consultants and Contractors to avoid disputes and minimize their risk to achieve the project's objectives. There will be a discussion of claims by different parties.

Changes will impact the project schedule and affect delays. Analyzing these delays and their impact on productivity is essential in managing and settling disputes. The course addresses the different methods used to present and analyze delay and productivity claims. It also examines amicable ways to resolve disputes, as they arise, through negotiation, mediation and other ADR methods.

Course Outline:

  • Risk Management for different Contracting Strategies
  • Contract Administration and Control to Minimize Disputes
  • Communication and Project Documentation
  • Claims by Different Parties
  • Claim Prevention and Management
  • Project Scheduling and Delay Analysis
  • Evaluation of Claims related to Scheduling
  • Damage Quantification
  • Dispute Resolution

Who Should Attend:
Project Managers • Engineers • Contract Managers and Coordinators • Designers • Architects • Contractors • Construction Management Personnel Construction Inspectors • Procurement Specialists • Field Engineers • Subcontractors • Project Technicians and Technologists • Developers • Business Owners • Consultants • Government Employees • Public-Sector Employees and others concerned with the ultimate success of a project

Participants are expected to have some technical knowledge of the subject matter. More Information

Time: 10:30 AM - 5:00 PM Eastern Time


Please note: You can check other time zones here.

Syllabus

Please Note:
*********************************************************************************
This course is held online over 4 days on the following schedule (All times in Eastern Time Zone):
Day 1-3 10:30 am to 5:00 pm Eastern (45 minute lunch + 15 minute break)
Day 4 10:30 am - 4:00pm Eastern (40 minute lunch break + two 10 minute breaks)
*********************************************************************************

Day 1

Welcome, Introduction, Workshop Preview and Learning Outcomes

Risk Management for Different Contracting Strategies

  • Reviewing the fundamentals of project risk management
  • Risk identification and classification
  • Risk priorities
  • Contractual risk allocation and management

Project Delivery Systems

  • Examining different types of contracting risk elements and how to analyze and manage them
  • Roles of the parties and their responsibilities
  • Methods of payment: fixed unit price, lump sum, cost-plus contracts, and other forms
  • Project Administrator - his/her roles and responsibilities
  • Public-Private-Partnerships (P3s)
  • Risk Management and Allocation

Workshop I

  • Case Study: Risk Management and Allocation of Risk in Different Project Delivery Systems
  • Discussion of lessons learned

Effective Project Administration

  • Contract administration in the field
  • Roles of the parties
  • Contractual roles
  • Pre-construction activities
  • Start-up meeting

Project Documentation and Control Systems

  • Definition of records and their types
  • Keeping good records
  • Hierarchy of records
  • The record as a constructive tool in dispute prevention
  • The documentation process

Workshop II

  • Case Study: Designing Forms for Different Administrative Activities
  • Discussion of lessons learned

DAY 2

Claims by Owner

  • Contractor Refuses to Sign Contract (Contract A and B) - various tender cases
  • Contractor Walks Off the Job - Delays Completion - Liquidated Damages
  • Contractor Finishes with Deficiencies - Cost vs Diminished Value
  • Claims Against Design Consultants - A Developing Trend

Workshop III

  • Case Study: Project Claims by Owner
  • Discussion of lessons learned

Claims by Contractor

  • Restricted Access - Changed Conditions - Late and Incomplete Drawings or Equipment - Active Interference with Contractor’s Means and Methods
  • Constructive Acceleration and Termination - Suspension

Change Order Management

  • Do Contractors like Changes?
  • Dealing with the Impact of Change on Productivity
  • Ensuring Compensation for Changes
  • Should Change Orders be Qualified?
  • Quantifying and describing Cumulative Impact

Day 3

Scheduling and Tracking Work Progress

  • Scheduling techniques and project planning
  • Developing the schedule
  • Project precedence diagram, time analysis, critical path and floats
  • Resource management and its impact on the schedule
  • Time-cost relationship, project compression and acceleration

Delay Analysis

  • Types of Delay
  • Means and Methods of Analysing Delay
  • Parallel and Concurrent Delay and the Notion of Pacing

Damage Quantification

  • Pros and Cons regarding the Various Means of Quantifying Cost
  • Direct and Indirect Cost
  • Equipment Ownership

Workshop IV

  • Case Study: Using CPM for Delay Analysis
  • Discussion of lessons learned

Day 4

Workshop V: Quantifying Change Order Claims

  • Case Study: The Quantification of a Claim will be examined to review Delay Costs and Productivity Claims and identify areas of Duplication and Inflation
  • Discussion of lessons learned

Workshop VI

  • Case Study: Assessing Productivity Claims
  • Discussion of lessons learned

Productivity Analysis and the Impact on Cost Claims

  • Factors affecting Productivity
  • Discussion on Different Methods of Calculating Productivity Claims, i.e. Differential Cost Method - Estimated Cost/Industry Charts - Total Cost Method

Claim Prevention and Management

  • Mitigation of claims
  • Documentation of Claim Events
  • Knowing your contract
  • Do not waive claims
  • Monitor Job Progress
  • Monitor the impact of the schedule

Dispute Resolution

  • Strengths and Weaknesses of Alternate Strategies such as Negotiation, Partnering, Mediation, Project Neutral, Arbitration, Litigation
  • Discussion on Available Strategies During and After Construction is Complete
  • Controlling Costs and Advisors while Resolving Disputes

Questions and Answers and Feedback to Participants on Achievement of Learning Outcomes

Instructor

Sami M. Fereig, Ph.D., LL.M., P.Eng., PMP, F.ASCE, F.PMCOS

Prof. Sami M. Fereig, B.Sc. [Hons], M.A.Sc., Ph.D., LL.M. [Construction Law], P.Eng., PMP, F.ASCE, F.PMCOS .

Prof. Fereig has over 50 years of civil engineering experience in construction, contract management and dispute resolution. He received his doctoral degree from the University of Waterloo, and was the lead instructor of the Certificate Program in Conflict and Dispute Management for Project and Contract Managers at Conrad Grebel University College from 2002 to 2016. He was a senior bridge engineer and senior structural engineer for two local consulting engineering firms in Brantford and Hamilton, designing bridges, restoring existing bridges, and designing the connecting roads. He is the founder and president of Fercan Corporation that has provided construction development for a condominium project in Kitchener and training, dispute resolution, and project management for construction. He is actively involved in construction contract administration and project management with several organizations that include public and private engineering and construction companies. He has numerous publications in the areas of structural engineering and construction management.



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Fee & Credits

$1995 + taxes

  • 2.1 Continuing Education Units (CEUs)
  • 21 Professional Development Hours (PDHs)
  • ECAA Annual Professional Development Points
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