TRAINING.

Avoiding Construction Overruns and Managing Construction Disputes

Online /
Oct 26 - 29, 2020 /
Course Code: 11-1038-ONL20

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  • Overview
  • Syllabus
  • Instructor

Overview

Please Note:
*********************************************************************************
This course is held online over 3 days on the following schedule (All times in Eastern Time Zone):

Oct 26-28 - 10:30 am to 5:00 pm Eastern (45 minute lunch + 15 minute break)
Oct 29 - 10:30 am - 4:00pm Eastern (40 minute lunch break + two 10 minute breaks) *********************************************************************************

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

  • recognize factors that cause project overruns in time and/or cost and the resulting construction claims and disputes
  • understand the contracting strategies that can be employed to minimize claims and disputes
  • administer the contract to minimize construction claims and disputes
  • understand the importance of project controls, documentation and communication
  • be aware of the methodologies used to present delay and productivity claims
  • 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 which cause construction overruns in time and cost, the resulting disputes, and the means to minimize their impact on project success. It also discusses amicable ways to resolve disputes, as they arise, through negotiation, mediation and other ADR methods. A review of the factors which can lead to construction claims is provided. The course then examines available strategies by Owners, Consultants and Contractors to avoid disputes and minimize their risk in order to achieve project objectives. There will be discussion on claims by different parties.

It will also focus on the importance of early non-adversarial communication and dispute resolution, and the importance of effective project controls. Change order management and the difficulties experienced by all project participants as they struggle with the conflict between theory and practice will be addressed.

Course Outline:

  • Contracting Strategies
  • Owner’s Avoidance / Defence of Claims
  • Communication and Project Controls
  • Workshops
  • Role Plays
  • Claims by Different Parties
  • Contract Administration
  • Damage Quantification
  • Dispute Resolution

Who Should Attend:
Project Managers - Owners - Contractors - Construction Managers - Contact Administrators - Consultants and others concerned with the ultimate success of a project

Requirement:
Participants are expected to have some technical knowledge of the subject matter.

More Information

Syllabus

Please Note:
*********************************************************************************
This course is held online over 3 days on the following schedule (All times in Eastern Time Zone):

Oct 26-28 - 10:30 am to 5:00 pm Eastern (45 minute lunch + 15 minute break)
Oct 29 - 10:30 am - 4:00pm Eastern (40 minute lunch break + two 10 minute breaks) *********************************************************************************

Day 1

Morning Session: 10:30am – 1:40pm

Welcome, Introduction, Workshop Preview and Learning Outcomes

Introduction – Overview

  • Claim definition
  • Prerequisites for a valid claim
  • Contract and Tort Liability
  • Usual Reasons for Disputes

Contracting Strategies

  • Lump Sum, Unit Rate, Cost Plus
  • Design-Build, Construction Management, P3
  • Risk Management and Allocation

Workshop I: Risk Management and Allocation of Risk in Different Project Delivery Systems

Afternoon Session: 2:20 – 5:00 pm

Owner’s Avoidance – Defence of Claims

  • Effective Project Administration
  • Notice Provisions
  • Record-Keeping
  • Use of Counterclaims

Communication

  • Project Communication
  • As a Medium to Avoid Claims
  • Presenting Claims

Workshop II: Defending Claims

DAY 2

Morning Session: 10:30 am - 1:40 pm

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: Project Claims by Owner

 

Afternoon Session: 2:20 – 5:00 pm

Claims by Contractor

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

Workshop IV: Project Claims by Contractor

Contract Administration

  • Various Issues and Processes that must be considered in Developing Contract Administration

DAY 3

Morning Session: 10:30 am – 1:40 pm

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

 

Afternoon Session: 2:20 – 5:00 pm

Workshop V: Using CPM for Delay Analysis

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 4

Morning Session: 10:30 am – 1:40 pm

Workshop VI: Quantifying Change Order Claims

  • In Workshop Format, the Quantification of a Claim will be examined so as to review Delay Costs and Productivity Claims, and identify areas of Duplication and Inflation.

Workshop VII: Assessing Productivity Claims

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

Afternoon Session: 2:20 – 4:00 pm

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 in the Process of Resolving Disputes

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

Instructor

Sami M. Fereig, P.Eng., Ph.D., M.A.Sc., LL.M., F.ASCE, F.PMI-COS

Prof. Sami M. Fereig, P.Eng., Ph.D., M.A.Sc., LL.M., F.ASCE, F.PMI-COS, PMP has over 47 years of experience in civil engineering, construction contract management, and dispute and claim resolution. He is actively involved in delivering workshops for the public sector and private sector across Canada.



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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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