After participating in this course, you will be able to:
• recognize factors that cause project over runs in cost and/or time and resultant construction claims
• understand the contracting strategies that can be employed to minimize claims
• appreciate the contract administration issues that pertain to construction disputes
• understand the importance of project controls, documentation and communication
• be cognizant of the methodologies used to present delay and productivity claim;
• be aware of the means and methods of resolving disputes

Description
The thee day seminar deals with the issues which give rise to construction overruns in time and cost, the resultant disputes and the means to minimize their effect on project success. Initially a review of the factors which give rise to construction claims is provided.  The seminar then examines available strategies by owners and consultants to avoid claims and the means to minimize their effect on project success.  There will be discussion on claims by Owners.  The seminar will also focus on the importance of early non adversarial communication and the importance of project controls.

The seminar will address change order management and the difficulties which are experienced by all project participants as they struggle with the conflict between practice and theory.

The seminar will all address methods to quantify claims (delay and productivity) and how to identify duplication in claims. The seminar will conclude with a discussion on the various means of resolving disputes by focusing on the pros and cons of each approach.

Objective
To recognize the factors that give rise to construction disputes and minimize their potential effect on your firm

Who Should Attend
Project managers, construction managers, contract administrators, consultants and others concerned with the ultimate success of a project

Approach to Learning
This course uses a variety of approaches to learning including: lecture, class discussion and case studies.  Thus, seminar attendees will be required to be active participants, for learning occurs best when you are personally involved in the learning experience.  You will be encouraged to contribute experiences and ideas that promote discussion and understanding of course concepts.

Each attendee must bring a copy of a Contract in particular the General Conditions of a contract that you are familiar with or working with. During the workshop you are required to identify the best and worst clause in that contract and then share that information with a workshop group. Each workshop group is then required to pick the best and worst clause within the group to present to the other groups. 

Instructor: Stephen O. Revay, FCSC, CCC, CFCC

Program Outline

Day I

Welcome, Introduction, Workshop Preview, Learning Outcomes and the Assessment Method

Introduction - Overview
• Claim definition - prerequisites for a valid claim – contract and tort liability - usual reasons for disputes

Contracting Strategies
• Lump sum, partnering, alliances, design build construction management and P3 and risk management and allocation

Workshop I – Canadian Court Case

Owner’s Avoidance / Defence of Claims
• Proper project administration - notice provisions - record keeping and the use of counterclaims

Communication 
• As a medium to avoid claims, to present claims and getting email under control

Workshop II – Canadian Court Case

Claims Avoidance –
• Summary – Quick Review of the day’s discussion

Day II

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 Alignment

Claims by Contractor
• Restricted access/changed conditions - Late and/or incomplete drawings or equipment, Active interference with the Contractor
   means and methods
• Constructive acceleration, termination and suspension

Contract Administration
• Various issues and process that have to be considered in developing contract administration procedures

Workshop IV Canadian Court Case

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
• The failings of the Total Cost approach

Day III

Workshop V General Conditions - Home Work Assignment

Change Order Management
• Do Contractors like changes / dealing with the impact on productivity
• Ensuring compensation for changes / should Change Orders be qualified, quantifying and describing cumulative impact

Workshop VI
• In workshop format the quantification of a claim will be examined so as to review delay costs, productivity claims and identify
   areas of duplication and inflation

Workshop VII Canadian Court Case

Productivity Analysis/Impact Cost Claims
• Factors which affect productivity, discussion on different methods of calculating productivity claims, i.e. differential cost method/measured
   mile approach - estimated cost/industry charts - total cost method.

Dispute Resolution
• Strengths and weakness 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 whilst in the process of resolving disputes

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

There will be a one-hour lunch break each day in addition to a refreshment and networking break during each morning and afternoon session.

Daily Schedule:
8:00 Registration and coffee (first day only)
8:30 Session begins
12:00 Lunch
4:30 Adjournment