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Course Outline
Description The objective of this presentation is to demonstrate that problem free (minimal) project delivery is possible through real example and a review of project management techniques. In reviewing Public Works statistics vis a vis the effort in time and money to defend against claims it is certainly more prudent to put the effort into contract administration as a preventative effort rather than engaging in a non-productive rearguard action. Statistics developed by the University of Texas in Houston USA. Indicate that 20% of all project funds are expended in legal action. I suspect this cost is incurred mainly in the area of pursuing claims and disputes through the court process. As defined within the contract and as practised on site the role of the parties is confrontational. Add to this the practise of Adownloading@ responsibility, through the use of exculpatory clauses, for effective project delivery to the company least able to deal with the error, omission or oversight and you have a recipe for legal conflict. As you will note from the course calendar, the focus is on the various contract participants' rights and responsibilities in the project implementation process, claims resolution, as well as how to present your arguments both pro and con in an effort to avoid or to minimize the impact of the potential claim on the project. Objective To familiarize participants with the various contract claim avoidance techniques from the initial contract selection that will provide the best chance for their organization to successfully complete the desired project as well as the steps along the project delivery process where the incidence of claims can be minimized Target Audience This seminar is relevant to all personnel of organizations active in procuring or delivering construction services, including private and public owners, consultants and contractors, financial institutions, bonding and insurance companies. It will be of particular benefit to all engineers, architects, construction managers, project managers, and other professionals who want to have a better understanding of the various procurement options in order to provide knowledgeable advice to their decision makers. Course Outcome As an Owner you will learn: the benefits and risks for the various construction project implementation contracts to recognize which implementation strategy has the least risk for your organization. to recognize unbalanced bids, underbids and bid errors to recognize/avoid potential claims to realistically assess the inherent costs for exculpatory clauses (transferring responsibility to other contracting party) to assess your own responsibility for the contractor’s delay and cost overruns to evaluate your own damages for contractor caused delays As a Contractor or Subcontractor you will learn: to understand the allocation of risk within the various construction contract options the need for the preparation of an estimate that can support payment requests for change orders and progress draws the need to organize and manage project information to recognize/look for claim resolution provisions in a contract before submitting your bid to recognize exculpatory clauses and their potential impacts to present more effective change orders and claims As a Design Professional, Project and Construction Manager you will learn: your role as the interpreter of the contract the risks/benefits inherent in the various construction contract options how to manage progress payments, contract changes, and the shop drawing approval process to mitigate problems how to manage and the need for an inspection/commissioning process in the context of claims how to analyze and respond to a contractor’s claim Special Features You will receive a textbook titled "Construction Management JumpStart" Construction Management JumpStart Barbara J. Jackson Launch Your Construction Management Career—Quickly and Effectively Written by an experienced construction management specialist, Construction Management JumpStart provides all the core information you need, whether you're considering a new career or expanding your responsibilities: Understanding the functions of construction management Understanding the design and construction process Working with contracts documents Estimating project costs Administering contracts Managing the job site Creating and maintaining a project schedule Measuring project performance Controlling quality Ensuring project safety Course Outline Faculty: Dr. Richard Beifuss, Ph.D., P.Eng. Day 1 Registration and Coffee Welcome and Introduction Introduction by Seminar Attendees Giving Course Expectations Introductory Exercise Quality Project Delivery-problem identification Review of exercise findings Refreshment and Networking Break Background Construction Industry Claims and Disputes Design-Build Contract Model - a review of process to build Design-Build Team Lunch Break Project delivery experience of a large governmental design-build organization using standard design-bid-construct program/project delivery Exercise - Developing Non-Adversarial Contracts - Review findings from Introductory exercise, a role of “engineer under the contract”, errors and omissions, design changes, unit price clause and information provided by “owner/consultant” to determine if there is a better way to achieve the desired results Review and tabulation of results/suggestions Refreshment and Networking Break Bid Process Do’s and don’ts and trying to avoid awarding contract to company that makes the most mistakes! Open Discussion Adjournment Day 2 Project Risk Management Refreshment and Networking Break Claim Prevention Management Lunch Break Detection and Analysis of Claims Contract Delivery Initial site meeting using partnering approach Communication Links Roles and Responsibilities Score Keeping-Schedules Refreshment and Networking Break Change Orders, Delays and Claims Review of process and need for success from point of owner/consultant/contractor Exercise - Partnering Adjournment Day 3 The Claim and Dispute Environment Claim Avoidance Techniques Dispute Resolution Techniques Videos on arbitration and mediation will be shown followed by discussion. Networking and Refreshment Break Dispute Resolution Techniques (continued) Exercise - Value Engineering/Value for Money Lunch Break Case Studies Arbitration Exercises (using fact based model) - five different cases will be looked at and arbitration panels will be set up from participants. Coaching on roles will be provided. Arbitration findings are given to participants. Networking and Refreshment Break Summary Review of participants expectations Review of lecture concepts and exercise findings Open Forum-Questions and Answers Formal Adjournment of Seminar Instructor: Dr. Richard Beifuss, P. Eng., C. Arb. (Chartered Arbitrator), Mediator, Ph.D is President of Beifuss International. He has over 30 years experience in the Canadian industry and government, in the former as an engineering consultant (employee and partner), in the civil service as a manager of technical resources (electrical), project manager, technical expert, program manager and director. He has extensive expertise in alternate (appropriate) dispute resolution in diverse claims. He is a director/co-designer of Public Works= Contract Disputes Advisory Board. Richard is a speaker and lecturer to Groups (National and International) on diverse professional development courses including ADR and Contract Claims Management and Avoidance. He is currently a member of the APEO as well as the ADR Institute of Canada and has served on Canadian Bar Association ADR Section Eastern Ontario - Executive Member (Past), Dispute Resolution Centre for Ottawa Carleton - Past Director, American Arbitration Association - International Panel Arbitrators, Arbitration and Mediation Institute of Ontario Inc. - Past Director, Construction Law Letter - Past Member Editorial Board, Commerce Clearing House (CCH) ADR FORUM The Canadian Journal of Dispute Resolution - Contributing Columnist, ADR Dispute Resolution Practice Manual - Co-Author, Routlege (London, U.K.) Co-Author-Dispute Resolution and Conflict Management: An International Prospective, Ottawa Chapter AMIO - Past President, Ontario Court Pilot Mediation Project - Mediator, Contract Claims Resolution Group-Founding Partner.
Prerequisites & Certificates
Pre-Requisites

None

Certificates offered

1.8 CEUs / 18 PHDs


Cancellation Policy
If you wish to withdraw from a course, you must advise us, in writing, including the official receipt. Our policies regarding refund are:

More than fifteen business days in advance: a full refund minus $50.00 administration charge.

Fifteen or less business days in advance: a transfer to another course or a credit, valid for one year, to another GIC course can be considered. Credits are transferable within your organization.

If the course has been running for more than 2 weeks, or after the course has started, an 80% credit towards another GIC course may be considered, if notice is received before the start date of the second session. After this time, no refunds or credits will be issued. If a speaker is not available due to unforeseen circumstances, another speaker of equal ability will be substituted.

GIC reserves the right to cancel or change the date or location of its events. GIC's responsibility will, under no circumstances, exceed the amount of the fee collected. GIC is not responsible for the purchase of non-refundable travel arrangements or accommodations or the cancellation/change fees associated with cancelling them. Please call to confirm that the course is running before confirming travel arrangements and accommodations.

Refund Policy: Allow up to 30 days for refunds to be processed.

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