- Civil Engineering Training
- Avoiding Construction Over Runs and the Resultant Construction Disputes
The 3 day seminar deals with the issues which give rise to construction overruns in time & cost, the resultant disputes & the means to minimize their effect on project success. Initially a review of the factors which give rise to construction claims...
- Course Outline
After participating in this course, you will be able to:Description
• 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
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.Objective
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.
To recognize the factors that give rise to construction disputes and minimize their potential effect on your firmWho Should Attend
Project managers, construction managers, contract administrators, consultants and others concerned with the ultimate success of a projectApproach 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, CFCCProgram Outline
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
• 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
• As a medium to avoid claims, to present claims and getting email under control
Workshop II – Canadian Court Case
Claims Avoidance –Day II
• Summary – Quick Review of the day’s discussion
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
• Various issues and process that have to be considered in developing contract administration procedures
Workshop IV Canadian Court Case
• Types of delay - means and methods of analysing delay
• Parallel and concurrent delay and the notion of pacing
Damage QuantificationDay III
• Pros and cons regarding the various means of quantifying cost
• Direct and indirect cost / equipment ownership
• The failings of the total cost approach
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
• 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.
• 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.
8:00 Registration and coffee (first day only)
8:30 Session begins
- Prerequisites & Certificates
1.8 CEU / 18 PDH
- Cancellation Policy
To withdraw from a course, you must send a request, in writing, with the official receipt to our office. Fifteen or more business days in advance: full refund less $50.00 administration charge. Five to fifteen business days in advance: non-refundable credit of equal value for any future EPIC seminar within one year. Credits are transferable within your organization. In case of an unexpected event occurring after this time, you may send someone else to take your place without any additional cost.
- Map & Reviews
EPIC Educational Program Innovations Center
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