Construction Claims and Dispute Management

Course Introduction

Construction projects often involve complex contractual relationships and unpredictable variables that can lead to claims and disputes. This advanced course is designed to help professionals understand, manage, and resolve claims arising from construction projects. Participants will explore the legal and contractual foundations of claims and gain practical strategies for negotiation, documentation, and resolution.

Course Objectives

• Understand the legal foundations and causes of construction claims.
• Identify different types of claims, such as time, cost, and scope changes.
• Master the preparation, submission, and defense of construction claims.
• Analyze dispute resolution mechanisms: negotiation, mediation, arbitration, and litigation.
• Develop strategies for minimizing disputes through proactive contract management.

Target Audience

• Contract and project managers
• Construction engineers and consultants
• Legal advisors and claims specialists
• Quantity surveyors and cost engineers
• Procurement professionals in the construction sector

Course Modules (5 Days)

Day 1: Foundations of Claims in Construction Projects

1. Overview of construction contracts and obligations
2. Legal basis for construction claims
3. Types and categories of claims
4. Contractual risk allocation
5. Real-life case studies

Day 2: Claim Identification and Documentation

1. Early warning signs and triggers
2. Data gathering and documentation requirements
3. Delay analysis and cost impact evaluation
4. Claim substantiation techniques
5. Practical workshop: Drafting a claim

Day 3: Claims Submission and Defense

1. Structuring and submitting a formal claim
2. Claim response and rebuttal tactics
3. Claims in FIDIC contracts
4. Time extension requests and justifications
5. Group activity: Preparing a claim file

Day 4: Dispute Resolution Mechanisms

1. Negotiation and mediation strategies
2. Arbitration process and legal framework
3. Litigation process and court procedures
4. Selecting the appropriate dispute resolution method
5. Simulation: Mock dispute resolution session

Day 5: Dispute Avoidance and Contractual Best Practices

1. Conflict avoidance techniques
2. Proactive project and contract management
3. Effective communication and documentation
4. Lessons learned and knowledge retention
5. Final case study: Analyzing a complex dispute