Construction Contract Claims Avoidance and Resolution (Calgary)

Construction Contract Claims Avoidance and Resolution (Calgary)

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.

Course Outline

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

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