Course Objectives
Managing Change Orders and Contractual Claims
Course Methodology
This course relies on the use of individual and group exercises aimed at helping participants learn all key contract management activities. The course also features the use of a number of case studies, presentations and role plays by participants followed by discussions. In addition, this course incorporates pre and post testing.
Course Objectives
By the end of the course, participants will be able to:
Identify and avoid causes for contractual claims and change orders
Outline the major types of change orders and draft a variation order and a notice of breach
Recognize and analyze the different types of owners' claims and contractors' claims and explain how to deal with each type
Demonstrate, through actual situations, the different approaches to handle claims, variation orders and conflicts through mutual collaboration
Apply negotiation as a main concept in resolving disputes and conflicts in order to reach a final settlement
Target Audience
All those involved in implementing and administering contracts and handling claims and change orders as well as those involved in any conflict or dispute with a contracting party. In addition, this course is valuable for anyone interested in learning how to avoid or resolve contractual issues. Meirc is assigned as a Registered Educational Provider (REP) with the Project Management Institute (PMI®). This course is worth 30 PDUs.
Target Competencies
Contract preparation
Handling claims
Change management
Technical terms and conditions
Negotiating contracts
Conflict management
Contract administration
Course Outline
Overview
Elements of a contract
Contract terms and conditions
Basic concepts in contract law:
Force majeure
Notices: the neglected clause
Breach of contract
Right to remedy
Indemnifications and liabilities
Contract termination
Why do claims occur: the red flags
Change requests
Definitions of claims and disputes
Claim process
Change management
Why change management
Change order
Agreement on estimating process
Types of changes and variations
Directed changes
Constructive changes
Cardinal changes
Process of change management
Writing a variation order
Claims nature and types
Documentation of the event – notices
Procedure and presentation of contractor’s claims
Drafting a notice
Owner’s claims
Defective work
Warranty claims
FIDIC owner’s claims
Contractor’s claims
Changed conditions
Constructive changes
Delays and suspensions
Deficiencies in plans and specifications
Program extensions
FIDIC contractor’s claims
Delayed drawings or instructions
Right of access to the site
Unforeseeable physical conditions
Delays caused by authorities
Reaching a settlement
Drafting a claim
Claim evaluation
Resolving claims and disputes
Monetary damages
Disputes and settlement of disputes
Alternative dispute resolution:
Negotiation: common practices
Mediation: neutral third party
Arbitration: binding and non-binding
Resolution through legal means
Negotiation
Partnering with suppliers
Negotiation objectives
Communication and negotiation
Negotiating claims
Overview
Elements of a contract
Contract terms and conditions
Basic concepts in contract law:
Force majeure
Notices: the neglected clause
Breach of contract
Right to remedy
Indemnifications and liabilities
Contract termination
Why do claims occur: the red flags
Change requests
Definitions of claims and disputes
Claim process
Change management
Why change management
Change order
Agreement on estimating process
Types of changes and variations
Directed changes
Constructive changes
Cardinal changes
Process of change management
Writing a variation order
Claims nature and types
Documentation of the event – notices
Procedure and presentation of contractor’s claims
Drafting a notice
Owner’s claims
Defective work
Warranty claims
FIDIC owner’s claims
Contractor’s claims
Changed conditions
Constructive changes
Delays and suspensions
Deficiencies in plans and specifications
Program extensions
FIDIC contractor’s claims
Delayed drawings or instructions
Right of access to the site
Unforeseeable physical conditions
Delays caused by authorities
Reaching a settlement
Drafting a claim
Claim evaluation
Resolving claims and disputes
Monetary damages
Disputes and settlement of disputes
Alternative dispute resolution:
Negotiation: common practices
Mediation: neutral third party
Arbitration: binding and non-binding
Resolution through legal means
Negotiation
Partnering with suppliers
Negotiation objectives
Communication and negotiation
Negotiating claims