Specific Job Related Process Knowledge and Skills
Including Leveraging the Best of Digital Transformation, Data Analytics and Artificial Intelligence AI on his Job
Including Leveraging the Best of Digital Transformation, Data Analytics and Artificial Intelligence AI on his Job
CAA334-2
2 Weeks of Process Good & Best Practices
Processes for Managing Claims & Dispute Processes on Turnkey Design & Build (D&B) Contracts
Building Hands-on Skills & Competencies in
Early Identifying of Claims Situations Arising
Minimizing Claim Liability through Mitigation Actions
- Early Identifying Possible Liability Causing Events
- Causation Evidence & Defenses
- Claimable Damages & Mitigation Responsibility
- Negotiating Win-Win Settlement of Claims
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2 Week Job Process Good & Best Practices Training
Kualalumpur
| New Delhi
|
London
| New York
|
Seattle
| Istanbul
|
New Delhi
| Kualalumpur
|
New Delhi
| London
|
New York
| Seattle, USA
|
London
| Dubai
|
Kualalumpur
| Dubai
|
London
| New York
|
Seattle, USA
| Istanbul
|
New York
| Dubai
|
Kualalumpur
| London
|
Useful Links
What is Covered in this Program
Most Risks are Transferred to Contractors in Turnkey, Engineering Procurement Construction (EPC), Design & Build Contracts (D&B) but Claims do arise and impact ultimate project costs, relationships and reputations. It is the objective of this program to show how the Claims can be minimized through proper planning, proactive response to problems and Win-Win Settlements. And if all else fails how to ensure organization's liability will be held at the lowest level by dispute resolution boards, by Arbitrators and by Courts.
Claims are the assertion by a Contracting Party of its Rights to Additional Costs, Time or other Damages that have not been settled through the Contract Payment Method. Disputed Variation orders also become Claims, here the Full Variation Order (VO) or Part of it may be disputed.
Contractors submit bids on projects based on total cost and profit desired for (1) Meeting Owner Specified requirements and Performance (2) Data provided by the owner (3) Risks and Contingencies Assigned to the Contractor in the Turnkey Contract (4) Risks assigned to Contractor by Law (5) Any other costs an experienced Turnkey contractor could foresee and allow in his estimate. Variations are relatively few and will need to be issued if any of the above change due to the Owner Action or due to Risks Assigned to the Owner in the Turnkey Contract or Law.
When Variations are required by Events that are Not the Responsibility of the Contractor under the Turnkey Contract and No Fault of the Contractor and not based on a Direct Request of the Owner grey areas arise, For these Grey areas a More Detailed Analysis, Site Event Sequence and Innovative Interpretation of the Contract and Law is required to determine if Owner is Liable for such change or not. Such innovative interpretations may not be readily agreed by the parties and Lead to first Contractor Requested Variation Orders, and when denied or not acted on, these Convert to Contractor Claims. These Innovative Interpretations together with actual or alleged site events become the subject of disputes and are negotiated between the parties. Failing settlement a few of these (less than 0.001%) end-up going to: Courts, Dispute Resolution Boards, Third Party Mediation or Arbitration as agreed in the Contract Conditions.
This workshop on Managing Claims and Dispute on Turnkey EPC Design & Build (D-N-B) Contracts discusses the above processes in detail; provides guidance on the analysis, evidence and documents to be created at each stage; discusses the pitfalls at each stage; recommends winning practices to follow; discusses how to find weaknesses in the analysis of the other side; how to advantageously calculate Claim Amounts; How to present the Claim; and the Claim Settlement Strategies to follow.
This workshop will show the participant in a detailed manner what any party wishing to prevail on its Claim must prove to be entitled to any benefits. These details will include proving related Liability, Causation and Damages.
This workshop will show you the methodology and skills required to analyze and communicate Liability Aspects, the Causation Evidence and Arguments, the mitigation argument and the quantification of the claim details.
Simplistic view of claims is dangerous - it often leads to insufficient documentation and loss of protection of your organization's interests.
This workshop emphasizes the Win-Win Methodology to resolve Claims. Win-win settlements require necessary preparation, otherwise they actually are Win-Loose, where your organization may be the looser.
This workshop can Save your Organization Substantial Sums, millions of dollars on large projects, as Claims or Counter-Claims, Variation Orders (VOs), Delay Costs, Organization Business Losses and Consultant Fees.
Most Risks are Transferred to Contractors in Turnkey, Engineering Procurement Construction (EPC), Design & Build Contracts (D&B) but Claims do arise and impact ultimate project costs, relationships and reputations. It is the objective of this program to show how the Claims can be minimized through proper planning, proactive response to problems and Win-Win Settlements. And if all else fails how to ensure organization's liability will be held at the lowest level by dispute resolution boards, by Arbitrators and by Courts.
Claims are the assertion by a Contracting Party of its Rights to Additional Costs, Time or other Damages that have not been settled through the Contract Payment Method. Disputed Variation orders also become Claims, here the Full Variation Order (VO) or Part of it may be disputed.
Contractors submit bids on projects based on total cost and profit desired for (1) Meeting Owner Specified requirements and Performance (2) Data provided by the owner (3) Risks and Contingencies Assigned to the Contractor in the Turnkey Contract (4) Risks assigned to Contractor by Law (5) Any other costs an experienced Turnkey contractor could foresee and allow in his estimate. Variations are relatively few and will need to be issued if any of the above change due to the Owner Action or due to Risks Assigned to the Owner in the Turnkey Contract or Law.
When Variations are required by Events that are Not the Responsibility of the Contractor under the Turnkey Contract and No Fault of the Contractor and not based on a Direct Request of the Owner grey areas arise, For these Grey areas a More Detailed Analysis, Site Event Sequence and Innovative Interpretation of the Contract and Law is required to determine if Owner is Liable for such change or not. Such innovative interpretations may not be readily agreed by the parties and Lead to first Contractor Requested Variation Orders, and when denied or not acted on, these Convert to Contractor Claims. These Innovative Interpretations together with actual or alleged site events become the subject of disputes and are negotiated between the parties. Failing settlement a few of these (less than 0.001%) end-up going to: Courts, Dispute Resolution Boards, Third Party Mediation or Arbitration as agreed in the Contract Conditions.
This workshop on Managing Claims and Dispute on Turnkey EPC Design & Build (D-N-B) Contracts discusses the above processes in detail; provides guidance on the analysis, evidence and documents to be created at each stage; discusses the pitfalls at each stage; recommends winning practices to follow; discusses how to find weaknesses in the analysis of the other side; how to advantageously calculate Claim Amounts; How to present the Claim; and the Claim Settlement Strategies to follow.
This workshop will show the participant in a detailed manner what any party wishing to prevail on its Claim must prove to be entitled to any benefits. These details will include proving related Liability, Causation and Damages.
This workshop will show you the methodology and skills required to analyze and communicate Liability Aspects, the Causation Evidence and Arguments, the mitigation argument and the quantification of the claim details.
Simplistic view of claims is dangerous - it often leads to insufficient documentation and loss of protection of your organization's interests.
This workshop emphasizes the Win-Win Methodology to resolve Claims. Win-win settlements require necessary preparation, otherwise they actually are Win-Loose, where your organization may be the looser.
This workshop can Save your Organization Substantial Sums, millions of dollars on large projects, as Claims or Counter-Claims, Variation Orders (VOs), Delay Costs, Organization Business Losses and Consultant Fees.
Who Should Attend
This training workshop is intended for Turnkey, EPC, Design & Build Claim Professionals, Contract Administrators, Legal Staff, Quantity Surveying, Project Managers, Project Audit Professionals and Project Coordinators. This workshop should ideally be attended at the beginning of a new Turnkey, EPC, Design & Build Project.
This workshop can be used to Train Turnkey Project Claims Preparation, Claim Analysis, Claim Negotiation teams before the start of a Major Claim Negotiation, Dispute Resolution or Arbitration Effort. This workshop is also useful for Project Audit Staff to Enable them to Effectively Evaluate Negotiated Settlements or Project's Contract Administration and Claims Performance.
This training workshop is intended for Turnkey, EPC, Design & Build Claim Professionals, Contract Administrators, Legal Staff, Quantity Surveying, Project Managers, Project Audit Professionals and Project Coordinators. This workshop should ideally be attended at the beginning of a new Turnkey, EPC, Design & Build Project.
This workshop can be used to Train Turnkey Project Claims Preparation, Claim Analysis, Claim Negotiation teams before the start of a Major Claim Negotiation, Dispute Resolution or Arbitration Effort. This workshop is also useful for Project Audit Staff to Enable them to Effectively Evaluate Negotiated Settlements or Project's Contract Administration and Claims Performance.
Program Content & Modules
Processes for Managing Claims & Dispute Processes on Turnkey Design & Build (D&B) Contracts
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caa334-2@EuroTraining.com