Effective Contract Administration, Claims Management & Negotiating Win-Win Settlement of Disputes

Contract Administration, Claims Management and Resolving Disputes on Projects requires a Complex interrelated understanding and competencies in Legal, Contract, Technical, Design, Industry Practice, Strategic, Estimating, Value Engineering, Audit and Negotiations Aspects.

This unique program specializes in providing such a multi-discipline understanding to help save your projects from Delays, Cost Overruns, Disputes, Claims and other Strategic Failures.

This program will show, many risks can happen on projects. By Contracts and Law, Owner takes responsibilities for some of these risks, but, most of the risks fall under the Contractor Liability.

The Contract between the parties may put obligations to communicate or give notices to the other side in case certain types of events occur during performance.

Protection of party's rights may be contingent on such timely notices and communications.

Also, disagreements and disputes occur as to interpretation of contractual obligations and impact of events, the liability outcome of these often depends on the contract, actual sequence of events and actions of the parties.

This program will provide the participant an understanding of the Contract Administration Actions and Processes to follow in case any of above situations arise.

For example if an unanticipated electric cable is found in an excavation and it disrupts contractor's works, and say the Contract allows Contractor to Claim the Impact Cost and Time, what site evidence to collect and document before the site is changed and the evidence disappears - maybe in this case: Photographs, Extend to Impacted Works, Idle Equipment only Due to this Cable, mitigation opportunities available, contractor's diligence in resolving the problem, alternate works available and so on.

This program is intended for Contract Administrators, Project Professionals, Project Managers, Claim Professionals, Project Coordinators, Legal Professionals, Project Auditors and Project Finance Professionals.

Participants will be working for Owners, Contractors, Consultants, Funding Agencies, Auditors, Management Consultants or others.
This Program is a key essential for training Project or Contract Teams prior to the start of a New Project or during an ongoing project.

1. Effective Contract Administration, Claims Management & Negotiating Win-Win Settlement of Disputes
2. Business Aspects of Organizations Projects done through Contractors
3. Contracting Arrangements and their Applicability
4. Project Operational and Strategic Objectives
5. Aligned Contract Administration Operational & Strategic Objectives
6. Legal & Regulatory Environment
7. Typical Project Risks & Default Assignment of Liability
8. Typical Project Construction or Implementation Contract Conditions
9. Literal Meaning does not Always Apply
10. Legal Rules for Interpretation of Contract Conditions
11. Contract Administration Requirements for each Key Contract Conditions
    
    (1) Actions Expected from the Parties (2) Communications and Notices to be Sent
    
    (3) Records to be Maintained
    
    (4) Mitigation to be Done
    
    (5) Resolving Disagreements & Disputes
    
    (6) Preparing Change Orders, Claims
    
    (7) Analyzing Claims Submitted
    
    (8) Negotiating Win-Win Settlement of Claims
12. Identifying Concurrent Delaying Events that shift Liability
13. Identifying non allocable costs in Variations and claims
14. Identifying Double charging hidden in variation or claim calculations
15. Non Mitigated losses due to lack of due-diligence
16. Inappropriate calculation methods employed to quantify the Variations and Claims
17. Understanding Win-Win Methods for Settlement of Disputes and Claims
18. Contract Administration actions and behaviors to Help Meet Project Objectives of Quality or Specifications, Time and Budget.
19. Contract Administration actions and behaviors to meet the Project's Strategic Objectives including Reputation, Image, Standardization and so on.
20. Program Recommendations & Next Steps
21. Participant's Individualized Action Plan

Program General Methodology