The Ultimate Construction Claims Management Challenge

Course overview

A contract is a written agreement that has legal force and governs the rights and responsibilities of the parties involved. The parties to a construction contract must perform the responsibilities set forth in the agreement, and should a violation of the agreement occur, the aggrieved party is entitled to a variety of remedies.

The word “claim” refers to the assertion of a party’s entitlement to an extension of the contract’s duration and/or payment emanating from the contract’s stated or implicit conditions. A party to the construction contract may assert a number of different claims against another party.

A party is better prepared to prevent the suffering of a refused claim and the expenditure of an additional appeal if they approach the claim procedure pro-actively from the outset. The claim preparation process should be broken down into four parts, including good writing, analysis, and research.

The key features of a claim are that it can be brought by any party against the other, and that it must be vigorously defended in order to prevent any resulting harm. The participants of this course will receive a comprehensive education and training in best practices for preparing and presenting construction contract claims as well as defending claims made by opposing parties.

Having a thorough grasp of the claim’s handling, from initial claim evaluation through pursuing the claim through the dispute settlement procedure. It is crucial for all employers, consultants, and contractors to instruct their staff members on the steps involved in the preparation of the claim in order for them to comprehend the construction contractual claim process and its significance in a project.

This module was created by Training Bee to make it simpler to grasp all the strategies used in construction contract claims and their resolutions.

Introduction

Hello and welcome to the course on construction claims management! Claims are an unavoidable part of the dynamic and difficult world of construction projects that demand competent handling to achieve effective project outcomes. The information and abilities you will get from this course will help you handle and settle construction claims successfully, which will help your projects succeed as a whole.

We will examine the nuances of construction claims management throughout this course, arming you with in-depth knowledge and useful tips for navigating the complexity of claims in the construction sector. This curriculum will be extremely helpful in sharpening your ability to handle claims effectively and professionally, regardless of whether you are a project manager, construction professional, contract administrator, or legal expert.

We are The Training Bee, a global training and education firm providing services in many countries. We are specialized in capacity building and talent development solutions for individuals and organizations, with our highly customized programs and training sessions.

Learning Objectives

Upon completing The Ultimate Construction Claims Management Challenge, participants will be able to:

Identify the risks involved in constructing contractual claims and offer contractual counsel.
Utilize delay analysis tools and related expenses to create effective claims.
Recognizing the record-keeping processes
Identify the responsible party and calculate the damages
Analyzing the impact of modification orders on the claim process
Analyze the merits and support your arguments
Recognize the various conflict settlement methods.

Our Unique Training Methodology

This interactive course comprises the following training methods:

Journaling – This consists of setting a timer and letting your thoughts flow, unedited and unscripted recording events, ideas, and thoughts over a while, related to the topic.
Social learning – Information and expertise exchanged amongst peers via computer-based technologies and interactive conversations including Blogging, instant messaging, and forums for debate in groups.
Project-based learning
Mind mapping and brainstorming – A session will be carried out between participants to uncover unique ideas, thoughts, and opinions having a quality discussion.
Interactive sessions – The course will use informative lectures to introduce key concepts and theories related to the topic.
Presentations – Participants will be presented with multimedia tools such as videos and graphics to enhance learning. These will be delivered engagingly and interactively.

Training Medium

This The Ultimate Construction Claims Management Challenge training is designed in a way that it can be delivered face-to-face and virtually.

Course Duration

This training is versatile in its delivery. The training can be delivered as a full-fledged 40-hour training program or a 15- hours crash course covering 5 hours of content each day over 3 days

Pre-course Assessment

Before you enroll in this course all we wanted to know is your exact mindset and your way of thinking.
For that, we have designed this questionnaire attached below.

What is a construction claim defined as, and why is it crucial to the management of building projects?
From claim identification through resolution, list and describe each of the critical phases of the construction claims process.
Describe the typical claims for construction, such as interruption, delay, and change in scope claims.
How do construction agreements like the FIDIC or JCT affect how disputes are handled and resolved?
What are the main reasons why claims in the construction industry occur, and how can proactive claims management lessen the effects on a project?
Describe how paperwork and record-keeping play a role in managing construction claims effectively.
Describe how mediation, arbitration, and lawsuit are different ways to settle construction issues.

Course Modules

This The Ultimate Construction Claims Management Challenge covers the following topics for understanding the essentials of the Agile Workplace:

Module 1 – Construction Contract Claims Overview

Definition
Construction claims: occurrences and situations
Bases for claims
Construction contract claims: Standard forms and applications

Module 2 – Construction Claim Types

Alleged variations
Requests for time extensions
Claims of acceleration and disruption
Demands for greater funds
Legal claims for damages

Module 3 – Time

Time is critical.
Large-scale concurrency in time
Acceleration
The SCL time protocol extension

Module 4 – Important Component of a Winning Construction Claim

Cause
Effect
Entitlement
Substantiation
Documentations

Module 5 – Keeping an eye on the construction claims to prevent

Instructional format
Program and development
Records and information
Prevention of delays following the Time for Completion claims

Module 6 – Construction claim preparation and presentation

Examining project documentation through research
The report’s format
Application of the program to a claim
Analysis of delays using planning methods
Cost claims for delays

Module 7 – Counterclaims in response to Construction Claims

Introduction
Examining claims
Dispute the claim
Reply claim
General damages and liquidated damages

Module 8 – Dispute avoidance, resolution, and settlement

Conflict Avoidance
Friendly Agreement
Negotiation
Mediation
Arbitration

Post-course Assessment

Participants need to complete an assessment post-course completion so our mentors will get to know their understanding of the course. A mentor will also have interrogative conversations with participants and provide valuable feedback.

Analyze a fictitious claim for a construction delay and pinpoint the major causes of the holdup. What measures would you take to handle and deal with this claim?
Describe the function of project records and documentation in the handling of construction claims. Give particular instances of documents that are essential to establishing or refuting a claim.
Describe the variations between delay claims that are compensable and those that are not in building projects. In your capacity as a claims manager, how would you approach each kind of claim?
Create a well-organized construction claim for a scope modification brought on by unanticipated site conditions. Include necessary components and corroborating evidence to support your assertion.
The significance of proactive claims management in building projects should be discussed.

Lessons Learned

The need of adopting a proactive approach to claims management in construction projects has been stressed throughout the course. Claims may be managed more skillfully by anticipating possible problems and taking action right away, which lessens the influence they have on project costs and timetables.

Importance of Documentation: The cornerstone of effective claims management is accurate, thorough documentation. For the purpose of fighting against claims and achieving a just outcome, it is crucial to maintain precise records of project activities, communications, and modifications.

Comprehension Contractual Obligations: Effective claim management requires a full comprehension of the construction contract and all of its clauses. Navigating conflicts and possible disagreements is made easier by being aware of everyone’s rights and duties.

“Leading Projects to Success: Claims Management Certification”