Advanced Management of Contractual Claims

Start Date End Date Venue Fees (US $)
04 May 2025 Dubai, UAE $ 3,900 Register
27 Jul 2025 Kuala Lumpur, Malaysia $ 4,500 Register
09 Nov 2025 Riyadh, KSA $ 3,900 Register

Advanced Management of Contractual Claims

Introduction

The overall aim of this course is to provide participants with introductory knowledge and basic skills needed to deal with claims, variations, and disputes between the principals and the contractors. Participants in this interactive course will learn how to analyze contractual issues, identify techniques that are helpful in handling difficult situations, and recognize the best practices in resolving disputes amicably.

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 the main concept in resolving disputes and conflicts in order to reach a final settlement

Training Methodology

This is an interactive course. There will be open question and answer sessions, regular group exercises and activities, videos, case studies, and presentations on best practices. Participants will have the opportunity to share with the facilitator and other participants on what works well and not so well for them, as well as work on issues from their own organizations. The online course is conducted online using MS-Teams/ClickMeeting.

Who Should Attend?

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.

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

Accreditation

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