CAA-301 (2 weeks)  Download CAA301 PDF Brochure

Protecting Your Project, Contract & Organization By

Effective Contract Administration

Claims Management

& Negotiating Win-Win Settlement of Disputes

 

Helping you Make Decisions taking into Account Multi-Discipline Considerations Including:

Legal-Engineering-Management-Audit-User Objectives

Incorporating Good & Best Industry Practices

 

DISCUSSING REAL CASE STUDIES

Program Dates :

Worldwide Training Dates	USA Training Schedule
20-31 Aug 10 (Dubai) 9-20 Aug 10 (Kuala Lumpur) 19-30 Sept 10 (Dubai) 4-15 Oct 10 (London) 11-22 Oct 10 (Cape Town, South Africa) 15 Oct -26 Oct 10 (Dubai) 27 Oct -7 Nov 10 (London) 7-18 Nov 10 (Kuala Lumpur) 26 Nov - 4 Dec 10 (London) 6-17 Dec 10 (London) 5-16 Dec 10 (Dubai) 15-26 Dec 10 (Dubai)	21 July - 1 Aug 10 (San Francisco) 1-12 Sept 10 (San Francisco) 16-27 Nov 10 (San Francisco) 21 Dec 10 - 1 Jan 2011 (San Francisco)

Program Overview

This program provides a comprehensive practical briefing on the issues and details of effective contract administration, claims management and negotiating settlements through a unique multidiscipline (Technical-Legal-Management-Audit-Finance) look at the issues. All Good Business Contract Decisions take into account Multi-discipline Inputs.

By program end the participant should be able to:  understand good contract administration practices, understand the contractual issues on real contracts, understand the Technical-Legal-Management Concerns on Contracts, make correct interpretation of contracts, know when to seek legal opinion, identify situations that could lead to increased liability for his organization, properly document situations to the extent required to protect his company's interests, recognize actions and inactions that lead to wastage of contract time resources. He will get a winning prospective of the Legal-Technical-Audit-Planning-Management concerns on the contract and be empowered to take the right win-win decisions.

DAILY PROGRAM

(Subject to Change)

Day 1

• The Management-Engineering-Legal-Scheduling-Audit Issues on Contracts.

• Rights, Duties and Implied Obligations of the Parties under:-

  • Your Contract

  • Under Local Laws Regulations

  • Under International Law

• Rules and Doctrines of Precedence and Interpretation of Contracts Contractual Obligations

  • As decided by Courts

  • As applied by Arbitrators

  • Interpretations during Contract Execution

Days 2, 3, 4

• For Typical Works Supply Contracts -Clause-by-Clause Discussion of:

  • Implication of the Contract Provisions the Way they are to be Analyzed

  • Procedures Notices

  • Documentation requirements

  • Claim Risk Areas

  • What Risks can (and can not) be transferred

  • Productivity Issues

  • Management Concerns

• Making Tendering Procedures More Effective:-

  • Prequalification Procedure

  • Tendering Procedure, Public Tender Law

  • Tender/Bid Evaluation

• Transferring Risks not legally effective Just by Drafting…

  • When Risk Transfer is actually considered Complete in Law?

Day 5

• Advantages, Disadvantages and When to Use:

  • Cost Reimbursable Contracts

  • Fixed Price/ Lump Sum, Bill of Quantities

  • Construction Manager Contracts

  • Single General Contractor, Multiple Prime

  • Fast Track Contracting

  • Turn Key Contract, EPC, BOOT

  • Joint Ventures

• Design Supervision Contracts

  • How to protect your interests.. the issues

  • Selection, Managing, Audit Control of Consultant’s Design Activity.

  • Consultant Contracts: Analysis and Contract Administration. Conditions to Check for and Include to Protect Owner’s Interests.

  • Consultant’s Insurance, Exclusions Warranties.

Day 6

• Contract Administration Review - the bigger picture - Engineering/ Management/ Legal/ Audit Viewpoints.

• CLAIMS ON PROJECTS

  • Nature of Claims

  • Constructive Variations Issues

  • Liability Establishment

  • Causation Proof

  • Damage Quantification

  • Mitigation Responsibility

  • Tests to Check Reasonableness.

Day 7

• Schedules CPM Techniques for Causation Establishment…

  • Contractual Aspects of the Different Project Schedules: Tender, Mobilization. CPM, Monthly-Weekly- Daily Schedules

  • CPM: Scheduling Application

  • Real-life Limitations (Practicality)

  • Schedules/CPM to Establish Causation

  • Approval Issues: CPM Schedules

  • Impact Calculation - Delays Disruption

  • Productivity and Management Concerns

Day 8

• Fair Reasonable Price Determination and Impact Calculation (VO’s Claims)

  • Direct Costs

  • Indirect Costs, Overheads

  • Other Contractual Factors to Consider

• Methodology, Techniques and Contractual/ Legal Allowability (Entitlement) Rules for Development and Analysis of Rates/ Prices Used in VO’s Claims

Days 9, 10

• Managing Meetings For Negotiating Settlement of Disputes Claims

• Negotiating VO’s Claims

  • Preparation

  • Presentation

  • Deadly Negotiating Skills

  • Games/Tricks Others May Play

  • Bargaining Strategies Tactics

• Dispute Resolution

  • Options, Contractual Arrangement

  • Settlement by Negotiations

  • Mediation, Arbitration, Courts

  • Cost-Benefit Considerations

  • Management Audit Concerns

• Worthwhile Project Closedown Reporting

• Management Auditing of a Contract to Identify, Measure and Evaluate Performance Bottlenecks and Suggest Improvements.

Program Outcomes and Take-Away/s

Euro Training is in the business of  providing practical useful training programs. Programs that

1. Help the participant implement improvements in his organization.
2. Help the participant gain Multi-discipline understanding of the issues so that he can incorporate the needs and expectations of all his stakeholders/ customers in his improvement proposals and actions.
3. Help build a knowledge framework in which job related experience can be caught and remembered as his experience.

Typical participant will take away a personalized action plan for himself, his business unit or his organization on how to apply the program contents to improve performance. The action plan may have two components:

1. A Personal Action Plan
2. A Business Unit/Organizational Action Plan

Benefits to Organization

Sending participant/s to this program will benefit the organization in the following ways

1. Quickly makes the participants competent, effective and productive on his job. Useful especially for
   1. Training New employees
   2. Competency Building in Existing Employees Transferred to a New Assignment
   3. Training Prior to a New Project or Initiative Planned in the Organization
2. Create Competency in the employee to perform his job well. including in relation to
   1. Relevant Technical Knowledge, Skills and Competencies
   2. Organizations' Strategic Objectives
   3. Needs and Expectations of the Stakeholders/ Customers (internal & external)
   4. Good Management Practices
   5. Identifying opportunities to Exceed Stakeholder/ Customer Expectations
3. Create a pool of trained manpower who can cost-effectively disseminate the knowledge to large number of employees inside the organization. This is made possible by Euro Training's unique easy to understand and use methodology based on Checklist & Quality Assurance Approaches.
4. Euro Training Instructors often act as mentors for your trained employees. A most effective way to ensure effective competency development and application by your motivated staff. We do have consultants available across Americas, Europe, Asia and Africa (Please inquire about our post program mentoring plans)

Participant Individual Career Benefits

1. You gain a multi-discipline understanding of the issues. Meaning when you make proposals and decisions on your related job you will keep in mind the needs and expectations of ALL the stakeholders/ customers (internal & external)
2. The action plan you take away will help you make a difference in your business unit or organization. This difference when added to your resume will make you a prime candidate for career advancement in your own organization or in your next job/s.
3. Understanding and acting with understanding of the Needs and Expectations of your stakeholders/ customers is known to  to enhance Job Satisfaction and reduce Monday Morning Blues.
4. As one of your stakeholders/ customers is Executive Management, therefore the program ensures you will know the Strategic Imperatives that Drive the Organization's Efforts in your relevant job area. In the process enabling you to make a leadership contribution.

This Program is Intended for…

Those new to the field take away a good multi-discipline understanding of the issues involved in the program works. It helps them become productive quickly and builds in them a knowledge framework that will help identify, understand, classify and remember on the job experiences in his memory.

More experiences participants take-away an individualized action plan as mentioned elsewhere in this technical sheet.

Implementation Teams: This program can be used to train implementation teams where...

1. a new project or initiative being started in your organization

2. a new strategic focus is being initiated

3. just prior to a Consultant being hired to advise the organization.

Each participant will take away a memorable and potentially life changing experience from the program.

No limitations are being placed on who can attend. If you are interested in the Program Outcomes and Takeaways, or, feel you can benefit from the Organizational and Personal Benefits mentioned above - You are Invited to Register for this Program. Program Instructors have the knowledge, experience and access to resources required to customize the program to the specific job related needs of each program group.

• Contract Engineers & Supervisors

• Project Managers

• Corporate & Project Lawyers

• Quantity Surveyors & Cost Engineers

• Contract Administrators

• Engineering Managers, Planning Engineers and Project Executives

• Project Auditors and Quality Professionals

 … wishing to gain a Legal-Management-Technical Understanding to enable better decisions in their work areas.

Language of  Instruction

Unless otherwise stated the program instruction is in Standard Day-to-Day English. Participants can request the instructor to provide a program vocabulary which will ensure they have no problem understanding the content.

Other language versions are being developed by our consultants and regional partners including program in French, German, Spanish and Arabic. Please do contact us for your specific language needs.

Registration Recommendations

Team Nominations: Since the program aims to ensure the participants have his individualized improvement plan at the end of the program, and foreseeing the effort involved, anticipating resistance and implementation requirements it is recommended that the organization nominate at least two participants together (three will be more desirable to allow for attrition) for this program.

It is anticipated that these 2 or more participants will work together as a team or provide mutual support in order to implement the action plan.

Single nominations will also be accepted for the program. Single nominations are typically used  to:-

1. Develop personnel skills in Critical Skills and Methodologies covered in this program.

2. Audit this program for deciding its content and methodology's effectiveness in meeting your organizational needs

3. Train individuals for Leadership Roles in Business unit or department. Here this program will help the participant coach and lead his team in these Critical Skills and Methodologies. (Program does not typically cover coaching skills but provides the related technical  understanding in an easy to communicate manner. )

Why you need to Attend these Program?

A must attend program for anyone looking for Effective Protection of his Organization and Fast Track professional skill development in the area of Contracts and Claims Management.

1. These programs enable you to Do Effective Contract Administration & Claims Management. Effectiveness Requires we Optimize our Decisions after  Consideration of …

   • Legal Aspects (Minimizing Liability)

   • Commercial Aspects (Getting the Best Contractors & Best Prices)

   • Technical Aspects (Getting the Best Life Cycle Cost Solution)

   • Strategic Aspects (Actions In-line with Long Term Objectives of the Organization)

2. Contract Administration  & Claims Management a normally NOT part of the educational curriculum of Managers, Supervisors and Engineers who occupy contract administration decision making positions.

3. Legal professions are strong in Legal Aspects but Usually lack sufficient understanding of Commercial, Technical & Strategic Aspects.

4. Attending this program is like gaining years of experience on the job! This is a Unique Comprehensive Program that takes an Integrated Approach of the Whole Subject - AND includes coverage of New Emerging Interpretations, Technologies and Methodologies.

THE NEEDS ADDRESSED BY THIS PROGRAM…

If you have the following situations existing on your projects, you could save very substantial sums of money by sending your participants to this program.

    The Project, Contract Procurement Staff…

• Often fail to understand the Full Implications of the Express and Implied Contract Terms. Often getting influenced by other party’s reasonable sounding but contractually irrelevant arguments.

• They fail to recognize situations where they could be increasing liability of their employer by acting in what they mistakenly perceive to be ‘fair’ or ‘As-per-contract’.

• They often fail to identify and properly document situations where their employer could be entitled to protection from owner, contractor, consultant or supplier claims, or, recover their own additional costs.

• They often mistakenly follow an approach that leads to wastage of time and/or resources of the Owner, Contractor, Supplier or Designer leading to lower productivity on the project for which ultimately their employer pays.

• They fail to timely settle problems/disputes that later leads to large impact claims due to waste of resources

• They often lack the "Management prospective" when taking decisions- the long term costs/benefits to their organization.

• They tend to get into conflicts with their Management, Legal or Audit Departments due to misunderstanding of the concerns of these departments.

• They are unable to identify opportunities for productivity improvement in their work processes.

For Training / HRD Managers

This Very Practical Very Comprehensive Very Effective Program is Specifically Focused and has been Rated excellent by most participants from the Multinational Corporations, Oil Industry, Government Departments Ministries, Development Organizations, Utilities, Financial Institutions, Major Contractors and Designers.

This Program is warranted to Increase the Knowledge, Productivity and Effectiveness of: All Project/ Procurement/Legal Professionals, Engineers, Supervisors, Managers, Lawyers, MIS Executives, Project Auditors/Planners/ Analysts/Q.S..

A Program that Prepares the participant for the Challenges of the 21st Century!

According to Past Participants this Program's 20 year Success is Due To…

• Unique Program Design Including Integrated Coverage of Topics from Legal-Engineering-Management Viewpoints (Now also including Quality, Expediting, Performance and Audit Viewpoints).

• Highest Quality Expertise of Program Director/s - Technical, Communication Technology Transfer.

• Practical Procedures and Checklists Approach to Solving Contractual Problems.

• FULLY FOCUSED - Discussion, Implementation and Case Studies are based on Actual Contracts.

• Coverage of Latest developments, Techniques, Data sources.

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REGISTRATION INFORMATION

1.    To register: Please send us an official letter confirming registration (on organizational letterhead). And send us a completed registration form –electronically fill-able is at- available at http://www.eurotraining.com/etl-reg.html . You can request a copy by FAX (UK +44 207 6811444) or Email. (hmiller@eurotraining.com).

2.    For Program Fee Information Email: fees@eurotraining.com . Payable by Bank Transfer or Bank Draft. Fee information is available at: http://www.eurotraining.com/fees.html .We do not accept fee payment by Credit Cards.

3.    Program Fee is

o    USD $8900 per participant for a 2 week program

and includes Course Materials, Certificate, Refreshments and Lunch. (An additional Service Fee of 10% is Charged at Certain Locations including London, Paris and Kuala Lumpur).

4.    Accommodation is not included in Program fee. Special rates will be available at venue hotel for the participants.

5.    Special discount of 10% is offered for participants who pay their fees at least 45 days before start of the program.

6.    Refund will not be considered where the participants cancels his registration less than 3 weeks before start of the program. Alternate nominations will be allowed anytime before program start. In case of exceptional hardship or emergency participant may be allowed to attend at another location.

7.    All participants are required to fill in Participant Information form - on first day of the program. Each program Undergoes Customization to Better Meet Participant Present and Future Career Needs. Please be prepared to let the Instructor/s know about your organization's Special Needs, Interests or Initiatives.

8.    It is always useful for participants to bring their existing problems or case studies, work-process flow charts or job related problems for discussion - consideration will be at sole discretion of the program director/s.

9.    Provisional Registration : You can make a provisional registration by sending us an email – an official registration request can be made within 2 weeks. This will ensure we will reserve a seat. IF THE OFFICIAL REGISTRATION REQUEST IS NOT RECEIVED WITHIN 2 WEEKS OR AT LEAST 2 WEEKS BEFORE PROGRAM START THIS PROVISIONAL REGISTRATION IS AUTOMATICALLY CANCELLED – WE DO REQUEST YOU TO INFORM US ASAP YOU HAVE DECIDED EITHER WAY. All provisional registrations automatically cancel 2 weeks before program start.

10.Information required for Provisional Registration: Program Title, Location, Dates, Your Organization Name, Your Email Address, Your FAX No and your Mobile Number.

Protecting Your Project, Contract & Organization By Effective Contract Administration Claims Management & Negotiating Win-Win Settlement of Disputes CAA-301

 

Contact: Mr Harry Miller, General Manager

FAX (UK) Fax : +44 207 6811444

FAX (USA) +1 650 6492689

UAE Dubai Fax +971 84 481032

www.EuroTraining.com

www.EuroTrainingUK.com

Email: euro@eurotraining.com  or   euro@eurotraining.com

Registration Form available at http://www.eurotraining.com/etl-regn.html

 

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