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CAA334-2
2 Week Job Process Performance & Productivity Process Skills Training
Turnkey Design & Build (D&B) Contract Claims & Dispute Management Processes
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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What is Covered in this Job Process Workshop?
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.
Understand the dynamics of claims and dispute management in turnkey Design & Build (D&B) contracts.
Learn to identify potential claims situations and liability-causing events early in the project lifecycle.
Develop strategies to mitigate claim liability through proactive actions. Master causation evidence collection, preparation of defenses, and mitigation of damages.
Gain insights into claimable damages, mitigation responsibilities, and legal frameworks.
Build skills to negotiate win-win settlements and resolve claims amicably, reducing disruptions to project delivery.
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.
Understand the dynamics of claims and dispute management in turnkey Design & Build (D&B) contracts.
Learn to identify potential claims situations and liability-causing events early in the project lifecycle.
Develop strategies to mitigate claim liability through proactive actions. Master causation evidence collection, preparation of defenses, and mitigation of damages.
Gain insights into claimable damages, mitigation responsibilities, and legal frameworks.
Build skills to negotiate win-win settlements and resolve claims amicably, reducing disruptions to project delivery.
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
Processes & Modules
Turnkey Design & Build (D&B) Contract Claims & Dispute Management Processes
Introduction to Turnkey Design & Build (D&B) Contract Claims
Overview of D&B contracts: characteristics, scope, and risk allocation.
Common causes of claims in turnkey projects:
Design errors, delays, scope changes, unforeseen site conditions, and variations.
Understanding contract clauses related to claims and dispute resolution:
Force majeure, indemnities, liquidated damages, and dispute resolution mechanisms.
Early Identification of Claims Situations
Monitoring Risk Events Processes
Establishing robust project monitoring systems to track delays, variations, and disruptions.
Identifying key triggers for claims: scope creep, late approvals, and contractor delays.
Documentation and Communication Processes
Maintaining detailed project records (progress reports, correspondence, meeting minutes).
Using project management tools for tracking issues in real-time.
Risk Signals Processes
Recognizing early warning signs such as schedule slippage, budget overruns, or stakeholder conflicts.
Minimizing Claim Liability through Mitigation Actions
Proactive Risk Management Processes
Conducting regular risk assessments to address potential claims proactively.
Implementing corrective actions to resolve disputes at the earliest stage.
Collaborative Problem-Solving Processes
Encouraging open communication and early dispute resolution among stakeholders.
Using partnering agreements and mediation to resolve disputes without escalation.
Timely Notifications Processes
Providing timely notice of potential claims to relevant parties as required by the contract.
Avoiding liability due to failure to comply with notification requirements.
Early Identification of Possible Liability-Causing Events
Contract Review and Compliance Processes
Conducting detailed reviews of contract obligations and deliverables.
Ensuring adherence to contractual procedures for variation orders, approvals, and deliverables.
Identifying Liability Triggers Processes
Late provision of information or approvals by clients.
Site access delays, unexpected site conditions, or subcontractor non-performance.
Preventive Actions Processes
Implementing site audits, regular meetings, and stakeholder updates to detect potential liability-causing events.
Causation Evidence & Defenses
Collecting Evidence Processes
Gathering relevant documentation: daily logs, design documents, approvals, and photographs.
Using project schedules, cost breakdowns, and resource logs to support causation arguments.
Analyzing Causation Processes
Establishing a direct link between the event and the damages claimed.
Differentiating between contractor and client responsibilities.
Building Defenses Processes
Demonstrating compliance with contractual obligations.
Citing force majeure or external factors beyond the contractor’s control.
Claimable Damages & Mitigation Responsibility
Claimable Damages Processes
Direct costs: material overruns, labor, and equipment.
Indirect costs: extended overhead, loss of productivity, and financing costs.
Liquidated damages: pre-agreed penalties for delays or performance shortfalls.
Mitigation Responsibilities Processes
Duty to mitigate damages by taking reasonable actions to limit losses.
Documenting mitigation efforts to strengthen claims or defenses.
Avoiding Unreasonable Claims Processes
Ensuring claims align with contractual terms and are well-supported by evidence.
Negotiating Win-Win Settlement of Claims Processes
Preparing for Negotiations Processes
Identifying priorities, acceptable outcomes, and fallback positions.
Understanding the opposing party’s concerns and motivations.
Effective Negotiation Strategies Processes
Using collaborative approaches to resolve disputes amicably.
Focusing on mutual benefits to maintain relationships and project momentum.
Leveraging alternative dispute resolution (ADR) methods such as mediation or arbitration.
Settlement Agreements Processes
Drafting clear and enforceable settlement agreements to avoid future disputes.
Ensuring all parties are aligned on the terms of the resolution.
Step-by-Step Methodology for Managing D&B Contract Claims and Disputes
Introduction to Turnkey Design & Build (D&B) Contract Claims
Overview of D&B contracts: characteristics, scope, and risk allocation.
Common causes of claims in turnkey projects:
Design errors, delays, scope changes, unforeseen site conditions, and variations.
Understanding contract clauses related to claims and dispute resolution:
Force majeure, indemnities, liquidated damages, and dispute resolution mechanisms.
Early Identification of Claims Situations
Monitoring Risk Events Processes
Establishing robust project monitoring systems to track delays, variations, and disruptions.
Identifying key triggers for claims: scope creep, late approvals, and contractor delays.
Documentation and Communication Processes
Maintaining detailed project records (progress reports, correspondence, meeting minutes).
Using project management tools for tracking issues in real-time.
Risk Signals Processes
Recognizing early warning signs such as schedule slippage, budget overruns, or stakeholder conflicts.
Minimizing Claim Liability through Mitigation Actions
Proactive Risk Management Processes
Conducting regular risk assessments to address potential claims proactively.
Implementing corrective actions to resolve disputes at the earliest stage.
Collaborative Problem-Solving Processes
Encouraging open communication and early dispute resolution among stakeholders.
Using partnering agreements and mediation to resolve disputes without escalation.
Timely Notifications Processes
Providing timely notice of potential claims to relevant parties as required by the contract.
Avoiding liability due to failure to comply with notification requirements.
Early Identification of Possible Liability-Causing Events
Contract Review and Compliance Processes
Conducting detailed reviews of contract obligations and deliverables.
Ensuring adherence to contractual procedures for variation orders, approvals, and deliverables.
Identifying Liability Triggers Processes
Late provision of information or approvals by clients.
Site access delays, unexpected site conditions, or subcontractor non-performance.
Preventive Actions Processes
Implementing site audits, regular meetings, and stakeholder updates to detect potential liability-causing events.
Causation Evidence & Defenses
Collecting Evidence Processes
Gathering relevant documentation: daily logs, design documents, approvals, and photographs.
Using project schedules, cost breakdowns, and resource logs to support causation arguments.
Analyzing Causation Processes
Establishing a direct link between the event and the damages claimed.
Differentiating between contractor and client responsibilities.
Building Defenses Processes
Demonstrating compliance with contractual obligations.
Citing force majeure or external factors beyond the contractor’s control.
Claimable Damages & Mitigation Responsibility
Claimable Damages Processes
Direct costs: material overruns, labor, and equipment.
Indirect costs: extended overhead, loss of productivity, and financing costs.
Liquidated damages: pre-agreed penalties for delays or performance shortfalls.
Mitigation Responsibilities Processes
Duty to mitigate damages by taking reasonable actions to limit losses.
Documenting mitigation efforts to strengthen claims or defenses.
Avoiding Unreasonable Claims Processes
Ensuring claims align with contractual terms and are well-supported by evidence.
Negotiating Win-Win Settlement of Claims Processes
Preparing for Negotiations Processes
Identifying priorities, acceptable outcomes, and fallback positions.
Understanding the opposing party’s concerns and motivations.
Effective Negotiation Strategies Processes
Using collaborative approaches to resolve disputes amicably.
Focusing on mutual benefits to maintain relationships and project momentum.
Leveraging alternative dispute resolution (ADR) methods such as mediation or arbitration.
Settlement Agreements Processes
Drafting clear and enforceable settlement agreements to avoid future disputes.
Ensuring all parties are aligned on the terms of the resolution.
Step-by-Step Methodology for Managing D&B Contract Claims and Disputes