Program Overview
-
This Program Can Save Your
Organization Substantial Sums which would have been paid as Consultant Fees
and Claims.
-
Claims are Changes in Contract Works
whose Liability, Cause or Impact have not been agreed between the Owner and
the Contractor.
-
The Claimant has the burden of proving
the Liability, the Impact of this Liability Action and the Additional Costs
suffered as a consequence.
-
Calculating time impact and additional
allowable costs is an important area where both the Claimant and the party
analyzing the claim often loose large sums due to default caused by not
understanding the calculation methods available and their acceptability as
reasonable way of doing the same.
-
Also very
important are the Concurrent Events and Mitigation responsibilities because
of their impact on Allowable Additional Costs.
-
This Program provides you the training in how
to:
Prepare, Quantify, Prove, Defend and Successfully Negotiate Claims.
-
After attending the
Participant will also be able to :
-
Objectively Preserve and Support the Relevant Facts.
-
Analyze Claims Submitted.
-
Negotiate and Settle Expeditiously Claims on the
Contract
-
Contrary to popular
belief among Contract and Engineering Professionals the Contractor is not
entitled to Additional Payment just because an Owner Caused Delay or Default
has Occurred on the Contract. For
Entitlement the Claiment Must Satisfactorily Prove ALL the Following:
-
Liability : Legal Basis of
Right
-
Causation : Connection Between Change and Cost Increase.
-
Damages and Loss Caused
-
Damages have been Mitigated
-
This program will show you how all above are
Established, Analyzed and Argued during Negotiations or Legal Proceedings.
Program Content
-
Balanced Score-card for Claims Management & Settlement Professionals
-
Understanding Claims
-
The Right to Claim and Counter Claims
-
Win-Win Settlement Strategy
-
Systematic Analysis & Defence of Claims: Liability, Causation & Damage
-
Setting Up an Early Warning System for Potential Claim Identification
-
Understanding the Liability Concept in Law
-
Analyzing Liability Proof
-
Defending Against Liability Claim (CHECKLIST)
-
Collecting Evidence to Prove Liability (CHECKLIST)
-
Understanding Causation (Proving Definite Link between Claim Event & Claimed
Damage)
-
Analyzing Causation Evidence Presented (CHECKLIST)
-
Owner's Defence against Causation Proof in Claim (CHECKLIST)
-
Collecting Causation Refutation Evidence during Project (CHECKLIST)
-
Understanding Legally Acceptable Methods for Calculating Damages in Claims
-
What damages are Claimable (CHECKLIST)
-
Mitigation Responsibility of the Claimant
-
Typical Methods of Inflating Claim Calculations and How to Identify them
(Detailed Procedures)
-
Collecting Evidence to Establish, Analyze and Refute Inflated Claim
Calculations
-
Understanding the Claims Resolution Process (99.99% of Claims Get Settled
this Way)
-
Negotiating Strategies for Claims
-
An Action Plan you can Implement to Minimize Unjustified Claims
Topics Covered Include....
-
Constructive Changes – Changes that
could lead to a Potential Claim: Understanding the Increased Performance
Requirements in case of:-
-
Delays
-
Acceleration
-
Deceleration
-
Interruptions
-
Unit Price Manipulations
-
Quantity Revisions
-
Value Engineering Clause Changes
-
Premium Time
-
Owner Furnished Materials and Equipment
-
Access to Site
-
Working Conditions
-
Quality of Workmanship
-
Defective Work
-
Weather Water
-
Loss of Efficiency
-
Discrepancies in Plans Specifications
-
Drawing Errors
-
Wasted Effort
-
Escalation
-
Emergency Work
-
Out of Scope Changes
-
Suspension of Work
-
Termination for Breach
-
Termination for Convenience
-
Denial of Early Completion
-
Improper Rejection
-
Denial of Time Extension
-
Out of Sequence Work
-
Defective Specifications
-
Ambiguities
-
Idle Resources (men and equipment)
-
Failure to Approve Timely
-
Failure to Approve
-
Wrongful Rejection
-
Moving Resources
-
Design Errors
-
Revised Owner Requirements
-
Engineering Cost
-
Reengineering Costs
-
Failure to Pay
-
Improper Rejection
-
Out of Season Work.
-
Causation.
-
Tools and Methods for Showing and/or
Checking for Satisfactory “Causation” Proof :
Schedules
Critical Path Method (CPM)
As-built Schedules
Expert Witness.
-
Recovery of Claim Damages/Loss : A
Claim Settlement is proper when it leaves the contractor and the owner in
the same relative cost and profit (or loss) positions they would have
occupied had there been no change. Profit on the unchanged work remains
intact. The party liable for the change keeps the other party whole.
-
Quantification Methods for Claims:
-
Lowest Possible Price
-
Lowest Reasonable Price
-
Reasonable Price
-
Estimated Price
-
Actual Cost
-
Fair Market Value
-
Contractor’s Current Cost or Pricing Data
-
Contractor’s Tender Breakdown
-
Formula Pricing vs Total Pricing
-
Work Methods Used.
-
Impact on Claimed Amount of:
-
Honest Mistakes and Errors
-
Exercise of Discretion
-
Deleted Work
-
Contractor’s Low Cost Innovations
-
B.O.Q. Unbalanced Bid Items
-
Overhead
-
Profit
-
Subcontractor’s Works
-
Specific Contractual Limitations on Recovery
-
Special Damages
-
Defective Performance
-
Commercial Waste
-
Claim Presentation Expenses
-
Total Cost Approach
-
Total Productivity Loss Approach
-
Expert Witness Method.
-
Preparing Analyzing the Claim
Document: Skills in Putting the Claim Document Together as well as Pulling
It Apart.
-
Effective Presentation, Checklists,
Getting Ideas.
-
Steps in the Claim and Counter-Claim
Preparation Process. Preparation and Analyzing: Quality Assurance in
Preparation and Analyzing Plans. Establishing: Liability, Causation and
Proving Damages.
-
Effective Presentation of Claims and
Counter Claims. Arbitration : Provisions and Procedures. Benefits and
Economics of Negotiated Settlements, Win-Win Philosophy.
-
Negotiated Settlement of the Claim:
Each party has “expectations” linked directly to its own perception of one’s
and other’s strong and weak points. You have the job to change the
“expectations” of the other party - How Expectations can be Changed?
-
Pre-Negotiation Planning : Detail
requirements and analysis of the contractor’s estimate. Contractor’s cost
and price data. Audit of Contractor’s cost data. Preparing independent
estimates. Sources for independent estimates. Establishing flexible
negotiation strategies.
-
Conducting Negotiations. Steps in
Negotiation.
-
Some Effective Negotiation Tactics
and Tricks People Use : Consider using them, Countering them.
Program Outcomes and Take-Away/s
Euro Training is in the business of providing practical useful
training programs. Programs that
- Help the participant implement improvements in his organization.
- 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.
- 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:
- A Personal Action Plan
- A Business Unit/Organizational Action Plan
Benefits to Organization
Sending participant/s to this program will benefit the organization
in the following ways
- Quickly makes the participants competent, effective and
productive on his job. Useful especially for
- Training New employees
- Competency Building in Existing Employees Transferred to a
New Assignment
- Training Prior to a New Project or Initiative Planned in the
Organization
- Create Competency in the employee to perform his job well.
including in relation to
- Relevant Technical Knowledge, Skills and Competencies
- Organizations' Strategic Objectives
- Needs and Expectations of the Stakeholders/ Customers
(internal & external)
- Good Management Practices
- Identifying opportunities to Exceed Stakeholder/ Customer
Expectations
- 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.
- 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
- 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)
- 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.
- 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.
- 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...
-
a new project or
initiative being started in your organization
-
a new strategic
focus is being initiated
-
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.
All Contract, Procurement Project Professionals
Working for Engineering, Construction, Services, Purchase or Maintenance
Contracts. It will also be extremely useful for Claim Consultants, Project
Managers, Project Lawyers, Quantity Surveyors, Contract Administrators,
Project Coordinators, Engineering Department Managers, Purchase Managers,
Planning Engineers, Managers and Senior Executives.
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:-
-
Develop personnel
skills in Critical Skills and Methodologies covered in this program.
-
Audit this program
for deciding its content and methodology's effectiveness in meeting
your organizational needs
-
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. )