Claim & Counter-Claim Management
2 Week Training Workshop
Claim & Counter-Claim Management
· Win-Win Settlements
· Getting the Best Deal For Your Organization
o Preparing Claims
o Analyzing Claims
o Negotiating Claims
o Resolving Disputes
· Claims are common on Construction, Service and Maintenance Projects. 99.99% of these get sorted out through negotiations. The negotiated settlements depend on the effectiveness of the negotiation preparation process in your organization. Preparation for negotiations must essentially follow the same methodology as for resolving the dispute in a court of law or arbitration.
· Simplistic view of claims is dangerous - it often leads to insufficient protection of your organization's interests. This Program Can Save Your Organization Substantial Sums which would have been paid as Claims, Delays and Consultant Fees.
· All Participants will take away a good multi-discipline understanding of the issues involved in their work. Program will help participants quickly become productive quickly and help build a knowledge framework that will help them identify, understand, classify and remember this program discussed technology, On the job learning and life experiences.
· Implementation Teams: This program can be used to train implementation teams - when a new project or initiative is being started in your organization; when a new strategic focus is being initiated; just prior to a consultant being hired to advise the organization
1. What are Claims?
2. What are Counter-Claims?
3. Disputed Variation Orders
4. Constructive Changes leading to Claims
5. Fundamental Principles Involved in Claims: Proving Liability; Proving Causation; Proving Damages and Injury Caused (Quantified)
6. Standard of Proof Required: Preponderance Standard.
7. Causation. Checking Causation Evidence to Enable a Rebuttal of Contractor's Claim. Causation is Linking? Liability? to Disruptive Occurrence. Proof of Causation requires proof of the connection between the change? and the delay in completion and/or cost increase?.
8. Tools and Methods for Showing and/or Checking for Satisfactory? Causation? Proof : Schedules, Critical Path Method (CPM), As-built Schedules, Expert Witness. How to Prove Linkage between Liability and Resultant Injury or Damages? that May be Caused including Delay, Disruption of Work, Interference, Inefficiency, Acceleration, Constructive Acceleration, Productivity Loss, Mobilization, Re-mobilization, Concurrent Working, Idle Resources, Additional Storage, Price and Labor Escalation, Unavailability of Skilled Manpower, Ripple Effect, Overtime Working, Procurement Costs, Inefficient Use of Resources, Injury to Workmen. etc..
9. 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.
10. 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. Dealing with : 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.
11. Preparing Analyzing the Claim Document: Skills in Putting the Claim Document Together as well as Pulling It Apart. Effective Presentation, Checklists, Getting Ideas.
12. Steps in the Claim Preparation Process. Preparation and Analyzing: Quality Assurance in Preparation and Analyzing Plans.
13. Effective Presentation of Claims and Counter Claims. Arbitration : Provisions and Procedures. Benefits and Economics of Negotiated Settlements, Win-Win Philosophy.
14. 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?
15. 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.
16. Conducting Negotiations. Some Effective Negotiation Tactics and Tricks People Use : Consider using them, Countering them.
17. Program Recommendations
18. Workshop 1
19. Outline Action Plan to Implement Program Communicated Good and Best Practices
20. Workshop 2
21. Advanced Topics - More Details on Some Above Issues Important for Participants (Customized for each Participant Group)
22. Increasing Productivity through Using Standard Forms, Templates, Checklists to Perform the IP Processes
23. Performance Management System to Measure Level of Performance in the Above Processes - we will develop the KPIs for the Above Processes
24. Planning & Implementing a Departmental/Functional Knowledge Base - For IP Rights and Methods - Key to Achieving Quality Service Performance/Repeatability and Superior Performance in Our Organization
25. Your Individualized Action Plan for Implementing Good Practices and Best Practices Discussed throughout the Program
26. Enhanced Program Recommendations
3422 Old Capitol Trail, #1116, Wilmington, DE 19808, USA
Tel: +1 415 430 5181, +1 415 251 1359
Fax: (US) + 1 650 649 2689