Key Learning Objectives
- Understand the aspects of contract administration that impact claims and disputes
- Establish what issues/claims are and when they occur
- Properly identify potential contract issues
- Ensure claims are properly presented and supported by relevant facts
- Establish how claims should be quantified and valued
- Understand what contractual requirements are in relation to claims
- Determine an effective claims management procedure
- Understand obligations when assessing claims
- Discover specific negotiation and behavioural skills to reduce the amount of time and energy spent on claims
- Understand the possible behavioural outcomes and learn an approach to avoiding negatives
- Gain insights into the nature of the various approaches to contractual dispute resolution
About the Course
How many times have legitimate claims for money and/or time been overlooked or rejected because they have not been identified or substantiated?
This practical course is based around carefully designed case studies that highlight what should happen, where people have gone wrong and best practices that you can utilise. It aims to ensure your issues are identified, managed and agreed within the restrictions imposed by any agreement or contract.
Where the contract or agreement provides little or no guidance regarding claims or disputes, the course will discuss what options are available, and how they should be implemented.
The management of contract issues includes a number steps which should be followed to ensure the best possible outcome is achieved. Therefore, the course will consider what information is required to properly substantiate and justify entitlement.
The course will also look at how that information should be presented, what methods of evaluation are available and when to use them. It mixes updates in theory and concepts with practical wisdom.
Who Will Benefit
This practical masterclass is based on testing, applying and refining one’s knowledge with real scenarios. It launches immediately in to applying the instructor’s expert knowledge and insights into tricky, complicated claims and disputes. It is structured around case studies.
It will benefit anyone working in the building, construction, engineering, production or supporting industries who is involved with the administration and management of contracts, from the principal or contractor side.
“This course brought together a lot of knowledge I had but now will give me the ability to act more confidently in my role in contracts.”
Contracts Specialist, Woodside
Review of key contract administration elements (and contract provisions regarding contract administration) that can impact claims
- The concept of Privety
- Terms of contract versus conditions of contract in the claims process
- Waiver versus forebearance
- Order of precedence
- Other relevant points
Review of claims and the claims process
- When do claims arise?
- Most common claims relating to costs and or time
- Basic/complex claims
- Common subject of claims (non or part payment of variations/late payment/D&D/poor or inadequate contract documents etc)
Comparing and contrasting claims and how they could have been avoided in the first place
- Collect and review data regularly
- Highlight potential issues as they arise
- Identifying specific claims
- Following the timing within the contract/or be reasonable
- Issue with applications for payment
- Maintain communication to achieve agreement
- Activity: How should a potential claim be handled?
Troubleshooting a complex, multifaceted construction industry claim – learn from what went wrong, and how the ‘impasse’ was eventually satisfactorily resolved:
- Consider entitlement – is it reasonable?
- Issue notices in accordance with contract
- Can it be valued using the contract?
- If contract is not an option what basis can be used (discuss alternatives)
- Supporting documents
- Activity: What should be considered when valuing claims?
- Case study: Best practice management of defects – the contractual remedies and the practical procedures for ensuring they are realised
- Consider entitlement
- Sufficient information
- Basis of calculation reasonable
- Comply with contract when notifying (ref: Construction Contracts Act)
- Can claim be passed on – if so is further info required
- Various approaches to dispute resolution process
- Explanation of the various steps of the process
- The contract administrator’s role in each stage
- Overview of managing lawyers who are involved in the process
- Management reporting of the progress of dispute resolution process
- Explaining the various alternatives – Escalation, facilitation, mediation, arbitration litigation etc
- Case study: Understanding and resolving an international contracting dispute without lawyers
Claims specific negotiation and behavioural skills
- Using ‘soft’ skills in the context of very ‘hard’ negotiation circumstances
- How to deal with the ‘tough guy’ in an arising dispute claims situation
- Tactics you can expect to encounter when the going gets tough – and how to counter them using both technical tactics and behavioural knowledge
- Key principles of the behavioural approach to claims negotiation
- Principles of Cognitive Behavioural (self) LeadershipTM in claims negotiation
Activity: Negotiation workshop
In this workshop activity participants will be guided through an exercise based on a ‘real life’ experience/case study. At the end of each stage of the exercise, participants will be told what happened in the real case. This information will then be used as the basis for progressing through the next stage of the workshop
On-site & in-house training
Deliver this course how you want, where you want, when you want – and save up to 40%! 8+ employees seeking training on the same topic?
Talk to us about an on-site/in-house & customised solution.