Successful Management of Claims in Construction Projects

04-05 Mar, 2024, Wyndham Grand Bangsar Kuala Lumpur (Formerly Known As Pullman Bangsar Kuala Lumpur)

IPA Training is Registered with

Learn from the Best

Prof R Venkat

LLM (UK), B. Eng., C.Eng., FCIArb, FCMA,MRICS, PGDBA

Professor of Practice-Law, Manipal Law School

Trainer, Consultant , Author and Expert

Co-founder, C Cubed Consultants Limited

 

 

Prof R Venkat is a well- respected and distinguished speaker/trainer having over 30 years of industry experience in the GCC/Asia region. His expertise includes heavy engineering, infrastructure, construction, marine and non-conventional energy sectors. He is one of the founding partners of ‘C Cubed Consultants’, a Contracts and Claims Management consultancy based in UAE. He advises Clients, Contractors on various aspects of contractual matters and helps them to resolve their disputes in an amicable and practical way. At present, he has taken additional responsibility as a professor of practice at Manipal Law School, Bengaluru, India and conducting short-term and Post graduate level courses in Construction Law specialization. He has conducted over 100 training/workshops during the past three years based on various forms of contract including Project Delay, Claims Assessment, EPC, EPCIC, Avoidance Management, FIDIC and Turnkey Contracts. He has been invited by leading universities for guest lectures to construction law/management post graduate students and he also writes regularly in construction and arbitration journals.

 

He is a Chartered Engineer, Construction lawyer, Chartered QS and Fellow member of chartered Institute of Arbitrators, London. He is fully conversant with legal principles related to the construction of both common law and civil law jurisdictions.

 

He has been listed as an arbitrator at India, Kuala Lumpur, Dubai and Hong Kong. He acts as an Expert Witness in construction arbitrations involving delay and quantum claims.

 

He is a co-founder of a contract life cycle management consultancy based in United Arab Emirates and advising contractors and clients on both pre and post contract related matters including dispute resolution.

Venue Details

Wyndham Grand Bangsar Kuala Lumpur (Formerly Known As Pullman Bangsar Kuala Lumpur)
No 1, Jalan Pantai Jaya, Tower 3, 59200 Kuala Lumpur, - 59200
Phone : (603) 2298 1888
Fax : (603) 2298 1888

https://all.accor.com/hotel/ 7962/index.en.shtml

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Session 1: Importance Of Base Line Program
  • Session 2: Delay Analysis Techniques
  • Session 3: Contentious Issues In Delay Analysis
  • Session 4: Disruption And Society Of Construction Law Protocol
  • Session 5: Window Analysis Demystified; A Detailed Case Study
  • Session 6: Global Claims And Records
  • Session 7: The Claim Process
  • Session 8: Dispute Resolution In Construction Contracts
OBJECTIVE

It is a common fact that construction projects normally get delayed for several reasons like resource constraints, late authority approvals or simply due to scope increase and client’s change of mind. When a project is delayed, the contractor is losing money on site expenses and overheads and the delay claims are most debated in final account negotiations. Delayed projects also cost money to the developer as the delayed possession prevents him to earn out of the asset that is being constructed.

Unfortunately, the FIDIC or other standard form of Contracts offers no guidance on dealing with delay and disruption claims. Independent professional agencies like SCL and AACE tried to streamline the concepts and offer some assistance for the construction industry but unless someone explains the principles with relevance to your area of work, these resources are hardly useful.

Claims are an integral part of construction business. By its very nature, construction is a risky business and with the involvement of different stakeholders with conflicting interests, it is only natural to have claims and disputes in this industry. The positive fact about construction claim is that the Contract itself provides remedies for dealing with the claim arising from the contract. Despite that simplicity, claims seem to be a nightmare to contractors and even to the Owners. An unresolved claim will manifest into a dispute and resolving a dispute is an expensive process. Have you ever thought why a claim, which appears to be genuine but fails in an adjudication process?

Assessment of claims (both for preparation and defense) requires sound subject knowledge (both technical and contractual), persuasive skills in writing and pleading and an analytical mind to connect the dots and establish the causation link.

This 2-day course has been specifically designed to equip its participants with a holistic overview of the key components critical to the various stages of project construction. This event will feature current strategies, tools, and techniques to counter some of the specific project management challenges pertaining to operational efficiency, methods to maximize the use of resources, delay analysis, risk and claims assessment.

Come and join the course, where the Course Leader will lead you from fundamentals to some contentious issues like float ownership, concurrent delay etc., The information presented will be useful for Contract Managers, Project Managers, Quantity Surveyors and of course for Planners.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Understanding the various types of delays and their impact on the project completion.
  2. Evaluating the delay analysis submitted by the Contractor and how to review it.
  3. Learning the different delay analysis methods and when to use a specific method in a project.
  4. Having thorough knowledge and understanding of concurrent delays and contractor’s entitlements in a concurrent delay situation.
  5. Learning the difference between delay and disruption claims.
  6. Understanding the global claims and why such claims rarely succeed.
  7. Learning how to draft various claim documents like notice of claim, claim narrative, executive summary, and appendices.
  8. Having a deep understanding of various dispute resolution methods used in construction contracts and the pros and cons of each method.
  9. Learning about the international protocols and how it is useful in your disputes.
  10. Knowing the role of experts and when and how to use them effectively.

In nutshell, you will fully understand the nuances of construction industry claims and disputes and after the course, you will be able to effectively manage your claims for the benefit of your employer.

Unbiased training suitable for Both Contractors And Subcontractors, Project Engineers, Contract Administrators And Developers And Investors

WHO SHOULD ATTEND
  • Project Managers
  • Project Engineers
  • Contract Administrators
  • Contractors and Subcontractors
  • Planning Engineers/Planning Managers
  • Construction Managers
  • Forensic Claim Consultants
  • Legal Professionals who act as counsel in construction disputes
  • Investors
  • Developers/Corporates who work in construction and infrastructure development
  • Contract and Commercial Managers
METHODOLOGY
  • Pre-Course survey
  • Interactive Lectures
  • Presentations
  • Case Studies
  • Role Play Exercises
  • Quiz
  • QA sessions
  • Post event webinar for one hour within 3 months for doubt clearing
DAY 1
9:00

SESSION 1: IMPORTANCE OF BASE LINE PROGRAM

  • Introduction To Construction Programs/ CPM
  • Establishing A Robust Base Line Program
  • Logical Relationships And Their Relevance In Delay Analysis
  • Importance of Regular Program Updates
  • What Is A Delay?
  • When You Are Entitled For Compensation (for delays)
  • Validating Base Line Program
  • Constructing A Factual AS BUILT Program
10.45

SESSION 2: DELAY ANALYSIS TECHNIQUES

  • Classification (of delays)
  • Excusable Delay, Compensable Delay, Critical Delay And Concurrent Delay
  • Event Analysis Sheet And Delay Register
  • Template For Collection Of Delay Data From Construction Site, Collation Of Data
  • Delay Analysis Techniques (DAT)
    o Impacted As Planned
    o Time Impact Analysis
    o As Planned And As built
    o Collapsed As Built
  • The Strengths And Weaknesses Of Each Of The Above Method
  • Choosing The Appropriate Delay Analysis Method
1:00 Lunch
2:00

SESSION 3: CONTENTIOUS ISSUES IN DELAY ANALYSIS

  • Float Ownership
  • Owner’s View Of Float Ownership
  • Contractor’s View Of Float
  • Guidance From Society Of Construction Law On Float Ownership
  • Concurrent Delays
  • What Is Concurrent Delay?
  • Legal Principles Associated With Concurrent Delay
    o Prevention Principle
    o Dominant Theory
    o Apportionment Analysis
    o Malmaison Approach/SCL Guidance
  • Constructive Acceleration
    o Acceleration Defined
    o How To Claim Construction Acceleration
  • Pacing Delays
3:45

SESSION 4: DISRUPTION AND SOCIETY OF CONSTRUCTION LAW PROTOCOL

  • Disruption Claims
  • What Is “Disruption”?
  • Why Disruption Claims Are Tricky
  • Establishing A Successful Disruption Claim
  • Productivity And Factors Affecting Productivity
  • Quantifying Disruption Claims
  • Measured Mile Analysis
  • Calculating Prolongation Costs
  • Society Of Construction Law Protocol
  • New Developments And Rider 1
5:00 End of Day 1
DAY 2
9:00

SESSION 5: WINDOW ANALYSIS DEMYSTIFIED; A DETAILED CASE STUDY

  • Contractual Entitlement For Delays
  • Importance Of A Valid Contract And Essential Elements Of Contract
  • Brief Introduction Of Standard Form Of A Contract
  • Dealing With Time/Delay Under FIDIC 99 Contract
  • Detailed Case Study Of A Sample Project Using Various Delay Analysis
    Techniques
    o Baseline And Critical Path
    o Delay Events
    o Impacted As Planned
    o As Planned As Built
    o As Planned But For From Contractor View
    o As Planned But For From Owner View
    o Collapsed As Built
    o Window Slice Analysis
    o Time Impact Analysis

10.45

SESSION 6: GLOBAL CLAIMS AND RECORDS

  • Global Claims; Introduction
  • Guidance From Case Law
  • When The Global Claims Will Be Acceptable
  • Employer Claims Under FIDIC 99
    o Importance Of Notice By Employer
    o Engineer Determination And Agreement
    o Various Clauses In FIDIC Authorizing Entitlement
  • Contractor Claims Under FIDIC 99
    o Strict Notice Procedures Explained
    o Condition Precedent
    o Detailed Claim Procedure
    o Claim For Money
  • When A Contractor Can Claim Cost
  • Events Giving Entitlement For Profit Claim
  • Importance Of Contemporary Records
1:00 Lunch
2:00

SESSION 7: THE CLAIM PROCESS

  • Invisible Claim Chain
  • Causation Link Explained
  • The Claim Cycle
  • Various Phases In Claim Management
  • Importance Of Claim Management
  • How To Effectively Communicate
  • How To Defend Contractor’s Claims
  • Claim Process In Nutshell
  • When To Approach A “Claim Expert”?
  • Role Of A Claim Expert
  • Value Added Services By Expert
3:45

SESSION 8: DISPUTE RESOLUTION IN CONSTRUCTION CONTRACTS

  • Multi-tier Dispute Resolution Mechanism Explained
  • The Three Pillars Of Dispute Resolution
    o Negotiation Methods
    o Mediation Techniques
    o Adjudication Pillar And Associated Methods
  • Statutory Adjudication Versus Contractual Adjudication
  • Introduction To Dispute Boards (FIDIC Model)
  • Timeline For Resolving Disputes Under FIDIC
  • Arbitration Process Explained
  • Tips For Avoiding Disputes
5:00 End of Course