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Successful Management Of Delay And Disruption Claims In Construction Projects

23-24 Jun, 2025, Wyndham Grand Bangsar Kuala Lumpur

IPA Training is Registered with

Venue Details

Wyndham Grand Bangsar Kuala Lumpur
1, Jalan Pantai Jaya Tower 3, Kuala Lumpur, 59200 MY,

https://wyndhamgrand bangsarkl.com.my/


Phone : 60322981888

Contact us

FOR COURSE DETAILS

Juliany,

Office: 03 2283 6109

Mobile: +60 122281247

juliany@ipa.com.my

Phoebe,

Office: 03 2283 6100

Mobile: +60 193637822

phoebe@ipa.com.my

Bee Teng,

Office: 03 2282 6112

Mobile: +60 172566121

beeteng@ipa.com.my

FOR CUSTOMISED IN-HOUSE TRAINING

Jane,

Office: 03 2283 6101

Mobile: +60 129418251

jane@ipa.com.my

Keith,

Office: 03 2283 0000

Mobile: +60 162272735

keith@ipa.com.my

ADDRESS

A-28-5, 28th Floor, Menara UOA Bangsar,
No.5, Jalan Bangsar Utama 1,
59000 Kuala Lumpur

FOCUSING ON
  • Session 1: All About Base Line Program
  • Session 2: Delay Analysis Techniques
  • Session 3: Contentious Issues In Delay Analysis
  • Session 4: Differentiating Disruption From Delays
  • Session 5: Window Analysis Demystified; A Detailed Case Study
  • Session 6: What Is A Global Claim?
  • Session 7: The Claim Process Explained
  • Session 8: Dispute Resolution In Construction Contracts
OVERVIEW

It is a common fact that construction projects normally get delayed for several reasons. 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.

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.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. IDENTIFYING early warning indicators of delays.
  2. ASSESSING and quantifying the extent of delays and disruptions to apportion liability fairly.
  3. LEARNING the benefits and limitations of Forensic Schedule and Delay Analysis techniques.
  4. EQUIPPING yourself with new approaches to managing delays and claims.
  5. APPLYING workable recovery plans, acceleration and extension of time to avoid major time overruns.
WHO SHOULD ATTEND

This course is recommended for all Senior Professionals in the Construction Industry working with Developers, Project Management Consultants and Contractors/Subcontractors. Planning Engineers, Forensic Delay Analysts, Contract and Commercial Managers, Contract Administrators, Project Directors/Managers and Quantity Surveyors will find this course useful with hands-on learning and invaluable tips from an international consultant and trainer with 39 years of experience.

METHODOLOGY
  • Interactive Lectures
  • Presentations
  • Case Studies
  • Role Play Exercises
  • Quiz
  • Q & A Sessions
DAY 1
9:00

SESSION 1: ALL ABOUT BASE LINE PROGRAM

Establishing a robust base line program; Importance of baseline program and its regular
monthly updates; understanding delay and
entitlement due to delay; revalidation of
baseline program; constructing factual as-built
program; practice issues

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) like Impacted
as planned, Time impact analysis, As planned and As built and Collapsed As Built;
The strengths and weaknesses of each of the above method; Choosing the appropriate delay analysis method; Relevant Issues not
Addressed by Existing Delay analysis methods

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; demystifying Concurrent
Delays, Legal principles associated with
concurrent delay like Prevention principle,
Dominant theory, Apportionment analysis and
Malmasion approach/SCL guidance; Principles
of acceleration, types of acceleration like instructed, own initiative and Constructive
Acceleration; Pacing delays, direct and indirect
pacing, owner’s and contractor’s arguments

3:45

SESSION 4: DIFFERENTIATING DISRUPTION FROM DELAYS

What is “disruption”; compare and contrast
with delay; Why disruption claims are tricky;
Establishing a successful disruption claim;
Productivity and factors affecting productivity; Quantifying disruption claims, measured mile
analysis; Calculating prolongation costs, issues
arising in international arbitrations and courts

5:00 End of Day 1
DAY 2
9:00

SESSION 5: WINDOW ANALYSIS DEMYSTIFIED; A DETAILED CASE STUDY

Contractual entitlement for delays; Dealing with
time/delay under standard form of contracts;
Detailed case study of a sample project using
various delay analysis techniques like Baseline
and critical path, Impacted As planned, As planned As built, As planned but for from
Contractor view, As Planned but for from owner
view, Collapsed as built, Window slice analysis
and Time impact analysis


10.45

SESSION 6: WHAT IS A GLOBAL CLAIM?

Understanding Global claims; Why they
are not acceptable; case laws; When the global
claims will be acceptable; recent trends in
global claims; Society of construction law
protocol relating to global claims; Owner’s claims and Contractor’s claims in standard
forms of contracts; condition precedent
explained; Importance of contemporary
records; Record versus witness statement and
Courts view on contemporary records

1:00 Lunch
2:00

SESSION 7: THE CLAIM PROCESS EXPLAINED

Invisible claim chain, Causation link explained,
Practical examples; 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, Layman’s
view, Structuring the whole process of claim;
When to approach a “Claim Expert”? Role of
a claim expert and 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; Statutory adjudication;
Contractual adjudication; Introduction to
dispute boards; CIPAA; Timeline for
resolving disputes under standard contracts; Arbitration process explained; Tips for avoiding
disputes for Owners and Contractors

5:00 End of Course