Training Course on Construction Claims Management

Course Description

A contract is a legally binding document which administers the rights and obligations of the parties to the agreement. The parties in a construction contract shall fulfill their obligations as specified in the contract and should a contract breach occur, there are different remedies that are available to the injured party. The claim can be defined as ‘the assertion of a right by a party to an extension of the contract period and/or to payment arising under the express or implied terms of the contract’.  Under the construction contract, various types of claims  may be made by a party against another party.

A party who treats the claim process proactively from the beginning are better equipped to avoid the pain of a denied claim and the expense of a subsequent appeal. The claim preparation shall be carried out under four steps such as research, analysis, evaluation and effective writing. The important aspects of a claim are that either party shall make a claim against the other and defending such a claim is very important to avoid the damages that arise due to the same.

This Training Course on Construction Claims Management offered by Phoenix Center for Policy, Research and Training will provide a holistic education/training to the delegates for the best practice in the preparation and presentation of construction contract claims, defending claims for opposing parties. A clear understanding of dealing with the claim from initial appraisal through to taking the claim to the dispute resolution process. In order to understand the construction contractual claim process and its importance in a project, it is essential for all the employers, consultants, contractors to train their employees on the procedures involved in the preparation of the claim. Phoenix Center for Policy, Research and Training has designed this module in an easier way to understand all the approaches involved in the construction contract claims and its settlements.

Course Objectives

Upon the successful completion of this Training Course on Construction Claims Management, participants will be able to:

• Provide contractual advice and identify the risks involved in construction contractual claims
• Prepare effective claims using the delay analysis techniques and associated costs
• Understand the procedures for record keeping.
• Determine the liability and quantify the damages
• Evaluate change orders and their impact in the claim process
• Compile a claim in a logical sequence that will make it easy for readers to comprehend
• Assess the merits and defend the claims
• Develop clear, structured narratives that empower the reader to reach faster, more logical conclusions
• Understand the types of dispute resolution techniques

Training Methodology

The course is designed to be highly interactive, challenging and stimulating. It will be an instructor led training and will be delivered using a blended learning approach comprising of presentations, discussions, guided sessions of practical exercise, case study review, web-based tutorials, group work, exploration of relevant issues collaborative strength training, performance measurement, and workshops of participants’ displays, all of which adhere to the highest standards of training. The training technique is built on learning by doing, with lecturers using a learner-centered approach to engage participants and provide tasks that allow them to apply what they’ve learned. Experiential knowledge is also given equal importance within the format of training. Our facilitators are seasoned industry professionals with years of expertise in their chosen fields. All facilitation and course materials will be offered in English.

Who Should Attend?

This Training Course on Construction Claims Management would be suitable for, but not limited to:

• Contract Specialists and Professionals
• Risk managers
• Mediators, Arbitrators and Adjudicators
• Planning Engineers & Quantity Surveyors
• Commercial Directors
• Claims Engineers
• Contractors and Contractor’s Representatives
• Project Managers

Course Content

Module 1: Introduction to Construction Contract Claims

• Definition
• Construction claims – events and circumstances
• The basis of claims
• Claims under the construction contract
• Standard forms and applications

Module 2: Types of Construction Claims

• Claims for variations
• Claims for extension of time
• Acceleration and disruption claims
• Claims for additional payments
• Claims for damages under law

Module 3: Time

• Time of the essence
• Time at large
• Concurrency
• Acceleration
• The SCL extension of time protocol

Module 4: Essential Element of a Successful Construction Claim

• Cause
• Effect
• Entitlement
• Substantiation
• Documentations

Module 5: Monitoring the Construction Claims for Prevention

• Form of instructions
• Programme and progress
• Records and particulars
• Delays after the Time for Completion
• Claim prevention

Module 6: Formulation and Presentation of Construction Claims

• Research and investigating project documentations
• Structure of the report
• Use of the programme in a claim
• Delay analysis using planning techniques
• Prolongation cost claims

Module 7: Response To Construction Claims: Counter Claims

• Introduction
• Review of claims
• Defending the claim
• Counter claim
• Liquidated damages and general damages

Module 8: Avoidance, Resolution and Settlement of Disputes

• Dispute Avoidance
• Amicable Settlement
• Negotiation
• Mediation
• Arbitration

Requirements

• Participants should be reasonably proficient in English.
• Applicants must live up to Phoenix Center for Policy, Research and Training admission criteria.

NOTE

1. Discounts: Organizations sponsoring Four Participants will have the 5th attend Free
2. What is catered for by the Course Fees: Fees cater for all requirements for the training – Learning materials, Lunches, Teas, Snacks and Certification. All participants will additionally cater for their travel and accommodation expenses, visa application, insurance, and other personal expenses.
3. Certificate Awarded: Participants are awarded Certificates of Participation at the end of the training.
4. The program content shown here is for guidance purposes only. Our continuous course improvement process may lead to changes in topics and course structure.
5. Approval of Course: Our Programs are NITA Participating organizations can therefore claim reimbursement on fees paid in accordance with NITARules.

Booking for Training

Simply send an email to the Training Officer on training@phoenixtrainingcenter.com and we will send you a registration form. We advise you to book early to avoid missing a seat to this training.

Or call us on +254720272325 / +254737566961

Payment Options

We provide 3 payment options, choose one for your convenience, and kindly make payments at least 5 days before the Training start date to reserve your seat:

1. Groups of 5 People and Above – Cheque Payments to: Phoenix Center for Policy, Research and Training Limited should be paid in advance, 5 days to the training.
2. Invoice: We can send a bill directly to you or your company.
3. Deposit directly into Bank Account (Account details provided upon request)

Cancellation Policy

1. Payment for all courses includes a registration fee, which is non-refundable, and equals 15% of the total sum of the course fee.
2. Participants may cancel attendance 14 days or more prior to the training commencement date.
3. No refunds will be made 14 days or less before the training commencement date. However, participants who are unable to attend may opt to attend a similar training course at a later date or send a substitute participant provided the participation criteria have been met.

Tailor Made Courses

This training course can also be customized for your institution upon request for a minimum of 5 participants. You can have it conducted at our Training Centre or at a convenient location.

For further inquiries, please contact us on Tel: +254720272325 / +254737566961 or Email training@phoenixtrainingcenter.com  

Accommodation

Accommodation is arranged upon request and at extra cost. For reservations contact the Training Officer on Email: training@phoenixtrainingcenter.com or on Tel: +254720272325 / +254737566961