This seminar is intended to give attendees an understanding of how claims are caused by problematic contractual clauses and poor project management performance. The attendees will learn how to analyze claims using specific schedule analysis methodologies and damages calculations. In addition, the seminar explains how to prevent or mitigate claims by using various project management techniques.
- Identification of problematic contract clauses
- Assessment of problems associated with poor project management performance
- Explanation of various schedule analysis methodologies
- Validation and correction of as-planned and as-built schedules
- Construction claims in South America
- How to analyze cumulative impact claims
- How to deal with concurrent delays
- What steps should be taken during the project to prevent claims
- The attendee will be able to discuss problematic contract clauses.
- The attendee will be able to identify scheduling and delay analysis methodologies.
- The attendee will be able to review claims prevention.
8:30 a.m. - 8:45 a.m.
A. What Causes Claims?
B. Systematic Claims Resolution Methodology
8:45 a.m. - 9:30 a.m.
II. Problematic Contract Clauses
B. The 'No Damage For Delay' Clause
C. Ownership Of Float
D. The Contractor's Right To Finish Early
E. Liquidated Damages
F. Contractor Progress And Acceleration
H. Failure To Provide Notice
I. Requirements Of Owner-Furnished Material
J. Approval Times
K. Cooperation And Coordination Responsibilities
L. Exculpatory Clauses And Disclaimers
M. Subcontractor Problems
9:30 a.m. - 10:20 a.m.
III. Assessment Of Problems Associated With
Poor Project Management Performance
A. The Importance Of Sound Project Management Practices
B. Project Management Requirements Stated In The Contract
C. Project Management Practice Generally Accepted In The Industry
D. Measuring Conformance To The Project Management Requirements Of The Contract
E. Measuring Conformance To Generally Accepted Project Management Practices
F. Allocation Of Responsibility For Project Management Problems To Delay And Damages Calculations
G. Examples Of Project Management Problems From Actual Cases And How They Were Analyzed
10:20 a.m. - 10:30 a.m.
10:30 a.m. - 12:00 p.m.
IV. Scheduling And Delay Analysis
A. Identification Of Schedule Analysis Windows
B. Development Of Reasonable As-Planned Schedules
C. Verification Of Actual Dates And Correction Of The As-Built Schedules
D. Development Of As-Built Simulation Schedules
E. Preparation Of Duration And Lag Variance Tables
F. Identification Of Delays And Allocation Of Delay Responsibility
G. Schedule Calculations To Determine Delay Liability
H. Advantages And Disadvantages Of Various Schedule Analysis Methodologies
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
V. Analysis Of Concurrent/Pacing Delay
A. Concurrent/Pacing Delay Concepts Defined
B. An Owner's Perspective
C. A Contractor's Perspective
D. Analysis Of Literary Data
E. Analysis Of Common Contract Requirements
F. Analysis Of Current Case Law
G. Steps Required To Prove Concurrent/Pacing Delays
1:45 p.m. - 2:35 p.m.
VI. Cumulative Impact Claims
A. Cumulative Impact Defined
B. Case Law And Industry Research Support The Basis Of A Cumulative Impact Claim
C. How Cumulative Impact Claims Fit Into The Overall Damages Methodology
D. Measured Mile Analysis
E. The Leonard Study And Standard Cumulative Impact Methodologies
F. Alternative Cumulative Impact And Labor Inefficiency Methodologies
G. Examples Of Cumulative Impact Calculations
H. The Importance Of Cause/Effect Matrices
2:35 p.m. - 2:45 p.m.
2:45 p.m. - 3:30 p.m.
VII. Construction Claims In South America
A. South America Contracting Overview
B. Common Contract Types For South American Projects
C. Typical Dispute Resolution Approaches
D. The Business Climate And Culture In South America – How This May Affect The Claim Resolution Process
3:30 p.m. - 4:15 p.m.
VIII. Claims Prevention
A. Quality Contract Documents
B. Management Of Outside Design Professionals
C. Constructibility And Biddability Reviews
D. Site Investigation
E. Review And Approval Of Detailed As-Planned Schedules
F. Claims Mitigation During Construction
G. Project Reviews
H. Contractor's Risk Analysis
4:15 p.m. - 4:30 p.m.
IX. Questions And Answers