Effective Contract Administration Claims Management and Negotiating Win-Win Settlements

This program provides a comprehensive practical briefing on the issues and details of effective contract administration, claims management and negotiating settlements through a unique multidiscipline (Technical-Legal-Management-Audit-Finance) look at the issues. All Good Business Contract Decisions take into account Multi-discipline Inputs.

CONTENT

The Management-Engineering-Legal-Scheduling-Audit Issues on Contracts:

Rights Duties and Implied Obligations of the Parties under:

• Your Contract
• Under Local Laws Regulations
• Under International Law

Rules and Doctrines of Precedence and Interpretation of Contracts Contractual Obligations:

• As decided by Courts.
• As applied by Arbitrators.
• Interpretations during Contract Execution.

Making Tendering Procedures More Effective:

• Prequalification Procedure.
• Tendering Procedure Public Tender Law.
• Tender/Bid Evaluation.
• Transferring Risks not legally effective Just by Drafting
• When Risk Transfer is actually considered Complete in Law?

Advantages Disadvantages and When to Use:

• Cost Reimbursable Contracts.
• Fixed Price/ Lump Sum Bill of Quantities.
• Construction Manager Contracts.
• Single General Contractor Multiple Prime.
• Fast Track Contracting.
• Turn Key Contract
• Joint Ventures.

Design Supervision Contracts:

• How to protect your interests the issues.
• Selection Managing Audit Control of Consultant's Design Activity.

Consultant Contracts:

• Analysis and Contract Administration.
• Conditions to Check for and Include to Protect Owner's Interests.
• Consultant's Insurance Exclusions Warranties.

Claims on projects:

• Nature of Claims.
• Constructive Variations Issues.
• Liability Establishment.
• Causation Proof.
• Damage Quantification.
• Fair Reasonable Price Determination and Impact Calculation (VO’s Claims):
• Direct Costs.
• Indirect Costs Overheads.
• Other Contractual Factors to Consider.

Managing Meetings for Negotiating Settlement of Disputes Claims

• Preparation.
• Presentation.
• Deadly Negotiating Skills.
• Games/Tricks Others May Play.
• Bargaining Strategies Tactics.

Dispute Resolution:

• Options Contractual Arrangement.
• Settlement by Negotiations.
• Mediation Arbitration Courts.
• Cost-Benefit Considerations.
• Management Audit Concerns.     
• Worthwhile Project Closedown Reporting.

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.