The course ‘Claims Management in Private Construction Contracts’ offers you the opportunity to gain an insight into a constantly expanding sector. The private construction sector is experiencing an unprecedented boom, and with it, a growing need for professionals capable of managing contractual claims effectively. On this course, you will acquire essential skills to to identify the common causes of complaints and understand the cause-and-effect relationship in every argument. You’ll learn to vto assess and lodge complaints in a convincing manner, as well as to to have a thorough understanding of dispute resolution systems more effective. This knowledge will enable you to stand out in a highly competitive job market, where the demand for contract management experts is growing. By choosing this course, you will position yourself as a key professional capable of successfully navigating the complexities of the private construction sector.
Claims management in private works contracts
Construction Management and Regulations
45 hours
Introduction
Objectives
- Understand the contract and the applicable law in private construction projects.
- Identify the cause-and-effect relationship-effect in claims.
- Identifying common causes regarding construction site claims.
- Analyse complaints from deadline and his impact in the programme.
- Assess others common causes complaints relating to building works.
- Apply methods from assessment to make a complaint.
- Explore systems standard dispute resolution procedures.
Table of Contents
TEACHING UNIT 1. INTRODUCTION TO THE COURSE
Introduction
Course objectives
Structure
TEACHING UNIT 2. CONTRACTS AND APPLICABLE LAW
A contract is the law between the parties
The law governing the contract
Key legal concepts
The interpretation of contracts
Types of contract
Contractual clauses of particular importance
Contractual procedures
TEACHING UNIT 3. THE CAUSE-AND-EFFECT RELATIONSHIP IN A COMPLAINT
The cause-and-effect principle
The grounds for the claim
What can be claimed? The consequences under the contract/law
The test
TEACHING UNIT 4. COMMON GROUNDS FOR COMPLAINTS
The grounds for the claim
Claims arising from the poor drafting of the contract and the allocation of contractual risks
Claims arising from changes to the definition and scope of the works
Claims arising from changes to the conditions under which the work is carried out
Claims arising from the financial terms of contracts
TEACHING UNIT 5. TIME-LIMITED CLAIMS. THE PROGRAMME
General considerations
Excusable and unexcusable delays
Claims for delays
Contractual clauses relating to delays
Construction programmes
Planning
Using the programme as evidence of delays
Damages for delays
TEACHING UNIT 6. COMPLAINTS ON OTHER GROUNDS
General considerations
Risk distribution
Ways to minimise claims
Financial claims
Handling of complaints
The cause-and-effect relationship
TEACHING UNIT 7. METHODS OF VALUATION
The assessment criteria
The total cost method
Quantum Meruit
Resource-based valuation
Valuation of idle machinery and equipment
Assessment of the price review
Interest assessment
Valuation of other recoverable items
Assessment of yield losses
Acceleration measurement
TEACHING UNIT 8. DRAFTING AND SUBMITTING A COMPLAINT
Steps to be taken prior to preparing and submitting a formal complaint
When to lodge a formal complaint
Steps to take before writing a complaint
Minimum recommended content for a recommendation
Amicable negotiation
TEACHING UNIT 9. COMMON DISPUTE RESOLUTION METHODS
An overview of the most commonly used dispute resolution methods in the construction sector
The main feature of these methods: The person who has to solve the problem
Mediation
"Adjudication"
Arbitration
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