Managing Change Orders and Contractual Claims CM110 Why Attend The overall aim of this course is to provide participants with introductory knowledge and basic skills needed to deal with claims, variations and disputes between the principals and the contractors. Participants in this interactive course will learn how to analyze contractual issues, identify techniques that are helpful in handling difficult situations and recognize the best practices in resolving disputes amicably. Course Methodology This course relies on the use of individual and group exercises aimed at helping participants learn all key Contract Management activities. The course also features the use of a number of case studies, presentations and role plays by participants followed by discussions. In addition, this course incorporates pre and post testing. Course Objectives By the end of the course, participants will be able to: Identify and avoid causes for contractual claims and change orders Outline the major types of change orders and draft a variation order and a notice of breach Recognize and analyze the different types of owners' claims and contractors' claims and explain how to deal with each type Demonstrate, through actual situations, the different approaches to handle claims, variation orders and conflicts through mutual collaboration Apply negotiation as a main concept in resolving disputes and conflicts in order to reach a final settlement Course Outline Overview Elements of a contract Contract terms and conditions Basic concepts in contract law: Force majeure Notices: the neglected clause Breach of contract Right to remedy Indemnifications and liabilities Contract termination Why do claims occur: the red flags Change requests Definitions of claims and disputes Claim process Change management Why change management Change order Agreement on estimating process Types of changes and variations Directed changes Constructive changes Cardinal changes Process of change management Writing a variation order Claims nature and types Documentation of the event – notices Procedure and presentation of contractor’s claims Drafting a notice Owner’s claims Defective work Warranty claims FIDIC owner’s claims Contractor’s claims Changed conditions Constructive changes Delays and suspensions Deficiencies in plans and specifications Program extensions FIDIC contractor’s claims Delayed drawings or instructions Right of access to the site Unforeseeable physical conditions Delays caused by authorities Reaching a settlement Drafting a claim Claim evaluation Resolving claims and disputes Monetary damages Disputes and settlement of disputes Alternative dispute resolution: Negotiation: common practices Mediation: neutral third party Arbitration: binding and non-binding Resolution through legal means Negotiation Partnering with suppliers Negotiation objectives Communication and negotiation Negotiating claims