Managing Contracts and Contract Claims

Introduction:

The Managing Contracts and Contract Claims program is exhaustive in both effective contract administration and management. It also focuses on reducing occurrences of disputes and claims while providing strategies on how to handle claims. By covering various types of contract claims and their causes, such as misunderstandings and non-performance of obligations, this course is suitable for beginners and practitioners pursuing as contract managers.

Objectives:

People involved in this Managing Contracts and Contract Claims will:

• Locate claim and counterclaim origins in both local and international facets.
• Efficiently differentiate and manage claims and counterclaims, including deploying counterclaims against payers.
• Assess potential sources of conflict and implement prevention measures.
• Create and manage contracts, including handling vague processes and frivolous claims.
• Intensify negotiation skills for peaceful dispute resolution.
• Familiarize with dispute resolution practices and procedures.
• Understand bargaining approaches during conflicts.
• Utilize contract provisions to shield against claims and disputes.
• Appreciate legal solutions and their extent in international contexts.
• Facilitate the reduction of litigation risks and disputes.

Training Methodology:

• Interactive approach.
• Case study
• Forums or group discussions.
• Simulations or role-play activities.
• Problem-solving workshops.

Course Outline:

Unit 1: How Claims and Counterclaims Arise

• Common causes of claims: misdefined scope, ambiguity in requirements, or misunderstandings.
• Scope and specification issues in works/services.
• Legal and technical boundary misunderstandings.
• Set-off clauses and the rules governing changes, urgency, execution periods, and acts of God.
• Basic contract clauses covering claims and counterclaims.

Unit 2: Types of Claims and Counterclaims

• Types of claims in construction and their specific attributes.
• Disputes over re-measurement and variations.
• Changes and breach of contract, poor workmanship, and return of goods.
• Warranty claims and interface issues.
• Documentation considerations in EPC and turnkey contracts.

Unit 3: Presenting and Evaluating Claims and Counterclaims

• Types of information required for claim presentation.
• Notices, correspondence, time limits, and supporting documents.
• Key characteristics of claim evaluation and management processes.
• Identifying the reasons for claims and filing necessary documentation.
• Evaluating claims and determining reasonable settlements.
• Involvement of attorneys, decision trees, and managing the legal process.

Unit 4: Dispute Resolution

• Definition and meaning of disputes.
• Introduction to dispute resolution techniques.
• Negotiation strategies, win-win outcomes, and dealing with "without prejudice" negotiations.
• Non-monetary and business-focused negotiations.
• Reducing interpersonal conflicts and resolving them early.
• Legal and non-legal forms of dispute resolution, including courts and arbitration.

Unit 5: Issues with Evidence and Document Production

• Assisted negotiation, mediation-arbitration, and expert determination.
• Non-binding evaluations and model arbitration.
• Ethical considerations and the role of morality in claims processes.
• Comparison of mediating processes with other dispute resolution methods.
• Avoiding conflicts through strategic actions.