Claims Analysis and Dispute Resolution

Purchasing, Logistics & Supply Chain Management

---

---

Objectives

·         Offer a comprehensive understanding of advanced techniques in making, defending and resolving claims

·         Enhance understanding of basic negotiation techniques to be used when resolving disputes

·         Explain what constitutes a claim

·         Discuss the rules for preparing a claim

·         Respond to the filing of a claim

·         Identify common causes of claims and disputes, and how to avoid them

·         Develop an understanding of Traditional and Alternative Dispute Resolution techniques, including different ways of resolving disputes without recourse to courts or arbitration

·         Provide strategies and tactics for negotiating during disputes

 

 Course Outline

 

Day1: Introduction

• Definition of "claim”
• Sources of claims
• Stages of the claim
• Notices and Claims Procedure
• Claims for delay
• Extension of Time (EOT)
• Force Majeure
• Delay Damages

   Day2: Claim Types

• Acts of God/Weather
• Cardinal Change
• Constructive Change
• Defective and Deficient
• Contract Documents
• Delays
• Differing Site Conditions
• Directed Change
• Disruption
• Implied Warranty
• Impossibility of Performance
• Mal-administration
• Owner Furnished Items
• Strikes
• Superior Knowledge
• Suspensions
• Termination
• Unjust Enrichment
• Variations in Quantities

 

Day3: Claims negotiation and settlement

• Claims analysis
• Global method for delay analysis
• Net method for delay analysis
• As planned method for delay analysis
• As built method for delay analysis
• As planned vs. as built method for delay analysis
• Time impact analysis method for delay analysis
• Windows snapshot method for delay analysis

   Day4: Critical path methods

• Alternative Means of Demonstrating Entitlement
• Alternative means of Disproving Entitlement
• Delay Problem Areas
• Concurrency
• Acceleration
• Time at Large

Claims for Additional Payment

• Ground Conditions
• Late Possession
• Breaches of Contract

 

 

Day5: Termination and Suspension

• Default
• Force Majeure
• Financial Consequences

Alternative Dispute Resolution (ADR) methods:

• What is ADR?
• What can ADR do?
• The limitation of ADR

Arbitrating Claims

• ICC Rules
• LCIA Rules
• Selecting Arbitrators