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Managing Construction Disputes Intelligently

Construction projects are a fertile breeding ground for claims – unless everything on the project proceeds exactly as planned. To avoid all claims there must be no changes, no delays, no shortage of qualified craft labor, no late delivery of equipment and materials, no bad weather, etc. It is highly unlikely that anyone has ever seen this project in history. Even the pyramids in Egypt had changes, delays and construction problems. However, claims (requests for additional time or money under the provisions of the contract) do not have to result in disputes. Disputes arise when contractors and owners cannot resolve claims by negotiation and turn unresolved issues over to attorneys to resolve them in the legal arena. This webinar is designed to show owners and their representatives how disputes can be avoided at the end of the project through upfront dispute resolution planning during the design, bid and construction phases of a project.Many owners do not give sufficient thought to the management of construction claims or the avoidance of legal disputes on projects during the planning and design phases of a contract. Then when change orders arise and/or claims are filed the is a lack of agreement on issues such as direct vs. indirect labor; how the contractor must demonstrate project delay; whether and when the contractor is entitled to extend overhead costs; how RFIs are to be managed; what is “unusually severe weather” and how this must be documented; and what are some ways to mitigate claims and avoid legal disputes on construction projects.Areas CoveredLearn the value of planning how to avoid disputes from the beginning of the projectUnderstand the “ins and outs” of a comprehensive scheduling specification and learn what needs to be included in a scheduling specificationBecome knowledgeable about the value and use of a thoroughly drafted Payment for Changes clauseLearn the cost, the value and the benefits of using a dispute resolution boardBe able to identify the benefits and use of escrow bid documents, project partnering, pre-construction audits, project trending, and short interval schedule submittalsUnderstand the use of standing negotiation teams and decision laddersLearn some new ways to mitigate delay damages and avoid the need for difficult cost negotiations and audits in the event of owner caused a delayGain insight into ways to resolve claims on the projects and avoid the need to close out projects in a courtroom or arbitration hearing roomThe webinar will conclude with an eleven-point checklist of actions owners can take to avoid disputes at the end of the projectAlthough the webinar is intended primarily for owners and their representatives, contractors will better understand the intent and operation of such clauses should they become involved in a project which has adopted some or all of these approachesCourse Level - All LevelsWho Should AttendOwners and their representativesConstruction ManagersContractorsDesign Professionals providing services during constructionWhy Should You AttendThe webinar discusses four types of reviews that should be applied to contract documents; the need for a comprehensive scheduling specification and payment for changes article; how to reduce claims based on large numbers of RFIs; how to pre-purchase owner caused delay and lock in daily delay costs at the time of bidding; how to predict the weather for the project; and other techniques designed to precludes disputes at the end of the project by resolving issues without going to arbitration or litigation.

Construction projects are a fertile breeding ground for claims – unless everything on the project proceeds exactly as planned. To avoid all claims there must be no changes, no delays, no shortage of qualified craft labor, no late delivery of equipment and materials, no bad weather, etc. It is highly unlikely that anyone has ever seen this project in history. Even the pyramids in Egypt had changes, delays and construction problems. However, claims (requests for additional time or money under the provisions of the contract) do not have to result in disputes. Disputes arise when contractors and owners cannot resolve claims by negotiation and turn unresolved issues over to attorneys to resolve them in the legal arena. This webinar is designed to show owners and their representatives how disputes can be avoided at the end of the project through upfront dispute resolution planning during the design, bid and construction phases of a project.

Many owners do not give sufficient thought to the management of construction claims or the avoidance of legal disputes on projects during the planning and design phases of a contract. Then when change orders arise and/or claims are filed the is a lack of agreement on issues such as direct vs. indirect labor; how the contractor must demonstrate project delay; whether and when the contractor is entitled to extend overhead costs; how RFIs are to be managed; what is “unusually severe weather” and how this must be documented; and what are some ways to mitigate claims and avoid legal disputes on construction projects.

Areas Covered

  • Learn the value of planning how to avoid disputes from the beginning of the project
  • Understand the “ins and outs” of a comprehensive scheduling specification and learn what needs to be included in a scheduling specification
  • Become knowledgeable about the value and use of a thoroughly drafted Payment for Changes clause
  • Learn the cost, the value and the benefits of using a dispute resolution board
  • Be able to identify the benefits and use of escrow bid documents, project partnering, pre-construction audits, project trending, and short interval schedule submittals
  • Understand the use of standing negotiation teams and decision ladders
  • Learn some new ways to mitigate delay damages and avoid the need for difficult cost negotiations and audits in the event of owner caused a delay
  • Gain insight into ways to resolve claims on the projects and avoid the need to close out projects in a courtroom or arbitration hearing room
  • The webinar will conclude with an eleven-point checklist of actions owners can take to avoid disputes at the end of the project
  • Although the webinar is intended primarily for owners and their representatives, contractors will better understand the intent and operation of such clauses should they become involved in a project which has adopted some or all of these approaches

Course Level - All Levels

Who Should Attend

  • Owners and their representatives
  • Construction Managers
  • Contractors
  • Design Professionals providing services during construction

Why Should You Attend

The webinar discusses four types of reviews that should be applied to contract documents; the need for a comprehensive scheduling specification and payment for changes article; how to reduce claims based on large numbers of RFIs; how to pre-purchase owner caused delay and lock in daily delay costs at the time of bidding; how to predict the weather for the project; and other techniques designed to precludes disputes at the end of the project by resolving issues without going to arbitration or litigation.