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Overview of Construction Claims and Disputes

This webinar discusses the 11 basic types of construction claims included in most standard contracts used throughout the U.S. – AIA, Consensus DOCS, EJCDC, etc. The webinar outlines the entitlement and causation elements of each type of claim that the claimant must demonstrate to justify their right to prevail. The webinar highlights the following construction claims – claims for directed changes; constructive changes; differing site conditions; directed suspensions of work; constructive suspensions; force majeure events; delays; accelerations; constructive accelerations; terminations for convenience; and terminations for default. The webinar also identifies several types of owner claims against contractors. The elements of the burden of proof required of all claimants are presented. The basic requirements concerning damages are covered. A discussion of claims under various project delivery methods and a summary of an accepted claims preparation and analysis methodology are included in this webinar. The webinar will conclude with an outline of various dispute resolution methodologies. Areas Covered Identifies the most common causes of construction claims Discusses the “universe of construction claims”Explores both contractor and owner claims against the other partyDemonstrates how the basic three-part test of a claim (entitlement, causation, and damages) applies to each type of claimEducates attendees on how to prepare and present or analyze and settle or defend against construction claimsSet forth a typical claim for damagesDiscusses construction claims under various project delivery methodsSets forth various dispute resolution methodologies and the dispute resolution staircase Who Should Attend Owner and Contractor Project ManagersResident Engineers or ArchitectsAgency Construction ManagersConstruction Managers @ RiskDesign ManagersLegal Counsel representing owners or contractorsWhy Should You Attend Recognize that all parties to a construction contract anticipate changes and claimsBe exposed to the fundamentals of contracts and claimsExplore the “universe of construction claims”Demonstrate how the basic three-part test of a claim (entitlement, causation, and damages) applies to each type of claimUnderstand the burden of proof requirement all claimants (both owners and contractors) must meetEducate attendees on how to prepare and present or analyze and settle or defend against construction claimsLearn how contractors and owners must deal with construction claims situations and eventsAppreciate the downside risk of leaving claims and disputes to fester until the end of a projectTopic BackgroundThis webinar surveys the entire field of construction claims – contractor claims against owners and owner claims against contractors. The webinar reviews the three-part test (entitlement, causation, and damages) that all claimants must meet and how this test applies to all claims. It also surveys how claims apply under all current forms of project delivery to illustrate that there is no such thing as a “bullet proof” contract.

This webinar discusses the 11 basic types of construction claims included in most standard contracts used throughout the U.S. – AIA, Consensus DOCS, EJCDC, etc. The webinar outlines the entitlement and causation elements of each type of claim that the claimant must demonstrate to justify their right to prevail. The webinar highlights the following construction claims – claims for directed changes; constructive changes; differing site conditions; directed suspensions of work; constructive suspensions; force majeure events; delays; accelerations; constructive accelerations; terminations for convenience; and terminations for default. The webinar also identifies several types of owner claims against contractors. The elements of the burden of proof required of all claimants are presented. The basic requirements concerning damages are covered. A discussion of claims under various project delivery methods and a summary of an accepted claims preparation and analysis methodology are included in this webinar. The webinar will conclude with an outline of various dispute resolution methodologies.

Areas Covered

  • Identifies the most common causes of construction claims
  • Discusses the “universe of construction claims”
  • Explores both contractor and owner claims against the other party
  • Demonstrates how the basic three-part test of a claim (entitlement, causation, and damages) applies to each type of claim
  • Educates attendees on how to prepare and present or analyze and settle or defend against construction claims
  • Set forth a typical claim for damages
  • Discusses construction claims under various project delivery methods
  • Sets forth various dispute resolution methodologies and the dispute resolution staircase 

Who Should Attend    

  • Owner and Contractor Project Managers
  • Resident Engineers or Architects
  • Agency Construction Managers
  • Construction Managers @ Risk
  • Design Managers
  • Legal Counsel representing owners or contractors

Why Should You Attend

  • Recognize that all parties to a construction contract anticipate changes and claims
  • Be exposed to the fundamentals of contracts and claims
  • Explore the “universe of construction claims”
  • Demonstrate how the basic three-part test of a claim (entitlement, causation, and damages) applies to each type of claim
  • Understand the burden of proof requirement all claimants (both owners and contractors) must meet
  • Educate attendees on how to prepare and present or analyze and settle or defend against construction claims
  • Learn how contractors and owners must deal with construction claims situations and events
  • Appreciate the downside risk of leaving claims and disputes to fester until the end of a project

Topic Background

This webinar surveys the entire field of construction claims – contractor claims against owners and owner claims against contractors. The webinar reviews the three-part test (entitlement, causation, and damages) that all claimants must meet and how this test applies to all claims. It also surveys how claims apply under all current forms of project delivery to illustrate that there is no such thing as a “bullet proof” contract.