Claims Management in Private Construction Contracts

TEACHING UNIT 1. COURSE OVERVIEW Introduction Course Objectives Structure TEACHING UNIT 2. CONTRACTS AND GOVERNING LAW The contract is the law between the parties The law governing the contract Key legal concepts Interpretation of contracts Types of contracts Contract clauses of particular importance Contractual procedures LEARNING UNIT 3. THE CAUSE-AND-EFFECT RELATIONSHIP IN CLAIMS The cause-and-effect principle The basis for the claim What can be claimed? The effects under the contract/law Evidence TEACHING UNIT 4. COMMON GROUNDS FOR CLAIMS Grounds for claims Claims arising from poor contract drafting and the allocation of contractual risks Claims arising from changes in the definition and scope of the work Claims arising from changes in the conditions for performing the work Claims arising from the financial terms of contracts TEACHING UNIT 5. TIME-RELATED CLAIMS. THE SCHEDULE General Considerations Excusable and Unexcusable Delays Claims for Delay Contractual Clauses Regarding Delays Construction Schedules Planning Use of the Schedule as Evidence of Delays Damages for Delays TEACHING UNIT 6. CLAIMS BASED ON OTHER CAUSES General Considerations Risk Allocation Methods for Minimizing Claims Financial Claims Handling of Claims The Cause-and-Effect Relationship TEACHING UNIT 7. METHODS OF VALUATION Valuation criteria The total cost method Quantum Meruit Valuation based on resources Valuation of downtime for machinery and equipment Valuation of price adjustments Valuation of interest Valuation of Other Claimable Items Valuation of Losses in Performance Valuation of Acceleration TEACHING UNIT 8. PREPARING AND FILING A CLAIM Steps to Take Before Preparing and Filing a Formal Claim When to File a Formal Claim Tasks Prior to Drafting a Claim Recommended Minimum Content for a Claim Amicable Negotiation TEACHING UNIT 9. COMMON DISPUTE RESOLUTION METHODS Overview of the most commonly used dispute resolution methods in the construction industry The main characteristic of these methods: The party responsible for resolving the dispute Mediation Adjudication Arbitration