Learn how to recognize, file, prove, negotiate, and win construction contract claims
Inherent in all construction projects are the uncertainties that may cause cost overruns and extended time of performance. To manage these risks the parties, need to identify the potential risks that may be encountered, assign responsibility for managing or minimizing the risk (among contracting parties or shift to a third party), and implement a plan to avoid or minimize the potential impact of such risks.
When disputes arise, the successful defense/resolution of a claim is dependent upon the level of information that can be gleaned from the project record and the manner in which this information is presented so as to clearly and concisely articulate, to both a trier of fact and the opposing party, the basis for the position offered.
Drawing upon the knowledge and experience gained over the years on prior assignments and having seen the issues from both sides of the table, this material will discuss the steps necessary to productively and effectively cut through the documentation and address the heart of the problems and better understand the strengths and weaknesses of all parties’ respective positions.
Learning Objectives
- You will be able to identify how the various contract delivery systems and typical construction contract provisions affect the type and likelihood of claims.
- You will be able to recognize importance of proper project recordkeeping to facilitate the resolution of disputes.
- You will be able to discuss how management and timely resolution of change orders and disputes can impact the overall cost and time of performance.
- You will be able to explain the steps to minimize the occurrence and severity of disputes.
Agenda
Introduction
- Construction Claims Process
Construction Litigation Process - Overview of the Different Forums That May Be Specified or Utilized to Resolve Disputes and What to Expect and How to Prepare
- Disputes Review Boards
- Mediation
- Arbitration
- Trial
Alternative Contract Delivery Systems - How the Type of Contract Delivery System Selected Impacts the Ability of the Parties to Timely Resolve Disputes
- Design-Build
- Design Assist
- Progressive Design-Build
- Design-Bid-Build
- Construction Manager at Risk
- Multiple Prime Contracts
Steps to Minimize the Occurrence and Severity of Disputes
- Understanding Parties’ Contractual Responsibilities
- When to Notify Other Parties of Potential Claim
- Importance of Proper Recordkeeping
- Why Claims Are Not Resolved at the Project Level
Key Elements of Presenting/Defending a Construction Claim
- Establishing a Cause-Effect Analysis
- Evaluating Strengths and Weaknesses of All Parties
- Third-Party Trier of Fact - Lessons Learned
Speakers
James F. Gallagher,
Resolution Management Consultants, Inc.- Principal with Resolution Management Consultants, Inc. possessing over 30 years of engineering, project/construction management, estimating, scheduling and construction claims analysis experience
- Practice emphasizes all areas of construction/project management and dispute avoidance and construction claims resolution
- Presenter of numerous programs to various public agencies and to the general public on topics of claims avoidance and dispute resolution
- Chairman of ASCE’s Transportation & Development Institute Highway Construction Committee
- Liaison for Associated General Contractors/National Association of State Facilities Administrators
- Licensed/registered professional engineer in 15 states
- Fellow, American Society of Civil Engineers (ASCE)
- B.S. degree in civil engineering, Drexel University
- Can be contacted at j.gallagher@resmgt.com or 800-390-8800
Who Should Attend
This webinar is designed for presidents, vice presidents, contractors, subcontractors, engineers, architects, project managers, contract managers, contract administration professionals, developers, real estate professionals, accountants, and attorneys.
