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Description

This is a unique professional development opportunity for both contractors and buyers of construction to tap into the vast experience and knowledge Stephen has gathered over his career as a leader in providing dispute resolution services.

 

 

Day 1 -   Program

 

1. INTRODUCTION - OVERVIEW

  • Claim definition - prerequisites for a valid claim - contract and tort liability - usual reasons for disputes

 

2. OWNER'S AVOIDANCE/DEFENCE OF CLAIMS

  • Proper project administration - notice provisions - record keeping - monitoring - earned value

 

3. COMMUNICATION

  • As a medium to avoid claims - to present claims and getting email under control

 

4. CLAIMS BY OWNER

  • Contractor refuses to sign contract (Contract A & B) - various tender cases - Contractor walks off the job - delays completion - liquidated damages - Contractor finishes with deficiencies - cost vs. diminished value - claims against design consultants a developing trend

 

5. WORKSHOP 1 - TWO CANADIAN COURT CASES

 

6. CLAIMS BY CONTRACTOR

  • Restricted access - changed conditions - late and/or incomplete drawings or equipment - active interference with the Contractor means and methods - constructive acceleration - termination and suspension

 

Day 2 - Program

 

7. DELAY ANALYSIS

  • Types of delay - means and methods of analyzing delay - parallel and concurrent delay and the notion of pacing

 

8. DAMAGE QUANTIFICATION

  • Pros and cons regarding the various means of quantifying cost - direct and indirect cost - equipment ownership - the failings of the Total Cost approach

 

9. CHANGE ORDER MANAGEMENT

  • Do Contractors like changes - dealing with the impact on productivity - ensuring compensation for changes - should Change Orders be qualified - quantifying and describing cumulative impact

 

10. WORKSHOP 2

  • In workshop format the quantification of a claim will be examined so as to review delay costs - productivity claims and identify areas of duplication and inflation

 

11. WORKSHOP 3 - CANADIAN COURT CASE

 

12. PRODUCTIVITY ANALYSIS/IMPACT COST CLAIMS

  • Factors which affect productivity - discussion on different methods of calculating productivity claims, i.e. differential cost method - measured mile approach - estimated cost - industry charts - total cost method

 

13. DISPUTE RESOLUTION

  • Strengths and weakness of alternate strategies such as negotiation - partnering - mediation - project neutral - arbitration - litigation - discussion on available strategies during and after construction is complete - controlling costs and advisors whilst in the process of resolving disputes

 

Speaker

 Stephen Revay

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