An in-depth course on preparation, presentation and defense of construction claims; how to improve the environment of this conflict-ridden construction industry; various dispute resolution methodologies in resolving disputes without litigation.

Construction industry is dispute prone due to its mega size, larger value and longer duration with various stakeholders operating with conflicting interests. Even the standard forms of Contracts like FIDIC and JCT provide minimal assistance in evaluating the delay claims for example. Thankfully we international protocols like Society of Construction law addressing these issues, but the delay and disruption claims are indeed a mystery even for experienced professionals with conflicting expert reports and opinions.

The Indian construction industry is growing at an exponential rate. It is expected that over the next 4 years the Indian construction industry would be registering an annual growth of 6.3% and India’s infrastructure investment will be in the range of US$ 1.3 trillion (INR 104.2 trillion). Such an exponential growth in the industry has also attracted project delays and cost overruns. For example, in survey1 of Out of 1521 projects, 380 infrastructure projects have cost overruns of INR 4.58 Lakh crores (cost overrun 22%) 642 Projects are in delay (56%)

Disputes are expensive and often it takes several years to get resolved. The delays in resolving disputes in a timeous manner is putting huge pressure on the performance of all stakeholders and the supply chain. Enthusiastic project managers of the contractors are keen to progress the works without paying due attention to the timely notices and submission of claims. It culminates to poor record keeping and lack of contemporaneous records to substantiate the claims. How often we see that even genuine claims fail due to lack of records!

All these shortcomings require good claim administration; the Parties should cooperate and minimize the disputes and if unavoidable, there has to be swift mechanism to resolve the disputes because we all know that justice delayed is justice denied.

This advanced certificate program is ideal for construction engineers (Any discipline), cost engineers/quantity surveyors, scheduling/planning engineers, design engineers, legal professionals, auditors and construction finance professionals and project managers.

Module 1 Fundamentals of claim management

Conflict, claim, and dispute contrasted, the invisible ‘claim’ chain, type of claims in construction contracts, what is substantial breach, claim as a cost recovery mechanism, guidance from standard form of contract (FIDIC) for an extension of time, importance of a timely notice, what is condition precedent and how to draft a valid notice (of claim), importance of contemporaneous records.

Module 2 Extension of Time/Prolongation claims and Delay analysis techniques

Validation of a baseline program, correct procedure to update records in an electronic software like Primavera, classification of delays like excusable and non-excusable, when a delay would be compensable

Detailed explanation of each methodology and its limitations, prospective analysis and retrospective methods, inputs required for each of these methods, step by step procedure to prepare Time impact Analysis and Window slice analysis and issues not addressed by the DAT

Module 3 Contentious issues in delay analysis methods

Float ownership, definition of a concurrent delay, entitlement when there is a concurrent delay in a construction project, case law guidance for dealing with concurrent delays, acceleration claims and pacing delays

Understanding the Society of Construction law protocol, guidance to award EOTs, choice of a delay analysis methodology under different circumstances.

Module 4 Disruption claims and calculation of prolongation costs

Delay and disruption contrasted, methods to substantiate disruption costs, measured mile analysis, how incorrectly the prolongation costs are calculated in the industry, direct costs, indirect costs and recovery of overheads using formulae, pitfalls in global claims approach, role of a quantity surveyor in construction claims.

Module 5 Preparation and presentation of claims and role of experts

Best practices in claim preparation and presentation, importance of precise writing, how to draft claims in a persuasive manner, how to compile a claim document, guidance to Engineer to defend contractor’s claims, simple techniques to demystify the complex claim process, role

of an expert, when to seek assistance from an expert, understanding the role of consulting and witnessing experts.

Module 6 Dispute resolution in construction contracts

Need of multi-tier dispute resolution, why litigation is not suitable for construction disputes, what is ADR, the three pillars of ADR, mediation, negotiation techniques, statutory and contractual adjudication explained, Dispute boards in FIDIC contracts,

Module 7 Construction arbitration (A Primer)

Drafting an arbitration clause, pre-requisites for commencing an arbitration, concept of seat is explained, substantive and procedural law matters, formation of a tribunal, Statement of Claim and Statement of defence, preliminary meeting, oral hearing, issue of award and enforcement of arbitration awards, ad hoc versus institutional arbitration, domestic and international arbitration. Do’s and Don’ts in arbitration for all Parties.

Module 8 Practical tips to manage claims in construction contracts

Practical tips from industrial experts like lawyers, Experts and Arbitrators in dealing with construction/infrastructure disputes, Is dispute avoidance an achievable goal in construction contracts? Partnership contracting, worldwide case studies of successful partnership contracts

Module 1: Fundamentals of Claim Management

Module 2: Extension of Time/Prolongation claims and Delay analysis techniques

Module 3: Contentious issues in delay analysis methods

Module 4: Disruption claims and calculation of prolongation costs

Module 5: Preparation and presentation of claims and role of experts

Module 6: Dispute resolution in construction contracts

Module 7: Construction Arbitration (A primer)

Module 8: Practical tips to manage claims in construction contracts

Virtual instructor led tutoring/training; this training would be provided by senior management professionals who are practicing in the construction industry for over 30 years in India and abroad. MLS is collaborating with an international contract management consultancy to develop and deliver the program as their Knowledge Partner (C Cubed consultants limited).?

Quiz and case study submissions.?

MLS is associating with an international contract management consultancy by name C Cubed Consultants limited?(www.ccubedconsultants.com) to create and deliver this unique program.

C Cubed consultants have extensive experience in providing industry specific bespoke training programs and some of their clients are listed below

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