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Managing Claims & Disputes Proactively
- Learn the value of planning how to avoid disputes from the beginning of the project
- Understand the “ins and outs” of a comprehensive scheduling specification and learn what needs to be included in a scheduling specification
- Become knowledgeable about the value and use of a thoroughly drafted Payment for Changes clause
- Learn the cost, the value, and the benefits of using a dispute resolution board
- Be able to identify the benefits and use of escrow bid documents, project partnering, pre-construction audits, project trending, and short interval schedule submittals
- Understand the use of standing negotiation teams and decision ladders
- Learn some new ways to mitigate delay damages and avoid the need for difficult cost negotiations and audits in the event of owner caused a delay
- Gain insight into ways to resolve claims on the projects and avoid the need to close out projects in a courtroom or arbitration hearing room
- The webinar will conclude with a checklist of actions owners can take to avoid disputes at the end of the project
- Although the webinar is intended primarily for owners and their representatives, contractors will better understand the intent and operation of such clauses should they become involved in a project which has adopted some or all of these approaches
Overview of the webinar
Construction projects are a fertile breeding ground for claims – unless everything on the project proceeds exactly as planned. To avoid all claims there must be no changes, no delays, no shortage of qualified craft labor, no late delivery of equipment and materials, no bad weather, etc. It is highly unlikely that anyone has ever built this project in history. Even the pyramids in Egypt had changes, delays, and construction problems. However, claims (requests for additional time or money under the provisions of the contract) do not have to result in disputes. Disputes arise when contractors and owners cannot resolve claims by negotiation and turn unresolved issues over to attorneys to resolve them in the legal arena. This webinar is designed to show owners and their representatives how disputes can be avoided at the end of the project through upfront dispute resolution planning during the design, bid and construction phases of a project. The webinar discusses four types of reviews that should be applied to contract documents; the need for a comprehensive scheduling specification and payment for changes article; how to reduce claims based on large numbers of RFIs; how to pre-purchase owner caused delay and lock in daily delay costs at the time of bidding; how to predict the weather for the project; and other techniques designed to precludes disputes at the end of the project by resolving issues without going to arbitration or litigation.
Who should attend?
- Owners
- Design professionals
- Owner site representatives
- Construction managers
- Attorneys
- Contractors
- Subcontractors
Why should you attend?
Webinar attendees will have a better understanding of how owners, designers, and owner representatives can structure project documents to provide for the resolution of claims on projects and avoid legal disputes at the end. Attendees will get concrete ideas on how to craft an appropriate Scheduling specification; a Change Order payment specification; an Escrow Bid Document system; a Dispute Resolution Ladder system; a Delegation of Authority; a Project Trending System; etc. These ideas and more are intended to provide mechanisms to handle and resolve construction claims on the site. Attendees will –
- Learn the value of planning how to avoid disputes from the beginning of the project
- Understand the “ins and outs” of a comprehensive Scheduling specification
- Become knowledgeable about the value and use of a thoroughly drafted Payment for Changes clause
- Learn some new ways to mitigate delay damages and avoid the need for difficult cost negotiations and audits in the event of owner caused a delay
- Gain insight into ways to resolve claims on the projects and avoid the need to close out projects in a courtroom or arbitration hearing room
Faculty - Mr.James G. Zack
Jim is the Senior Advisor, Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was eh founder and Executive Director of the Navigant Construction Forum™. Formerly he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for 47 years, worked on both private and public projects throughout the U.S. and in 28 countries abroad. Mr. Zack is a Fellow of AACE International, the Royal Institution of Chartered Surveyors, and the Guild of Project Controls. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC) and a Project Management Professional (PMP). Mr. Zack is an internationally recognized author and speaker in the construction claims and disputes arena.