Corporate Training
Contract and Claims
Course Objectives
By the end of the course, participants will be able to:
- Identify and avoid causes for contractual claims and change orders
- Outline the major types of change orders and draft a variation order and a notice of breach
- Recognize and analyze the different types of owners’ claims and contractors’ claims and explain how to deal with each type
- Demonstrate, through actual situations, the different approaches to handle claims, variation orders and conflicts through mutual collaboration
- Apply negotiation as a main concept in resolving disputes and conflicts in order to reach a final settlement
Course Outline
- Overview
- Elements of a contract
- Contract terms and conditions
- Basic concepts in contract law:
- Force majeure
- Notices: the neglected clause
- Breach of contract
- Right to remedy
- Indemnifications and liabilities
- Contract termination
- Why do claims occur: the red flags
- Change requests
- Definitions of claims and disputes
- Claim process
- Change management
- Why change management
- Change order
- Agreement on estimating process
- Types of changes and variations
- Directed changes
- Constructive changes
- Cardinal changes
- Process of change management
- Writing a variation order
- Claims nature and types
- Documentation of the event – notices
- Procedure and presentation of contractor’s claims
- Drafting a notice
- Owner’s claims
- Defective work
- Warranty claims
- FIDIC owner’s claims
- Contractor’s claims
- Changed conditions
- Constructive changes
- Delays and suspensions
- Deficiencies in plans and specifications
- Program extensions
- FIDIC contractor’s claims
- Delayed drawings or instructions
- Right of access to the site
- Unforeseeable physical conditions
- Delays caused by authorities
- Reaching a settlement
- Drafting a claim
- Claim evaluation
- Resolving claims and disputes
- Monetary damages
- Disputes and settlement of disputes
- Alternative dispute resolution:
- Negotiation: common practices
- Mediation: neutral third party
- Arbitration: binding and non-binding
- Resolution through legal means
- Negotiation
- Partnering with suppliers
- Negotiation objectives
- Communication and negotiation
- Negotiating claims
IPSCMI – USA
The International Purchasing and Supply Chain Management Institute (IPSCMI), USA is a prestigious professional institute offering purchasing and supply chain management certifications throughout the world in all modes of instruction.
APICS – USA
The American Production and Inventory Control Society (APICS), USA is the global leader in supply chain organizational transformation, innovation and leadership. APICS offers a variety of certifications for different needs, so you’re sure to find one that meets your professional goals.
CILT – UK
The Chartered Institute of Logistics and Transport (CILT), UK is the leading professional body for everyone who works in supply chain, logistics and transport. CILT members work in every sector of the industry: Ports and factories, air and sea, transport planning and demand planning, freight, and warehousing.
CIPS – UK
The Chartered Institute of Procurement & Supply (CIPS), UK is the world’s largest professional body serving Procurement and Supply. CIPS offers globally recognized qualifications to help professionals and organizations excel in procurement and supply.
ACI
The American Certification Institute, is a premier professional certification institute well-known in the United States and the world. ACI provides training, testing, and certification issuance for a number of important business-related programs, and does training for certifications issued by the International Purchasing and Supply Chain Management Institute and other professional institutes in the US.
PMI – USA
Project Management Institute (PMI), USA is the leading professional association for project management, and the authority for a growing global community of millions of project professionals and individuals who use project management skills.
IATA – Canada
The International Air Transport Association (IATA) is the trade association for the world’s airlines, representing some 300 airlines or 83% of total air traffic. IATA has partnered with Blue Ocean Academy to deliver IATA Courses in UAE and India. We are an IATA award winning Training Institute.
Course Objectives
By the end of the course, participants will be able to:
- Identify and avoid causes for contractual claims and change orders
- Outline the major types of change orders and draft a variation order and a notice of breach
- Recognize and analyze the different types of owners’ claims and contractors’ claims and explain how to deal with each type
- Demonstrate, through actual situations, the different approaches to handle claims, variation orders and conflicts through mutual collaboration
- Apply negotiation as a main concept in resolving disputes and conflicts in order to reach a final settlement
Course Outline
- Overview
- Elements of a contract
- Contract terms and conditions
- Basic concepts in contract law:
- Force majeure
- Notices: the neglected clause
- Breach of contract
- Right to remedy
- Indemnifications and liabilities
- Contract termination
- Why do claims occur: the red flags
- Change requests
- Definitions of claims and disputes
- Claim process
- Change management
- Why change management
- Change order
- Agreement on estimating process
- Types of changes and variations
- Directed changes
- Constructive changes
- Cardinal changes
- Process of change management
- Writing a variation order
- Claims nature and types
- Documentation of the event – notices
- Procedure and presentation of contractor’s claims
- Drafting a notice
- Owner’s claims
- Defective work
- Warranty claims
- FIDIC owner’s claims
- Contractor’s claims
- Changed conditions
- Constructive changes
- Delays and suspensions
- Deficiencies in plans and specifications
- Program extensions
- FIDIC contractor’s claims
- Delayed drawings or instructions
- Right of access to the site
- Unforeseeable physical conditions
- Delays caused by authorities
- Reaching a settlement
- Drafting a claim
- Claim evaluation
- Resolving claims and disputes
- Monetary damages
- Disputes and settlement of disputes
- Alternative dispute resolution:
- Negotiation: common practices
- Mediation: neutral third party
- Arbitration: binding and non-binding
- Resolution through legal means
- Negotiation
- Partnering with suppliers
- Negotiation objectives
- Communication and negotiation
- Negotiating claims
IPSCMI – USA
The International Purchasing and Supply Chain Management Institute (IPSCMI), USA is a prestigious professional institute offering purchasing and supply chain management certifications throughout the world in all modes of instruction.
APICS – USA
The American Production and Inventory Control Society (APICS), USA is the global leader in supply chain organizational transformation, innovation and leadership. APICS offers a variety of certifications for different needs, so you’re sure to find one that meets your professional goals.
CILT – UK
The Chartered Institute of Logistics and Transport (CILT), UK is the leading professional body for everyone who works in supply chain, logistics and transport. CILT members work in every sector of the industry: Ports and factories, air and sea, transport planning and demand planning, freight, and warehousing.
CIPS – UK
The Chartered Institute of Procurement & Supply (CIPS), UK is the world’s largest professional body serving Procurement and Supply. CIPS offers globally recognized qualifications to help professionals and organizations excel in procurement and supply.
ACI
The American Certification Institute, is a premier professional certification institute well-known in the United States and the world. ACI provides training, testing, and certification issuance for a number of important business-related programs, and does training for certifications issued by the International Purchasing and Supply Chain Management Institute and other professional institutes in the US.
PMI – USA
Project Management Institute (PMI), USA is the leading professional association for project management, and the authority for a growing global community of millions of project professionals and individuals who use project management skills.
IATA – Canada
The International Air Transport Association (IATA) is the trade association for the world’s airlines, representing some 300 airlines or 83% of total air traffic. IATA has partnered with Blue Ocean Academy to deliver IATA Courses in UAE and India. We are an IATA award winning Training Institute.