Management of Contracts and Contract Claims
Contracts Administration and Management
£5250.00
Introduction
International contracts aim to minimise disputes, but disagreements remain inevitable. Such disputes can arise due to party failures or misunderstandings regarding contract obligations. The Management of Contracts and Contract Claims training course delves into the intricacies of claims and counterclaims. It explores how to reduce or avoid these through effective contract management, evaluates claims upon receipt, and addresses dispute resolution methods. Above all, the course emphasizes strategies for preventing disputed claims.
This training course addresses commercial disputes in contracts written in English and utilizes techniques applicable to resolving various dispute types. It covers:
Causes of claims and disputes
Improving contracts management to reduce disputes and expedite resolutions
Negotiation skills applicable to various scenarios
Methods for dispute resolution beyond courts and arbitration
Impact of foreign legal systems
Management of dispute resolution processes
TRAINING OBJECTIVES
This training course aims to enable participants to:
Understand the origins of claims and counterclaims
Differentiate between claims and counterclaims
Identify common causes of claims and disputes and methods to prevent them
Develop contract management procedures to mitigate disputes while addressing unjustified claims
Enhance negotiation skills for dispute resolution
Understand dispute resolution methods involving third parties
Grasp Traditional and Alternative Dispute Resolution techniques, including resolving disputes without court or arbitration involvement
Employ contract provisions to minimise claim and dispute risks
WHO SHOULD ATTEND?
This comprehensive training course is valuable for:
Contracts Analysts
Contract Engineers
Cost/Planning Engineers
Individuals involved in tendering/contracting functions
Project Managers
Contract Administrators
Contracting Unit Supervisors
Claims Managers and Business Audit Officers
Contract Strategists
General Managers involved in contract negotiation and disputes
Commercial Managers
Legal Department staff seeking new techniques and an international approach
Anyone involved in dispute strategy and management
TRAINING APPROACH
This training course is conducted with high interactivity and delegate participation. The trainer employs real examples, including personal experiences, and engages delegates in discussions and role-play negotiation sessions to resolve disputes in realistic scenarios.
Participants are encouraged to bring real problem examples for confidential discussion and to share industry-specific issues. The course also allocates time for general discussions and one-on-one discussions with the trainer.
TRAINING OUTLINE
Day 1: Causes and Differences in Claims and Counterclaims
Typical Causes of Claims
Poor Requirements Drafting
Lack of Clarity in Scope of Work/Services
Misunderstanding Legal or Technical Obligations
Claims and Counterclaims by Clients and Contractors/Suppliers
Deliberate "Misunderstanding"
Rights of Set-Off
Key Contractual Provisions Relevant to Claims and Counterclaims
Obligation to Perform Work
Standards
Programme
Acceleration
Variations
Extension of Time
Force Majeure
Day 2: Types of Claims and Counterclaims
Distinctive Features of Different Claim Types in Construction and Other Sectors
Re-Measurement Disputes
Valuation Disputes for Variations
Variations - Disputes on Change Occurrence
Contract Breaches
Workmanship Quality
Re-Work
Goods Rejection
Liquidated Damages and Penalties
Warranty Claims
Unique Aspects of EPC/Turnkey Contracts
Interface Problems: Contractor Responsibility
Handling Change with Limited Client Involvement
Documentation Challenges in EPC/Turnkey Contracts
Day 3: Presenting and Evaluating Claims and Counterclaims
Claim Presentation Requirements
Notices
Timing and Time Limits
Binding Nature of Time Limits
Format
Information
Supporting Documents
Claims Evaluation and Management Essentials
Identifying Claim Causes
Dispute Warning Signs
Recording Claims
Reviewing Claims
Requesting Additional Information
Realistic Assessment
Admissions and Denials Timing
Settlement Offers
Independent Review
Cumulative Effects
Effective Claims Management for Dispute Avoidance
Involvement of Legal Counsel
Legal Process Management
Goal Setting
Decision Trees
Cost Control Considerations
Day 4: Dispute Resolution
Understanding Disputes
Introduction to Dispute Resolution Methods and Techniques
Internal Dispute Resolution Within Contracts
Win-Win Negotiation Measures of Success
Defining Wins for Parties
Negotiating Without Prejudice
Offer Making
Compromise
Bargaining
Interest-Based Negotiations
Transitioning from Rights-Based Thinking
Expanding Resolutions to Additional Issues
Non-Financial Solutions
Long-Term Business Relations
Conflict Identification and Resolution
Defusing Conflict
Preventing Disputes from Escalating
Traditional Dispute Resolution
Litigation
Use of Foreign Courts
Enforcement
Arbitration
Domestic Arbitration
International Arbitration
Single or Panel Arbitration
Enforcement Challenges
Evidence and Document Production Differences Among Alternative Dispute Resolution Methods
Mediation
Med/Arb and Arb/Med
Adjudication
Expert Determination
Early Neutral Evaluation
Mini-Arbitration
Dispute Review Boards
Day 5: Ethics and Dispute Avoidance
Ethical Concerns
Audit Trails
Maintaining Ethical Conduct Perception
Ethical Considerations in Interest-Based Settlements
Applying Anti-Corruption Systems to Claims as in Tendering
Prevention Trumps Resolution
Preventing Claims and Counterclaims
Preventing Disputes
Avoiding Litigation and Arbitration
Practical Implementation of Techniques
Role-Playing Straightforward Negotiation Scenarios Involving Typical Contractual Claims, Counterclaims, and Disputes
Certificate of Completion: Upon successful completion of the course, participants will receive a Certificate of Completion from Al-Majd Pathways Centre (APC).