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Contract Claims, Variations & Disputes Masterclass

Training by  Informa Australia
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On-Site / Training

Details

How many times have legitimate claims for money and/or time been overlooked or rejected because they have not been identified or substantiated?

This practical course is based around carefully designed case studies that highlight what should happen, where people have gone wrong and best practices that you can utilise. It aims to ensure your issues are identified, managed and agreed within the restrictions imposed by any agreement or contract.

Where the contract or agreement provides little or no guidance regarding claims or disputes, the course will discuss what options are available, and how they should be implemented.

The management of contract issues includes a number steps which should be followed to ensure the best possible outcome is achieved. Therefore, the course will consider what information is required to properly substantiate and justify entitlement.

The course will also look at how that information should be presented, what methods of evaluation are available and when to use them. It mixes updates in theory and concepts with practical wisdom.

For more information and discounts, please contact Sushil on 02 9080 4395 or email us at [email protected]

Outline

Review of key contract administration elements (and contract provisions regarding contract administration) that can impact claims

  • The concept of Privety
  • Terms of contract versus conditions of contract in the claims process
  • Waiver versus forebearance
  • Order of precedence
  • Other relevant points

Review of claims and the claims process

  • When do claims arise?
  • Most common claims relating to costs and or time
  • Basic/complex claims
  • Common subject of claims (non or part payment of variations/late payment/D&D/poor or inadequate contract documents etc)

Discussion
Comparing and contrasting claims and how they could have been avoided in the first place

Claims management

  • Collect and review data regularly
  • Highlight potential issues as they arise
  • Identifying specific claims
  • Following the timing within the contract/or be reasonable
  • Issue with applications for payment
  • Maintain communication to achieve agreement
  • Activity: How should a potential claim be handled?

Workshop
Troubleshooting a complex, multifaceted construction industry claim – learn from what went wrong, and how the ‘impasse’ was eventually satisfactorily resolved:

  • Consider entitlement – is it reasonable?
  • Issue notices in accordance with contract
  • Can it be valued using the contract?
  • If contract is not an option what basis can be used (discuss alternatives)
  • Supporting documents
  • Activity: What should be considered when valuing claims?
  • Case study: Best practice management of defects – the contractual remedies and the practical procedures for ensuring they are realised

Claims assessment

  • Consider entitlement
  • Sufficient information
  • Basis of calculation reasonable
  • Comply with contract when notifying (ref: Construction Contracts Act)
  • Can claim be passed on – if so is further info required

Addressing disputes

  • Various approaches to dispute resolution process
  • Explanation of the various steps of the process
  • The contract administrator’s role in each stage
  • Overview of managing lawyers who are involved in the process
  • Management reporting of the progress of dispute resolution process
  • Explaining the various alternatives – Escalation, facilitation, mediation, arbitration litigation etc
  • Case study: Understanding and resolving an international contracting dispute without lawyers

Claims specific negotiation and behavioural skills

  • Using ‘soft’ skills in the context of very ‘hard’ negotiation circumstances
  • How to deal with the ‘tough guy’ in an arising dispute claims situation
  • Tactics you can expect to encounter when the going gets tough – and how to counter them using both technical tactics and behavioural knowledge
  • Key principles of the behavioural approach to claims negotiation
  • Principles of Cognitive Behavioural (self) LeadershipTM in claims negotiation

Activity: Negotiation workshop
In this workshop activity participants will be guided through an exercise based on a ‘real life’ experience/case study. At the end of each stage of the exercise, participants will be told what happened in the real case. This information will then be used as the basis for progressing through the next stage of the workshop

Speaker/s

Sean McCarthy

Prior to the study and practise of law, Sean spent over 20 years in building and construction in various roles featuring project management. He ran his own successful building company in Melbourne for 7 years. Here he navigated contract and site management as well as dealing with planning and regulatory issues.

Over the last decade, Sean has focused on construction, procurement, contracts and general property and commercial law in both his studies and in legal practice. He has been “in-house” legal practitioner for a major ACT government directorate providing advice across all facets of operations, and dealing with infrastructure disputes for the latter part of 2012.

Sean teaches part time at both ANU and the University of Canberra law faculties, and is currently a director at the Society of Construction Law Australia. He has written awarded papers on the
role of “ethics” within the construction industry.

Special Offer

Perth // 9-10 November 2017
Super Early Bird rate: $2,395 (Save $300 + GST). Use code P17GL11PE. Expires by 29 Sep 2017.
Early Bird rate: $2,595. Expires by 20 Oct 2017.
Standard rate: $2,695.

Sydney // 4-5 December 2017
Super Early Bird rate: $2,395 (Save $300 + GST). Use code P17GL11SY. Expires by 27 Oct 2017.
Early Bird rate: $2,595. Expires by 17 Nov 2017.
Standard rate: $2,695.

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Informa Australia is the nation’s leading event organiser. Our events comprise of large scale exhibitions, industry conferences and highly specialised corporate training.

Our professional training courses are stimulating, comprehensive and well structured, allowing attendees to enhance their professional development and build capability that is unique to their chosen fields. Informa training courses are delivered by renowned industry experts and thought leaders with extensive practical experience.

Whether you have one person, handful of people, or an entire division needing skills development, our learning programmes will help meet the development needs of your work force.

We are based in Sydney’s CBD and employ around fifty staff. We are part of the global Informa Group PLC, listed on the London Stock Exchange (INF).

Informa Australia Pty Ltd.
Level 18, 347 Kent St
Sydney NSW 2000 Australia
[email protected]
www.informa.com.au
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