A special course on what prime contractors and subcontractors must know about preparing, presenting, and defending construction claims.

Why You Should Attend

This is unique course from the project perspective of what must be done to recognize, price, negotiate and win construction claims. Home office claims personnel are welcome, of course, but claims problems arise at the site, and that is the thrust of the course.

Construction contracting and claims are virtually synonymous, but site representatives are often faced with the dual problems of running the job and trying to protect themselves on claims. It's very hard to do both

This course simplifies the problem by:

1. Teaching you the three foolproof ways to identify claims.
2. Providing claim check lists for easy reference in the field.
3. Furnishing a case analysis check list to help you collect and analyze the necessary facts to support your claim.
4. Showing you how to write and present your claims understandably and most effectively.

You can't win a claim if the Owner doesn't understand it. The Owner can't understand if you don't make your points clearly, concisely and effectively —and have the facts to prove it.

Course Curriculum

1. The Economics of Claims
   1. Increasing your bottom line
   2. Avoiding losses
   3. Return on investment

2. Claim Recognition Check List
   1. Event method
   2. Cost method
   3. Time method

3. Clause Identification Check List
   1. Changes
   2. Differing site conditions
   3. Time extensions
   4. Acceleration
   5. Compensable delay
   6. Other

4. The Changes Clause
   1. Right to order
   2. Duty to order
   3. Notice requirement
   4. Authority
   5. Cardinal changes
   6. Constructive changes
   7. Owner nondisclosure

5. Differing Site Conditions
   1. Clauses
   2. Type I
   3. Type II
   4. Notice

6. Delays/Acceleration
   1. Excusable
   2. Compensable
   3. Concurrent

7. Claim Protection and Claim Documentation Check List

8. Claim Analysis Check List

9. Damages
   1. Burden of proof
   2. Documentation
   3. Time
   4. Money

10. Presenting Your Claim
    1. Key elements
    2. Clarity, brevity, simplicity
    3. Making it understandable
    4. Selling it

11. Negotiating A Settlement
    1. Being fully prepared
    2. Knowing what you want
    3. Anticipating the other side
    4. Closing

12. If That Fails
    1. Alternative dispute resolution
    2. Arbitration
    3. Litigation

Course Director

Roy S. Mitchell   of Washington DC, Mediator, Arbitrator, and Neutral. Principal at the Center for Management Development and Training (CMDT), an international management training company in the Washington, DC area. Roy was formerly President & COE, Construction Claims Group, Hill International, Inc. where he specialized in construction matters. He is a Fellow of the American College of Construction Lawyers and a Fellow and former National Chair of the Public Contract Law Section of the ABA. A prolific author and lecturer, Roy has taught nationally and internationally in the construction field for more than 35 years. Bachelor's degree from Cornell University; Juris Doctor degree, with honors, from The George Washington University Law School.