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Sponsored by Lorman Education
Product ID: 408728EAU
 
Credit & Course Provided by:

Winning Construction Claims

OnDemand Webinar (95 minutes)

Learn how to recognize, file, prove, negotiate, and win construction contract claims.Inherent in all construction projects are the uncertainties that may cause cost overruns and extended time of performance. To manage these risks the parties need to identify the potential risks that may be encountered, assign responsibility for managing or minimizing the risk (among contracting parties or shift to a third party), and implement a plan to avoid or minimize the potential impact of such risks. When disputes arise, the successful defense/resolution of a claim is dependent upon the level of information that can be gleaned from the project record and the manner in which this information is presented so as to clearly and concisely articulate, to both a trier of fact and the opposing party, the basis for the position offered. Drawing upon the knowledge and experience gained over the years on prior assignments and having seen the issues from both sides of the table, this material will discuss the steps necessary to productively and effectively cut through the documentation and address the heart of the problems and better understand the strengths and weaknesses of all parties' respective positions.

Authors

James F. Gallagher, P.E., F.ASCE, Resolution Management Consultants, Inc.

Agenda

Introduction

• Construction Claims Process

Construction Litigation Process - Overview of the Different Forums That May Be Specified or Utilized to Resolve Disputes and What to Expect and How to Prepare

• Disputes Review Boards

• Mediation

• Arbitration

• Trial

Alternative Contract Delivery Systems - How the Type of Contract Delivery System Selected Impacts the Ability of the Parties to Timely Resolve Disputes

• Design-Build

• Design Assist

• Progressive Design-Build

• Design-Bid-Build

• Construction Manager at Risk

• Multiple Prime Contracts

Steps to Minimize the Occurrence and Severity of Disputes

• Understanding Parties' Contractual Responsibilities

• When to Notify Other Parties of Potential Claim

• Importance of Proper Recordkeeping

• Why Claims Are Not Resolved at the Project Level

Key Elements of Presenting/Defending a Construction Claim

• Establishing a Cause-Effect Analysis

• Evaluating Strengths and Weaknesses of All Parties

• Third-Party Trier of Fact - Lessons Learned