Understand the relevant contractual provisions and different types of claims. Identify the major causes of construction claims and disputes. Learn how to handle your claims effectively using strategies and different solutions. Understand delay cost procedure and process. In depth review on the SOP Act. How to prevent disputes leading to litigation/arbitration/adjudication
The document discusses claims and disputes in construction projects. It defines a claim as a request for payment or entitlements under the contract terms. Claims generally arise due to situations where a party has not fulfilled their contractual obligations. There are different types of claims such as those due to changes by the employer, delays, disruptions, defective specifications, and differing site conditions. Claims must have a basis in the contractual clauses or common law. Key contract clauses relate to areas like access to site, cooperation of parties, unforeseeable conditions, delays, testing, and taking over of works.
Contracts & Claims Management Workshop (Session-1)Tahir B Mirza
The document provides guidelines for identifying, documenting, and presenting construction claims. It discusses objectives of keeping accurate records to support potential claims related to delays, disruptions or other contract issues. Key points covered include rules of engagement for contractors, identifying claim-worthy events, maintaining thorough documentation, and properly establishing a claim's entitlement and quantum or monetary value. The presentation provided templates for organizing supporting records and a general format for submitting a formal claim, including an executive summary, entitlement and quantum analyses, and factual exhibits.
an introduction to FIDIC contracts and the other available international modules. Provides and overview of history of FIDIC contracts, documents under FIDIC, types of contract clauses, and contract structure.
Ditching Defect Drama: Keeping Construction Claims ObjectiveKipcon Inc.
When a community is embroiled in a construction defect lawsuit, the challenge becomes making sure the claim is presented objectively, and the cost of the claim won't be more than the corrective work needed. This webinar includes best practices for preventing construction defects and offers alternatives to costly litigation.
This document discusses claims management in construction projects. It defines a claim as a request for compensation due to certain events. It outlines the claims management process, which includes establishing monitoring, identifying root causes, determining claim type, gathering documents, and claim preparation and settlement. It also categorizes and describes common causes of construction claims, such as design errors, differing site conditions, changes, delays, and accidents. Causes can be due to contractor practices, owner practices, or occur during bidding or construction phases.
This document provides an overview of a training workshop on contracts and claims management. It discusses various types of construction claims such as delays, directed changes, differing site conditions, defective contract documents, and more. Guidelines are presented for effective claim resolution, including proper documentation and notification procedures. The objectives of the training are also listed, such as capacity building, claims prevention, and implementing strategic claim management practices.
Construction Claims generally comes up between two parties of the construction contracts, and there can be several reasons which result in a claim such as a delay in the project, uninformed changes, misinformation, unforeseen circumstances and general conflicts. In UAE, as the constructions are on the rise, so the disputes are. Professional construction claims consultants Dubai offering services protecting the values of both the clients and the contractors.
CONSTRUCTION DISPUTES IN CONSTRUCTION WORK SITES AND THEIR PROBABLE SOLUTIONSIAEME Publication
All over the world the developing and developed nations are spending billions of
dollars each year to improve their existing infrastructure in order to bring it to next
level. Construction projects are generally considered as the back bones of each nation
be it any format. So when we talk about construction then it’s not alone generally it
involves different sectors such as electrical, mechanical and off course the civil sector
in order to work together as a single unit under one firm or organization. Here work is
divided into different small segments due to which different parties gets involved. The
construction projects requires highly specified designs , specifications and plans with
full detail not leaving a single scope of error. So being lengthy and complicated process
it undergoes through various phase which involves a hindrance popularly known as
disputes. It is nothing but a stage where contractor and client have different view or
prospective on any matter which needs to be sorted as soon as possible so as to maintain
smooth flow of work. So whenever there arise dispute it is followed by claims raised by
one or the other party which needs to be sorted out.
The document discusses claims and disputes in construction projects. It defines a claim as a request for payment or entitlements under the contract terms. Claims generally arise due to situations where a party has not fulfilled their contractual obligations. There are different types of claims such as those due to changes by the employer, delays, disruptions, defective specifications, and differing site conditions. Claims must have a basis in the contractual clauses or common law. Key contract clauses relate to areas like access to site, cooperation of parties, unforeseeable conditions, delays, testing, and taking over of works.
Contracts & Claims Management Workshop (Session-1)Tahir B Mirza
The document provides guidelines for identifying, documenting, and presenting construction claims. It discusses objectives of keeping accurate records to support potential claims related to delays, disruptions or other contract issues. Key points covered include rules of engagement for contractors, identifying claim-worthy events, maintaining thorough documentation, and properly establishing a claim's entitlement and quantum or monetary value. The presentation provided templates for organizing supporting records and a general format for submitting a formal claim, including an executive summary, entitlement and quantum analyses, and factual exhibits.
an introduction to FIDIC contracts and the other available international modules. Provides and overview of history of FIDIC contracts, documents under FIDIC, types of contract clauses, and contract structure.
Ditching Defect Drama: Keeping Construction Claims ObjectiveKipcon Inc.
When a community is embroiled in a construction defect lawsuit, the challenge becomes making sure the claim is presented objectively, and the cost of the claim won't be more than the corrective work needed. This webinar includes best practices for preventing construction defects and offers alternatives to costly litigation.
This document discusses claims management in construction projects. It defines a claim as a request for compensation due to certain events. It outlines the claims management process, which includes establishing monitoring, identifying root causes, determining claim type, gathering documents, and claim preparation and settlement. It also categorizes and describes common causes of construction claims, such as design errors, differing site conditions, changes, delays, and accidents. Causes can be due to contractor practices, owner practices, or occur during bidding or construction phases.
This document provides an overview of a training workshop on contracts and claims management. It discusses various types of construction claims such as delays, directed changes, differing site conditions, defective contract documents, and more. Guidelines are presented for effective claim resolution, including proper documentation and notification procedures. The objectives of the training are also listed, such as capacity building, claims prevention, and implementing strategic claim management practices.
Construction Claims generally comes up between two parties of the construction contracts, and there can be several reasons which result in a claim such as a delay in the project, uninformed changes, misinformation, unforeseen circumstances and general conflicts. In UAE, as the constructions are on the rise, so the disputes are. Professional construction claims consultants Dubai offering services protecting the values of both the clients and the contractors.
CONSTRUCTION DISPUTES IN CONSTRUCTION WORK SITES AND THEIR PROBABLE SOLUTIONSIAEME Publication
All over the world the developing and developed nations are spending billions of
dollars each year to improve their existing infrastructure in order to bring it to next
level. Construction projects are generally considered as the back bones of each nation
be it any format. So when we talk about construction then it’s not alone generally it
involves different sectors such as electrical, mechanical and off course the civil sector
in order to work together as a single unit under one firm or organization. Here work is
divided into different small segments due to which different parties gets involved. The
construction projects requires highly specified designs , specifications and plans with
full detail not leaving a single scope of error. So being lengthy and complicated process
it undergoes through various phase which involves a hindrance popularly known as
disputes. It is nothing but a stage where contractor and client have different view or
prospective on any matter which needs to be sorted as soon as possible so as to maintain
smooth flow of work. So whenever there arise dispute it is followed by claims raised by
one or the other party which needs to be sorted out.
Claim Preparation and Project Records - 2014 Olswang Construction Law ConferenceFrancis Ho
This document summarizes the key points made in a presentation on the importance of project records for claims preparation. It discusses the record keeping requirements in standard contracts like FIDIC, JCT and NEC. To establish entitlement to claims, contemporaneous documentation is needed to show liability, loss/damage and causation. Common deficiencies include a lack of records on actual hours, costs, productivity and site progress. The presentation provides guidance on maintaining robust documentation practices like training, auditing and keeping programmes, work records, delay explanations and cost records.
Contradictory enforcement of terms in FIDIC presents risks to contractors who are told to proceed as directed on change orders which never get approved till the end of the job, and are then renegotiated favorably to the Owner. .
"Ranking of Causes of Disputes and Use of Dispute Resolution Methods for Cons...Abhishek Shah
National Conference on Recent Research and Development in Core Disciplines of Engineering” held at Vadodara, Gujarat, India Institute of Engineering on 25th and 26th April 2015.
This document discusses contract dispute resolution techniques presented by Dr. Rafiq Muhammad Choudhry. It covers traditional techniques like contract negotiations, mediation, and arbitration as well as their advantages. Contract claims can occur for various reasons and if unresolved, may lead to litigation which is generally more costly and lengthy compared to alternative dispute resolution methods.
The document discusses key aspects of EPC contracts and the FIDIC Silver Book for major infrastructure projects. It notes that EPC contracts allocate significant risk to contractors in exchange for price and schedule guarantees. The FIDIC Silver Book is a turnkey contract form that departs from the usual risk allocation. The summary highlights common bankability issues for lenders and key contract clauses around fixed price and schedule, performance guarantees, liability caps, security provisions, and defects liability.
110801Proposed Fidic Contract Framework For Complex Epc ProjectsMy own
Structure and Components of a Comprehensive Suite Of Components forming the Level of Contract Documentation Needed for Complex Industrial or Mining Mega Project
The document discusses turnkey contracting and the FIDIC Silver Book, which aims to provide owners certainty of cost and schedule for large projects by transferring significant risks to contractors. However, the document argues that a true turnkey solution is difficult to achieve in practice due to the complex nature of large projects. While the Silver Book and turnkey contracts aim to make contractors responsible for all risks, in reality many risks remain shared between owners and contractors. Large projects also typically involve multiple turnkey contractors, complicating responsibility and dispute resolution. Therefore, owners' expectations of a complete risk transfer and single point of accountability are often not fully met.
This document outlines the general conditions for subcontracts for civil engineering construction projects put forth by FIDIC (Fédération Internationale des Ingénieurs-Conseils). It defines key terms related to the subcontract, including defining the employer, contractor, subcontractor, engineer and what constitutes the main contract and subcontract. It also outlines general obligations of the subcontractor, details regarding the subcontract documents, requirements regarding the main contract, site access and working conditions, commencement and completion, instructions and decisions, variations, payments, termination, default, dispute resolution and other administrative elements. The document provides the framework for a standard form of subcontract agreement to be used in conjunction with FID
Day-01_1025 Engineer's Roles and Risks - Adrias TanAdrias TAN
The document discusses the roles and risks of engineers in construction projects. It notes that engineers often take on conflated and intertwined roles such as employer's representative, designer, site supervisor, project manager, contracts administrator, and adjudicator. This can lead to perceived conflicts of interest. The document also examines ways to properly align the engineer's contractual obligations with the provisions of the main contract, and discusses the limits of an engineer's authority.
Training Slides of Claims and Counterclaims Preparation, Analysis, Assessment and Successful Settlement of Disputes , discussing the importance of Claims and Counterclaims.
Some Key-Points:
- The Framework of Compliance
- Corporate Governance
- Compliance Program
For further information regarding the course, please contact:
info@asia-masters.com
www.asia-masters.com
Session W2 - Delay Claims and Analysis Based on FIDIC Forms of ContractProject Controls Expo
The document discusses various methods for analyzing delays on construction projects, with a focus on analyzing delays according to FIDIC forms of contract. It begins by defining delay and disruption, and the purposes of extension of time clauses. It then outlines common delay analysis methodologies, including as-planned vs as-built, impacted as-planned, collapsed as-built, and time impact analysis. Finally, it summarizes FIDIC claims provisions and how they relate to extensions of time, costs, and potential claims for profit.
This document discusses different types of variations that may occur under an FIDIC 1999 Redbook construction contract. It outlines engineer/employer-initiated variations such as additional works, omissions, and acceleration orders. It also discusses contractor-initiated variations and other categories like re-measured contracts and errors in design. The document examines how variations are valued and paid for and how they impact the time for completion and consequences under UAE civil code.
FIDIC 2016 Day02-1010 Variations Under FIDIC Forms, Adrias TanAdrias TAN
This document discusses variations under FIDIC forms of contract. It begins by defining variations and distinguishing them from claims. Variations are changes to the scope or quantity of work, while claims relate to entitlements to time, cost or compensation under the contract. The document notes that variations are evaluated based on rates in the contract, while claims are evaluated based on actual costs incurred. It also discusses issues around claiming for variations without an engineer's instruction, and whether notice is required under Clause 20.1 for variation claims. The document provides examples and clarifies approaches to valuing variations and claims differently.
Olswang Construction Law Masterclass - October 2014 - Liqudated Damages and P...Francis Ho
This document discusses liquidated damages clauses in construction contracts. It defines liquidated damages as a pre-determined sum payable in the event of a specified breach of contract, and explains that they aim to provide a genuine pre-estimate of loss to avoid disputes over damages calculations. The document outlines reasons for using liquidated damages clauses and defenses against them, and analyzes how courts determine whether a clause imposes a penalty rather than reasonable damages. It also discusses implications if a challenge to liquidated damages succeeds.
FIDIC 2016 Day01-1450 Managing Claims Under FIDIC, PPT Adrias TanAdrias TAN
The document discusses managing claims under FIDIC contracts. It covers topics such as differentiating claims from variations, minimizing claims, pursuing claims, notices of claim requirements, enforcing condition precedents for notices, detailed particulars of a claim, and the engineer's obligations. The document provides contractual context and compares the common law and civil law approaches to claims. It also analyzes relevant case law on enforcing condition precedents and the engineer's failure to respond to claims.
HOW TO SURVIVE CONSTRUCTION PROJECTS DURING TIMES OF ECONOMIC INSANITYBurns White LLC
Following is a slide deck from a presentation given by Burns White Members Chad A. Wissinger and T.H. Lyda to attendees at the National Railroad Construction and Maintenance Association (NRC) annual conference in January about how to survive construction projects during times of economic insanity.
This document discusses consultant liability under environmental law in Canada. It begins by outlining obligations and liabilities for professional engineers under the Professional Engineers Act, including the duty to prioritize public welfare. It then discusses potential discipline actions for issues of professional misconduct or incompetence. Professional misconduct is defined, and can include negligence, failure to correct dangerous situations, or undertaking work outside one's experience. Penalties for misconduct or incompetence include revoking or suspending licenses. The document concludes by discussing liability in tort and contract, including how contractual clauses can limit liability if certain conditions are met. It provides examples of cases where limitation clauses were found to be invalid.
A lossless summary of Frank Bott book, Professional Issues in IT, chapter 12 "Software Contract and Liability".
Contents:
1. Contract
2. Fixed Price Contracts for Bespoke Systems
3. Consultancy and Contract Hire
4. Time and Materials
5. Outsourcing
6. License Agreements
7. Liability for Defective Software
8. Health and Safety
Nec fidic-jbcc-gcc- ct-marketing (1) (2)GPTraining
This document provides an overview and agenda for a three-day workshop on construction contracts. Day 1 will cover FIDIC contracts, focusing on their structure, role players, administration, and dispute resolution. Day 2 will cover NEC3 contracts, including preparation, key players, administration involving payments, time and changes, and termination. Day 3 will cover JBCC and GCC 2012 contracts. The workshop aims to enhance skills in procurement, contract drafting, and administration of these standard forms.
Leases and tenancy agreements in Singapore. Managing termination of leases and tenancy agreements. Common problems in tenancy agreements. Leases: A litigator's perspective and Drafting leases and tenancy agreements
Claim Preparation and Project Records - 2014 Olswang Construction Law ConferenceFrancis Ho
This document summarizes the key points made in a presentation on the importance of project records for claims preparation. It discusses the record keeping requirements in standard contracts like FIDIC, JCT and NEC. To establish entitlement to claims, contemporaneous documentation is needed to show liability, loss/damage and causation. Common deficiencies include a lack of records on actual hours, costs, productivity and site progress. The presentation provides guidance on maintaining robust documentation practices like training, auditing and keeping programmes, work records, delay explanations and cost records.
Contradictory enforcement of terms in FIDIC presents risks to contractors who are told to proceed as directed on change orders which never get approved till the end of the job, and are then renegotiated favorably to the Owner. .
"Ranking of Causes of Disputes and Use of Dispute Resolution Methods for Cons...Abhishek Shah
National Conference on Recent Research and Development in Core Disciplines of Engineering” held at Vadodara, Gujarat, India Institute of Engineering on 25th and 26th April 2015.
This document discusses contract dispute resolution techniques presented by Dr. Rafiq Muhammad Choudhry. It covers traditional techniques like contract negotiations, mediation, and arbitration as well as their advantages. Contract claims can occur for various reasons and if unresolved, may lead to litigation which is generally more costly and lengthy compared to alternative dispute resolution methods.
The document discusses key aspects of EPC contracts and the FIDIC Silver Book for major infrastructure projects. It notes that EPC contracts allocate significant risk to contractors in exchange for price and schedule guarantees. The FIDIC Silver Book is a turnkey contract form that departs from the usual risk allocation. The summary highlights common bankability issues for lenders and key contract clauses around fixed price and schedule, performance guarantees, liability caps, security provisions, and defects liability.
110801Proposed Fidic Contract Framework For Complex Epc ProjectsMy own
Structure and Components of a Comprehensive Suite Of Components forming the Level of Contract Documentation Needed for Complex Industrial or Mining Mega Project
The document discusses turnkey contracting and the FIDIC Silver Book, which aims to provide owners certainty of cost and schedule for large projects by transferring significant risks to contractors. However, the document argues that a true turnkey solution is difficult to achieve in practice due to the complex nature of large projects. While the Silver Book and turnkey contracts aim to make contractors responsible for all risks, in reality many risks remain shared between owners and contractors. Large projects also typically involve multiple turnkey contractors, complicating responsibility and dispute resolution. Therefore, owners' expectations of a complete risk transfer and single point of accountability are often not fully met.
This document outlines the general conditions for subcontracts for civil engineering construction projects put forth by FIDIC (Fédération Internationale des Ingénieurs-Conseils). It defines key terms related to the subcontract, including defining the employer, contractor, subcontractor, engineer and what constitutes the main contract and subcontract. It also outlines general obligations of the subcontractor, details regarding the subcontract documents, requirements regarding the main contract, site access and working conditions, commencement and completion, instructions and decisions, variations, payments, termination, default, dispute resolution and other administrative elements. The document provides the framework for a standard form of subcontract agreement to be used in conjunction with FID
Day-01_1025 Engineer's Roles and Risks - Adrias TanAdrias TAN
The document discusses the roles and risks of engineers in construction projects. It notes that engineers often take on conflated and intertwined roles such as employer's representative, designer, site supervisor, project manager, contracts administrator, and adjudicator. This can lead to perceived conflicts of interest. The document also examines ways to properly align the engineer's contractual obligations with the provisions of the main contract, and discusses the limits of an engineer's authority.
Training Slides of Claims and Counterclaims Preparation, Analysis, Assessment and Successful Settlement of Disputes , discussing the importance of Claims and Counterclaims.
Some Key-Points:
- The Framework of Compliance
- Corporate Governance
- Compliance Program
For further information regarding the course, please contact:
info@asia-masters.com
www.asia-masters.com
Session W2 - Delay Claims and Analysis Based on FIDIC Forms of ContractProject Controls Expo
The document discusses various methods for analyzing delays on construction projects, with a focus on analyzing delays according to FIDIC forms of contract. It begins by defining delay and disruption, and the purposes of extension of time clauses. It then outlines common delay analysis methodologies, including as-planned vs as-built, impacted as-planned, collapsed as-built, and time impact analysis. Finally, it summarizes FIDIC claims provisions and how they relate to extensions of time, costs, and potential claims for profit.
This document discusses different types of variations that may occur under an FIDIC 1999 Redbook construction contract. It outlines engineer/employer-initiated variations such as additional works, omissions, and acceleration orders. It also discusses contractor-initiated variations and other categories like re-measured contracts and errors in design. The document examines how variations are valued and paid for and how they impact the time for completion and consequences under UAE civil code.
FIDIC 2016 Day02-1010 Variations Under FIDIC Forms, Adrias TanAdrias TAN
This document discusses variations under FIDIC forms of contract. It begins by defining variations and distinguishing them from claims. Variations are changes to the scope or quantity of work, while claims relate to entitlements to time, cost or compensation under the contract. The document notes that variations are evaluated based on rates in the contract, while claims are evaluated based on actual costs incurred. It also discusses issues around claiming for variations without an engineer's instruction, and whether notice is required under Clause 20.1 for variation claims. The document provides examples and clarifies approaches to valuing variations and claims differently.
Olswang Construction Law Masterclass - October 2014 - Liqudated Damages and P...Francis Ho
This document discusses liquidated damages clauses in construction contracts. It defines liquidated damages as a pre-determined sum payable in the event of a specified breach of contract, and explains that they aim to provide a genuine pre-estimate of loss to avoid disputes over damages calculations. The document outlines reasons for using liquidated damages clauses and defenses against them, and analyzes how courts determine whether a clause imposes a penalty rather than reasonable damages. It also discusses implications if a challenge to liquidated damages succeeds.
FIDIC 2016 Day01-1450 Managing Claims Under FIDIC, PPT Adrias TanAdrias TAN
The document discusses managing claims under FIDIC contracts. It covers topics such as differentiating claims from variations, minimizing claims, pursuing claims, notices of claim requirements, enforcing condition precedents for notices, detailed particulars of a claim, and the engineer's obligations. The document provides contractual context and compares the common law and civil law approaches to claims. It also analyzes relevant case law on enforcing condition precedents and the engineer's failure to respond to claims.
HOW TO SURVIVE CONSTRUCTION PROJECTS DURING TIMES OF ECONOMIC INSANITYBurns White LLC
Following is a slide deck from a presentation given by Burns White Members Chad A. Wissinger and T.H. Lyda to attendees at the National Railroad Construction and Maintenance Association (NRC) annual conference in January about how to survive construction projects during times of economic insanity.
This document discusses consultant liability under environmental law in Canada. It begins by outlining obligations and liabilities for professional engineers under the Professional Engineers Act, including the duty to prioritize public welfare. It then discusses potential discipline actions for issues of professional misconduct or incompetence. Professional misconduct is defined, and can include negligence, failure to correct dangerous situations, or undertaking work outside one's experience. Penalties for misconduct or incompetence include revoking or suspending licenses. The document concludes by discussing liability in tort and contract, including how contractual clauses can limit liability if certain conditions are met. It provides examples of cases where limitation clauses were found to be invalid.
A lossless summary of Frank Bott book, Professional Issues in IT, chapter 12 "Software Contract and Liability".
Contents:
1. Contract
2. Fixed Price Contracts for Bespoke Systems
3. Consultancy and Contract Hire
4. Time and Materials
5. Outsourcing
6. License Agreements
7. Liability for Defective Software
8. Health and Safety
Nec fidic-jbcc-gcc- ct-marketing (1) (2)GPTraining
This document provides an overview and agenda for a three-day workshop on construction contracts. Day 1 will cover FIDIC contracts, focusing on their structure, role players, administration, and dispute resolution. Day 2 will cover NEC3 contracts, including preparation, key players, administration involving payments, time and changes, and termination. Day 3 will cover JBCC and GCC 2012 contracts. The workshop aims to enhance skills in procurement, contract drafting, and administration of these standard forms.
Leases and tenancy agreements in Singapore. Managing termination of leases and tenancy agreements. Common problems in tenancy agreements. Leases: A litigator's perspective and Drafting leases and tenancy agreements
This program is designed for those involved in drilling and service contracts from both the operator and contractor perspective. Attendees will actively participate in discussions pertaining to contracting philosophy and terms as well as industry custom and practice.
The program will cover all aspects of contracts including the tender process, letters of intent, contract negotiation, contract administration, ethics considerations and dispute resolution. Special emphasis will be placed on the most controversial and highly negotiated provisions of drilling and service contracts, the impact of decisions in the pending Macondo litigation and contract administration in the event of a crisis.
While the program will focus on offshore and land daywork drilling contracts, incentive contracts (footage, turnkey and performance bonus) and variable day rate drilling contracts will also be reviewed and analyzed along with oil service contracts.
This document provides information about a training course on mastering FIDIC, NEC, and JBCC contracts held from March 5-7, 2012 in Johannesburg, South Africa. The training will cover the key aspects of each contract type over the three days, including structure, roles and responsibilities, claims management, and dispute resolution. Attendees include contract managers, engineers, and legal practitioners working in construction, mining, and related industries. The facilitator has extensive experience advising on and training others in the use of these contract types.
This document summarizes an interview with Metehan Sonbahar, an Associate Director at Hill International, about challenges in construction arbitration across multiple jurisdictions. Sonbahar notes that time pressures in construction often lead to disputes, and different jurisdictions evaluate delay and damages differently, posing challenges. Construction disputes also involve technical issues and vary from commercial disputes. Factors like variations, delays involving many project parties, and integrated design/construction processes make establishing liability complex. Turkish contractors' increasing involvement in international arbitration cases stems from expanding globally and financial crises leading to terminated projects. Pre-arbitration negotiations require care to preserve rights, and alternative dispute resolution methods like adjudication can provide timely resolution.
The document discusses alternative dispute resolution options for construction contracts in Australia, focusing on single person dispute boards. It notes that standard construction contract forms in Australia are often heavily modified, potentially making risk allocation uncertain. While mediation and arbitration are commonly used for dispute resolution, less common options like single person dispute boards and dispute advisory services are discussed. The benefits of having dispute resolution processes embedded in contracts from the start and harmonized with legislation are outlined.
Neo Jurix LPO Solutions Pvt. Ltd. provides contract management and legal outsourcing services. They offer solutions such as contract review, abstraction, creation of a contract database, risk analysis, and obligation management. Their services help companies maintain uniformity in contracts, improve visibility and organization of contracts, and properly manage legal obligations. Neo Jurix has experienced attorneys and uses processes like redlining, comparison of contract versions, and drafting of contract summaries to provide efficient contract management solutions.
This document provides an agenda for a conference on EPC Contract and Risk Management to be held January 13-15, 2016 in Houston, TX. It includes:
- Two pre-conference workshops on January 13th addressing EPC contracts from a contractor's perspective and dealing with concurrent delay claims.
- A two-day conference on January 14-15th featuring case studies and panel discussions on topics like managing market conditions in EPC contracts, overcoming obstacles to managing schedule and cost risk, legal considerations of projects in developing markets, and applying practical project risk management.
- The conference is aimed at professionals in contract management, procurement, commercial business, and capital projects from industries like oil & gas, power,
The document provides information on best practices for alternative dispute resolution (ADR). It discusses that ADR can help support court reform by providing alternatives to full legal proceedings. Different ADR options are described from facilitated negotiations to arbitration that resembles a courtroom process. The document also discusses how ADR methods like dispute boards have been incorporated into FIDIC construction contracts to allow for binding decisions on disputes prior to formal legal proceedings. Key aspects of employing dispute boards and their increasing focus on dispute avoidance are covered.
Legal Implications And Pitfalls Of Drafting Technical Documentationlisaabe
This document discusses the legal implications and pitfalls of drafting technical documentation. It notes that technical documents are often referenced in legal agreements and can impact contractual obligations. Common mistakes include contradictory language, vagueness, and translation errors between documents. It is important to ensure consistency, define terms, and account for different local laws and regulations. Best practices include cross-checking documents for accuracy and ambiguities, specifying how documentation relates to the agreement, and limiting unilateral changes to important business terms.
This document discusses earned value management (EVM) as a tool for evaluating project productivity. EVM involves creating a baseline schedule with planned labor hours and quantities for each activity. A planned S-curve is then generated showing cumulative planned hours over time. Actual progress is measured by "earned hours," which are calculated as actual quantities multiplied by planned labor units. Comparing earned hours to planned hours indicates whether a project is ahead or behind schedule. EVM further analyzes efficiency by tracking actual hours worked versus earned hours to identify if labor is under- or over-productive. The document provides an example to illustrate these EVM concepts.
Third party rights allow non-parties to a contract to enforce certain terms of that contract. They provide an alternative to collateral warranties in construction contracts. Uptake of third party rights has been slow due to familiarity with collateral warranties and concerns over control. However, recent cases indicate third party rights may avoid issues like adjudication that can arise with collateral warranties. Effective drafting and clarity around beneficiaries and their obligations can maximize the benefits of third party rights.
The Case for Standard Forms of Construction ContractTom Joseph Mukasa
A public lecture presentation on 8 July 2016 by Tom Joseph Mukasa, (sponsored by the Institution of Surveyors of Uganda) at Kyambogo University, Kampala - Uganda.
The document discusses strategies for enhancing business excellence and project returns through financial and project management techniques. It covers topics like time, cost, performance, customer relations, value engineering, joint ventures, and using FIDIC contracts. Joint ventures are described as agreements between two parties for a specific project or business growth. They allow sharing of technical expertise, resources, risks and benefits. Key considerations for joint ventures include objectives, approvals, funding, ownership terms, dispute resolution, and duration. Advantages include new markets, skills and scale, while disadvantages are complexity, costs and relationship risks. Thorough planning, legal advice and contingency planning are advised. FIDIC contracts standardize construction terms for international projects.
Architects are responsible for providing oversight during construction projects through site visits and meetings. They issue instructions to contractors to coordinate work, remedy issues, and authorize changes. Contractors must comply with written instructions from architects, but can object if they believe an instruction is invalid. Instructions may require variations that warrant cost estimates. Proper documentation of instructions helps avoid disputes over contractor responsibilities.
Robert Hunt presented on the rise of expert determination as an alternative to arbitration. He discussed key differences between the two processes, with expert determination being less formal and allowing the expert to use their expertise to make determinations, unlike arbitrators. Expert determination can provide substantial savings in time and costs compared to arbitration. However, it does not allow for discovery of documents and subpoenas, and determinations must be enforced through courts. While anecdotally popular as part of tiered dispute resolution processes, data from one organization showed slightly more requests for arbitration than expert determination.
Practical Contract Law Understanding & Drafting Contracts for Non-Lawyersrockporshe
This practical contract law course is designed for directors,
executives, managers, businessmen and other non-lawyers
who need to have a practical understanding and insight
into contract law principles, to help them function and do
business more effectively.
The facilitator will draw from his expertise and experience,
honed over many years of contract negotiation, drafting
and litigation, to present important contract principles that
have an impact in the real-world. The input and workshop
sessions will be interactive and focused on practical
commercial application.
Prior legal or contracts knowledge is not required.
Due Diligence on a submarine cable systemMike Conradi
This document summarizes a legal masterclass on submarine cable systems presented by Mike Conradi and Simon Airey of DLA Piper LLP. The masterclass covered key considerations for due diligence on submarine cable systems, including legal issues like choice of law and jurisdiction, commercial issues like pre-sales contracts and maintenance arrangements, and financial issues like the status of suppliers. It also discussed compliance with bribery and sanctions laws.
ADR options and procedures under the Australia Standard forms of contract, the pros and cons of each, and the framework provided for ADR in standard Australian construction contracts
The document summarizes a webinar hosted by Gleeds on construction disputes in Qatar. It provides details on the webinar such as the number of attendees and countries represented. It then introduces Gleeds' dispute resolution services and lists some of the key experts at Gleeds, including their backgrounds and experience in construction law and dispute resolution. The document solicits questions from attendees on how contracts deal with issues caused by the COVID-19 pandemic.
How to Implement a Real Estate CRM SoftwareSalesTown
To implement a CRM for real estate, set clear goals, choose a CRM with key real estate features, and customize it to your needs. Migrate your data, train your team, and use automation to save time. Monitor performance, ensure data security, and use the CRM to enhance marketing. Regularly check its effectiveness to improve your business.
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
Easily Verify Compliance and Security with Binance KYCAny kyc Account
Use our simple KYC verification guide to make sure your Binance account is safe and compliant. Discover the fundamentals, appreciate the significance of KYC, and trade on one of the biggest cryptocurrency exchanges with confidence.
Anny Serafina Love - Letter of Recommendation by Kellen Harkins, MS.AnnySerafinaLove
This letter, written by Kellen Harkins, Course Director at Full Sail University, commends Anny Love's exemplary performance in the Video Sharing Platforms class. It highlights her dedication, willingness to challenge herself, and exceptional skills in production, editing, and marketing across various video platforms like YouTube, TikTok, and Instagram.
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Construction claims management
1. CONSTRUCTION CLAIMS
MANAGEMENT
29th pore
O ctobe , Singa
r 2010, Holiday Inn Orchard City Centre
The 21st century has brought us many changes and it does not exempt the
At A Glance
construction industry. Today, complexity is one way to describe the entrant
of developments and trends in the construction business. Innovation on
designs, materials, and even on laws has led the construction business
surrounded by risks and disputes.
In the middle of economic turmoil, construction industry has become more
vulnerable to unplanned changes and the only assurance at hand is a
contract. But these contracts, if not handled properly can make the business
go out of hand.
This Laures Solutions event will highlight practical resolutions on your
construction claims disputes and will give tips on avoiding them, showcas-
ing in depth discussions and case studies from the professionals of this �ield
gearing you towards better handling of your claims and disputes. Key Features
•Understand the relevant contractual
provisions and different types of claims
•Identify the major causes of construction
claims and disputes
•Learn how to handle your claims effectively
using strategies and different solutions
•Understand delay cost procedure and
Sign up for 3 or more delegates, process
get 10% discount!
•In depth review on the SOP Act
•How to prevent disputes leading to
Early Bird ends 15th October 2010! litigation/arbitration/adjudication
Who Should Attend
This conference will have the target audience as follows:
General Managers, Managing Directors, In-House Legal Counsels, Senior Contract Managers, Commercial Lawyers,
Real Estate Professionals, Property Developers, Landlords, Contract Directors, Contract Specialists and Consultants,
Engineers, Architects, Quantity Surveyors, Contractors, Sub – Contractors
2. CONSTRUCTION CLAIMS
MANAGEMENT
29th october 2010, Holiday Inn Orchard City Centre, Singapore
Speakers
Soh Lip San, Partner Rajah & Tan LLP
Lip San graduated from the National University of Singapore and is admitted as an Advocate and Solicitor of the
Supreme Court of Singapore. Lip San is a Partner in the Construction and Projects Practice Group which has been
recognised as the ALB Construction Law Firm of the Year 2006, 2007 and 2009.
Lip San’s clients span the full spectrum of the industry, including, government and government bodies, developers,
contractors and suppliers of various tiers, consultants and building industry professionals and other stakeholders. His
areas of practice include both contentious and non-contentious work for the building and engineering industry. He
also deals with insurance matters, construction insolvency and competition law.
In the course of his work, Lip San has dealt with a wide variety of contracting platforms ranging from traditional lump
sum / measurement models to design and build projects to guaranteed maximum price models to public private
partnerships. He has advised on various disputes, from litigation in court to adjudications to mediation and arbitration
(be it ad-hoc or under institutional rules such as SIAC, ICC, UNCITRAL, CIETAC).
Lip San has experience in traditional building projects as well as specialized infrastructure projects such as sewage
treatment plants, desalination plants, mass transit and light rail systems, combined cycle power plants, oil and gas
pipelines, telecommunication cables, ports and container yards.
Anil Changaroth, Partner, Aequitas Law LLP
commercial, civil, dispute resolution work. He represent hire purchase & leasing; bankruptcy conveyancing; employ-
ment; defamation; probate) matters; construction disputes resolution litigation (including liquidation and schemes of
arrangements end construction & infrastructure contracts, agreements); and a focus on construction.
Prior to joining Aequitas, Anil spent a one year as part of the international arbitration practice group at the
Langdon & Seah Singapore Pte. Ltd. He was director and head of DLS’s Contract Advisory and Dispute Management
Services Pte. Ltd. involved construction industry related dispute management services (arbitration, adjudication and
and technical advisory work; claims assessment; and front end contract advisory work to developers, building owners
and contractors in residential, commercial, institutional, industrial and infrastructural projects in Singapore, India,
Vietnam and Korea.
3. CONSTRUCTION CLAIMS
MANAGEMENT
29th october 2010, Holiday Inn Orchard City Centre, Singapore
Programme Agenda
• Overview of the Building & Construction Security
08:30 Registration 14:00 Exploring Payment Disputes
of Payment Act
• The Adjudication Process and its effect
09:00 Opening Remarks
• Common issues and pitfalls in Adjudication
• Assessing the Claims
• Reviewing Adjudication Protocols
09:10 Managing, Defending and Winning your Claims
• Preparing your Claims: the signi�icance of
• Recent cases
records and documentation
• Appointing the right team
• Managing expectations
• Knowing the costs involved
15:00 Afternoon Refreshments
• Dispute resolution strategies: tips & tricks
15:30 Extending or Minimising Liability under
• Knowing what are generally accepted liabilities of
Construction Contracts
a contracting party
• Understanding commonly encountered
10:30 Morning Refreshments
construction contract provisions dealing with
workmanship, time-related and other liabilities
11:00 Legal Aspects involving Claims for Extensions
• Extension of time under the SIA and PSSCOC
• Exploring how you can extend or minimise such
of Time, Delay & Disruption
contracts
liabilities
• Claims for Delay and/or Disruption
• Understanding limitation periods
• Liquidated Damages
• Consideration of cases and highlighting
statutory provisions
Case Stud
12:30 Luncheon
1700 Closing Remarks
17:15 End of Conference
4. 5 EASY WAYS TO REGISTER SEMINAR DETAILS
Call us at (65) 6391 9086 Seminar:
Ca65) 6391 2917
Construction Claims Management
Fax to us at (65) 6398 0181 Fax s at (65) 6392 3460
Email us at christy@lauressolutions.com Date:
Mail us at 200 Jalan Sultan, #12-02 29th October 2010
Textile Centre. Singapore 199018
Venue:
Signup online at www.lauressolutions.com Holiday Inn Singapore Orchard City Centre
YES I WANT TO REGISTER FOR
SEMINAR Early Bird Price (before 15 Oct 2010) Normal Price
Construction Claims Management $590 $690
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