Construction Claims Management Training Course

Participants can locate and interpret claims provisions in common construction contract forms.

• FIDIC claims procedures under the 2017 Red Book
• NEC4 early warning, compensation event and assessment mechanisms
• JCT extension-of-time and loss-and-expense provisions compared
• Order of precedence between contract documents and amendments
• Express obligations, implied duties and contractual risk allocation
• Reading clauses with defined terms, cross-references and notice requirements

Participants can identify compensable events and classify their contractual consequences.

• Classifying variations, employer delays, unforeseen conditions and force majeure
• Design information delays and late instructions as claim triggers
• Access restrictions, site possession failures and interface constraints
• Distinguishing contractor default from employer-risk delay events
• Concurrent events and their effect on entitlement assessments
• Event chronology developed from correspondence, instructions and programme updates

Participants can prepare notices and correspondence that preserve contractual rights.

• Notice content: event, clause, anticipated impact and reservation language
• Drafting timely notices without overstating facts or quantum
• Particulars submissions: required detail, timing and supporting documentation
• Reservation-of-rights letters when instructions create uncertain liability
• Correspondence logs tracking issue dates, recipients and responses
• Common notice failures: wrong recipient, missing clause and late delivery

Participants can create an evidence system that supports claim causation and valuation.

• Evidence matrix linking allegations to records, witnesses and contract clauses
• Daily reports capturing labour, plant, weather, access and instructions
• Photographs, site diaries and inspection records authenticated by date
• Document control procedures for revisions, transmittals and meeting minutes
• Witness statements based on contemporaneous records rather than recollection
• Chain-of-custody controls for digital records and metadata

Participants can read project programmes and identify schedule information relevant to claims.

• Critical path method logic, durations, dependencies and calendar settings
• Baseline programme acceptance and its importance for entitlement
• Progress updates, data dates and actual-start or actual-finish entries
• Critical, near-critical and non-critical activities distinguished accurately
• Float ownership, consumption and treatment under contract clauses
• Programme quality checks for logic gaps, constraints and outliers

Participants can select and explain an appropriate delay-analysis method for a claim.

• Impacted as-planned analysis using inserted delay-fragment activities
• Time impact analysis using contemporaneous programme updates
• Windows analysis comparing planned progress with actual performance periods
• As-planned versus as-built comparison and its evidential limitations
• Collapsed as-built analysis and assumptions requiring careful disclosure
• Method selection based on records, timing and contractual requirements

Participants can assess extension-of-time entitlement and address concurrent delay arguments.

• Extension-of-time submissions linking event, delay mechanism and completion impact
• Concurrency tests for employer-risk and contractor-risk critical delays
• Prevention principle and liquidated damages implications of employer delay
• Milestone delay, sectional completion and partial possession analysis
• Mitigation duties and reasonable steps to reduce delay effects
• Time entitlement recommendations supported by transparent delay narratives

Participants can identify disruption mechanisms and prepare evidence-led productivity assessments.

• Disruption distinguished from delay, inefficiency and contractor underperformance
• Measured-mile analysis comparing impacted and unimpacted production rates
• Labour productivity records: hours, quantities, crews and workfront conditions
• Cumulative impact claims and the need for event-specific proof
• Loss-of-productivity factors: rework, congestion, resequencing and overtime
• Productivity narratives connecting disruption events to quantified labour effects

Participants can value variations using contract rates, build-ups and change records.

• Variation instructions distinguished from informal requests and design development
• Valuation hierarchy: contract rates, analogous rates and fair valuation
• Resource-based build-ups for labour, plant, materials and preliminaries
• Daywork records, signed tickets and audit-ready supporting evidence
• Change registers tracking instruction status, valuation and payment position
• Scope comparison using drawings, specifications, bills and clarification records

Participants can calculate and test prolongation cost claims arising from excusable delay.

• Prolongation costs linked to compensable critical delay periods
• Site preliminaries: management, welfare, security, utilities and temporary works
• Head-office overhead approaches and contractual recovery limitations
• Plant, equipment and accommodation costs tested against actual deployment
• Cost records reconciled to ledgers, timesheets and payment certificates
• Avoiding double recovery between prolongation, disruption and variation claims

Participants can distinguish instructed acceleration from mitigation and value the resulting costs.

• Directed acceleration arising from instructions to recover employer delay
• Constructive acceleration indicators: denied extensions and completion pressure
• Mitigation measures assessed for reasonableness, cost and effectiveness
• Acceleration cost records for overtime, shifts, plant and subcontractors
• Recovery schedules demonstrating revised logic, resources and completion dates
• Acceleration claims separated from contractor-driven recovery efforts

Participants can structure transparent calculations for time-related and cost-related claim heads.

• Quantum schedules separating incurred costs, estimated costs and contingencies
• Cost substantiation using invoices, payroll records, ledgers and timesheets
• Causation filters excluding costs unrelated to the claimed event
• Interest, financing charges and currency effects under contract terms
• Markup treatment for overhead, profit and subcontractor claims
• Audit trails reconciling claim totals to source documentation

Participants can produce and review a logically structured, evidence-based claim submission.

• Claim narrative structure: executive summary, facts, entitlement, impact and relief
• Chronologies that connect notices, instructions, records and programme effects
• Clause analysis supported by relevant factual evidence and records
• Schedules for delay, costs, variations and supporting document references
• Employer review checklist for entitlement, causation, evidence and quantum
• Writing precise conclusions without unsupported legal or technical assertions

Participants can prepare claims for negotiation and select proportionate resolution routes.

• Negotiation preparation using issue lists, ranges, evidence and authority limits
• Without-prejudice discussions and settlement communications handled appropriately
• Engineer, contract administrator and project manager determination roles
• Adjudication, dispute boards, mediation and arbitration compared
• Settlement agreements documenting scope, payment, release and future obligations
• Lessons-learned reviews converting claim patterns into preventive actions

Participants can establish governance controls that improve claim readiness throughout delivery.

• Claims management plan defining roles, thresholds, workflows and approval gates
• Monthly claim dashboards reporting exposure, deadlines, recovery and dispute status
• Risk registers connected to emerging events and notification actions
• Commercial meetings integrating programme, cost, change and correspondence reviews
• Subcontractor claims flowed down, assessed and aligned with head-contract claims
• Records audits identifying missing evidence before formal submission deadlines

Participants can build, review and present a complete claim dossier covering entitlement, evidence, delay, quantum and settlement recommendation.

• Claim event scenario assessed against applicable clauses and notice obligations
• Chronology and evidence matrix assembled from a project document set
• Delay approach selected with stated assumptions, limitations and findings
• Quantum schedule prepared for variation, prolongation and productivity impacts
• Claim narrative drafted with requested relief and supporting schedules
• Peer review challenges entitlement, causation, evidence gaps and calculations
• Management presentation defends claim strategy and settlement recommendation