Construction Claims Management | Live, ONLINE

In major capital infrastructure projects, disputes and claims are frequent and typically necessitate resolution to close-out the project. These disputes often involve significant financial stakes and can lead to project delays, diverting essential resources from more productive pursuits. This program equips
industry professionals with strategies to navigate the contractual complexities unique to various construction project delivery methods, which can lead to costly disputes. Participants will leave with a comprehensive understanding of the critical tools needed to effectively prepare for, respond to, and
manage construction claims.

The course includes two virtual, instructor-led sessions, each lasting four hours. Sessions will be conducted via Google Meet, providing an interactive and engaging virtual classroom experience.

Jiwan Thapar P.Eng., M.Eng., PSP, PMP
Jiwan Thapar is the founder of JTE Claims Consultants Ltd and serves as a professor at the University of Toronto. With nearly two decades of experience as a practicing engineer in the construction claims and dispute resolution field, his expertise encompasses forensic engineering, construction claims
management, and dispute resolution. Jiwan is renowned for his leadership and commitment to best practices in avoiding and resolving claims and disputes. He regularly leads presentations in facilitated mediation and settlement venues and serves as an expert witness in litigation and arbitration.

Detailed handout provided in a PDF format.

This course requires face-to-face interaction and participation from both the instructor and students. In order to attend, you’ll must make sure you have the following:

• Computer or laptop with webcam (webcams are mandatory): This course will involve on-screen interaction with your instructor and classmates, reading/viewing on-screen content like slides or videos, and interacting via typing with questions or responses. For this reason, you must have a webcam and use a full computer/laptop, and we do not permit students to attend using a tablet or cell phone.
• A quiet space with minimal distractions: Please plan to be fully engaged in the class, and clear your work schedule just as you would for attendance in an in-class program.

After completing this training, you will be able to:

Grasp the essential legal and contractual frameworks governing construction claims.
2. Identify and understand the various types of construction claims and their defining characteristics.
3. Recognize the critical importance of accurate site record-keeping and documentation.
4. Comprehend the significance of adhering to notice requirements in claims scenarios.
5. Acquire a fundamental understanding of managing construction claims from the perspectives of both contractors and owners.
6. Learn the basics of construction scheduling using the Critical Path Method and its implications in claim management.
7. Develop an understanding of complex scheduling issues, including float ownership and concurrent delays.
8. Gain introductory knowledge on quantifying damages in construction disputes.
9. Explore basic delay analysis techniques.
10. Understand standard methods for calculating unabsorbed overhead, such as the Eichleay Formula.
11. Equip yourself with basic tools and strategies to prepare for and manage potential disputes effectively. 

Introduction to Construction Claims Management
a. Understand the legal, contractual, and claims frameworks governing construction projects.
b. Deepen your knowledge of various types of construction claims.
c. Learn the essential characteristics that make a construction claim successful and persuasive.
d. Recognize the importance of maintaining thorough construction site records and documentation.
e. Understand and comply with notice requirements in construction claims.
2. Advanced Construction Claims Management
a. Grasp the fundamentals of what must be proven from both the contractor's and owner's perspectives.
b. Understand construction scheduling, specifically the Critical Path Method, and its role in dispute resolution.
c. Explore the legal implications of typical scheduling practices.
d. Learn about complex issues such as float ownership, concurrent delays, and pacing delays.
3. Construction Claims – Quantification of Damages
a. Learn about potential damages in construction disputes, including lost productivity, extended project management, unabsorbed overhead, and standby costs.
b. Understand the widely accepted approaches for measuring and quantifying these damages.
c. Explore Delay Analysis Techniques such as the Impact-As-Planned Method, Window or Snapshot Analysis, and As-Planned vs. As-Built comparisons.
d. Familiarize yourself with accepted methods for quantifying unabsorbed overheads, including the Eichleay and Hudson Formulas.

This program is tailored for construction industry professionals who aim to enhance their expertise in managing construction claims and disputes. It is designed to equip various construction stakeholders with the necessary skills to navigate and resolve disputes effectively. The program is especially beneficial for contractors, developers, subcontractors, public and private project owners, professionals in insurance and surety, lawyers, arbitrators, architects, designers, accountants, and management consultants engaged in construction projects.