Construction Training Courses for
Construction & Property Professionals...

Courses Background:

COURSE BACKGROUND
• This RECENTLY UP-DATED 1 DAY COURSE deals on a ‘practical’ basis with the law and its application to ‘real’ construction time and/or money claims. It covers all main contract publications including NEC, JCT and PPC 2000 and is relevant to all ‘mainstream’ contracting, including traditional (with BOQ), design-build, target cost, partnering etc.
• The course will be of benefit to those working for employers, contractors and sub-contractors.

Speakers:

 Lorne Alway, LLB (Hons), FRICS, MCIArb, Barrister, Richard Silver LLB (Hons), MRICS, ADBM,MCIOB, MCI Arb, MEWI, Barrister, Scott Milner BSc (Hons) MSc PG Dip Law PG Legal Practice MRICS MCIArb, Ryland Ash LLB (Hons), ACIArb, Barrister (n/p), Steven Evans BSc(Hons), Dip. in Quantity Surveying, Adv. Certificate in Arbitration, ICIOB, MCIArb, Jaz Bilkhu BSc(Hons), Diploma in Law, PGDip Construction Law, MRICS, ACIArb, Michael Rowlinson, MSc, DipArb, MRICS, FCIOB, MCIArb, FInstCES, Mike Nelson Barrister (non-practising), FRICS, FInstCES. MCIArb., Robert Shawyer LLB(Hons), FRICS, FCIArb, FCIOB, FCInstCES, FSCS - Solicitor, Nigel Clayton, DipArb, FCIArb, FInstCES, MRICS, MAPM

Public Course Delegate Rate:

£280 plus VAT

Course Duration:

1 Day

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Course Content:

OVERVIEW

INTRODUCTION TO DELAYS, DAMAGES, DISRUPTION AND CLAIMS
• Types and nature of claims, meaning of claim. Understanding the background law. Claims for breach of contract, claims under the express terms of the contract. Provisions in NEC, JCTand PPC

RECORD KEEPING AND EVIDENCE
• On site and head office records
• Purpose and preparation
• Timing of preparation and submission
• Use of records
• Advantages of systematic approach
• Division of responsibility
• Records as evidence - weight and credibility

DELAYS, EXTENSIONS OF TIME & LIQUIDATED DAMAGES - PRINCIPLES
• Principles of fixed completion periods
• Acts of prevention/hindrance, time at large
• Obligations to progress the works
• Liquidated damages background principles
• Unliquidated damages
• Extensions of time mechanisms
• Compensation events
• Notices
• Programmes and Accepted Programmes

ANALYSIS AND ENTITLEMENT - DELAYS
• Analysis of the relevant circumstances
• The role and significance of the programme
• Establishing an extension of time
• Cause and effect
• Concurrent/competing causes of delay
• Contract provisions - various forms

DISRUPTION AND ACCELERATION
• Defining disruption and acceleration
• Main criteria
• Review notice requirements and pre-conditions
• Obligations to accelerate
• Entitlement for acceleration costs
• Establishing cause and effect
• Issues falling outside the scope of the express terms
• Meaning and interpretation of cost
• Other rights and remedies

DAMAGES, LOSS, EXPENSE AND COST
• Liquidated/unliquidated
• Provisions in the contracts
• Mechanisms and notices
• Ascertainment and Quantification
• Loss, expense and cost
• Heads of claim

PREPARING/REVIEWING A CLAIM
• Structuring a claim – content and format
• Evidence and backup
• Alternative methods of presentation
• Getting to the actual events
• Law and fact

SETTLEMENT
• Negotiation – techniques & issues
• Objectives and outcome
Settlement agreements and privileged communications


Close Course Content

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Regulations

Management & Communications

Contracts & Legal

Property & Development