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
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