(ECCM Workshops 4 & 5) Certified Program

Transcription

1 473 Project Contract, Site Management & Claim Preparation (ECCM Workshops 4 & 5) Certified Program برنامج االدارة الموقعية و ادارة العقود للمشروع و تسوية المطالبات و التاخير وتحليل االضرار - معتمد عالميا النزاعات وتحليل 24 October 1 November 2010, Dubai / UAE Description: This course is designed to systematically cover the developmental subjects vital to training competent contract and field administrators to manage time, cost, documentation and disputes during this important phase. Field administration is a critical process in achieving successful facility construction. Most organizations cannot afford the personnel time to apprentice a field administrator in training. This course will focus on the legal, technical and personal responsibilities involved in observation, supervision, and coordination of on site construction, as well as contract close out, all of which are essential in administering the contacts required by today s complex projects. This course will also analyse the issues when a dispute arises during construction and examine its time and cost impacts on a project, thus preventing the dispute from becoming a claim. It is very important that a more cost effective procedure be put in place to resolve such disputes amicably by the parties before project close out. You will also learn how to deal with contract claims since most projects are modified and changes are made within and outside the scope of work, also how to prepare and negotiate a settlement, and produce a counterclaim if needed. The course will help you resolve such claims in a more effective manner and avoid lengthy and expensive litigation. Objectives: The aim of this course is to teach you how to identify management responsibilities, develop your communication skills, learn effective administrative responsibilities, understand legal requirements, 1/1

2 structure effective record keeping methods, and promote good organizational and contract closeout procedures. This workshop will also prepare you to analyze dispute causes and their impact on the time and cost of a project, and to effectively assess the parties entitlements in order to negotiate an amicable settlement. After participating in this course, you will be able to: Understand scheduling techniques and cost estimation methods Differentiate between the various types of activities, floats and cost estimates Prepare a budget cost estimate, project schedule, and project cash flow Identify building system alternatives and critical activities in a project and the time cost relationship Understand life cycle costing and resource management Expand your cost estimating understanding and project scheduling skills Perform project time analysis and cash flow, cost and schedule control, resource allocation and leveling Identify management responsibilities Use effective communication skills Understand effective administrative responsibilities Understand legal requirements Structure and use effective record keeping methods Promote good organization procedures Avoid dispute and claims Who Should Attend Architects, Engineers, Construction Managers, Design and Construction Professionals, architects, engineers, contractors, owners and government agencies; construction inspectors, construction managers, project managers; and others responsible for effective field administration in building construction, Quantity Surveyors, Financiers, Lawyers, Legal Advisors, Project Managers, Design Consultants, Loss Adjusters, Registered Arbitrators and Insurance Consultants Senior Management, Project Management, Construction Managers, Site Engineers, S Project Control Engineers, Financials, Contract Engineers, Planning and Cost Control Engineers 2/2

3 Course Director Prof. Sami M. Fereig, B.Sc. (Hons), M.Sc., M.A. Sc., Ph.D., P.Eng., F.ASCE Prof. Sami M. Fereig has over forty years experience in structural engineering, construction engineering and management, and construction dispute management. He has practised in both North America and the Middle East, and is actively involved in construction contract administration and project and dispute management with a number of organizations, including public sector and private sector companies in engineering and construction. He is the Director of the Certificate Program in Conflict Management for Project and Contract Managers at Conrad Gebel University College at the University of Waterloo, Canada. He was, for 28 years, a professor of civil engineering and construction management at Kuwait University. He has numerous publications in his various areas of specialization, including a five volume set of textbooks covering all aspects of contract management (in Arabic). He is a member of the ADR Institute of Ontario, the Professional Engineers of Ontario, AACE International, PMI, and a Fellow of the American Society of Civil Engineers. For more details, visit Prof. Sami s website at sami.com Course Curriculum: Day 1 Project Documentation and Control Systems Contract Administration in the Field Roles of the Parties Legal and Contractual Roles Pre Construction Activities Keeping Good Records Definition of Records Hierarchy of Records Types of Records The Record as a Constructive Tool in Disputes Construction Documents as Pivotal Communication Records and Tools Keeping Conference and Meeting Records 3/3

4 The Documentation Process Organization of Forms for the Field Administrator s Record System Designing the Record Forms: - Essential Elements: Lean and Effective - Processing the Form Standard Pre printed Forms: - What s Available - Source Application of Forms for Specific Uses On Site Coordination Meetings and Communication Measures to Minimize Disputes Documenting Possible Claim Activity Claim Protection and Mitigation Day 2 The Legal and Contractual Role of the Field Administrator As the Employer s Representative: Centre for all Communications As an Observer: To Monitor the Progress of Work As a Certifier: Of Progress Payment, Substantial Completion As an Interpreter: Clarifier of Contract Documents As a Modifier: Changing Orders and Making Minor Change Orders As a Judge: Responsibility of Separate Primes As an Arbitrator: Disputes between Employer and Contractor As an Evaluator: Shop Drawings and Samples As an Inspector: Punch List Preparation Communications among the Participants during Construction Phase Basis for all Communication The Chain of Command The Formal vs. the Informal The Implied vs. the Explicit When Not to Communicate 4/4

5 Extent of Distribution Other Means of Communicating Day 3 Substantial Completion and Project Hand Over Day 4 Commissioning and Handing Over Substantial Completion Preparation of Punch List Starting of Systems Conclusion Applicable Laws and Laws of the Contract Rights and Obligations of the Parties Damages and Compensations Dispute and Claim Causes and Their Impact Suspension of Work Re sequencing of Work Variation Orders Variations in Estimated Quantities Differing Site Conditions Defective Specifications and Drawings Acceleration of the Work Force Majeure Termination for Convenience Termination for Default and Re procurement Claim and Dispute Management and Prevention Thursday & Friday are weekends 5/5

6 Day 7 Claims for Unforeseen Conditions at the Start of the Job Contractor s Obligation to Investigate the Site Employer s Obligation to Give Information About the Site Unforeseen Behaviours or Conditions Claims for Variations Variation Order Cost Estimates Job Factors Affecting Productivity Overhead and Profit Reservation of Indirect Costs Forms for Pricing Changes Day 8 Evaluation of Claims Related to Project Scheduling Techniques for Proving Delay with CPM Concurrent Delays Acceleration/Job Compression Checklist for Use of CPM in Litigation Claims for Delay Cost Estimation for Variations and Delays Contract Stipulations to Calculate Cost of Variations Scheduling Provisions Emphasis on Network Analysis Techniques Job Acceleration/Compression claims for Disruption The Relationship Between Loss and Expense and Extensions of Time 6/6

7 Day 9 Damages for Delay in Construction Projects Whether to Liquidate or Leave Damages Un liquidated The Assessment and Proof of Damages for Delay The Relative Merits of Liquidated vs. Un liquidated Damages How to Liquidate the Right Sum How Precise is the Reliable Pre Estimate Counterclaims against the Contractor Set Off Claims by the Employer Liquidated Damage Claims by the Employer Claims by the Employer Arising from Defective Materials and Workmanship Claims by Sub Contractors for Money Arising from Delay and Disruption Caused by the Contractor under the Contract Course Language : English/Arabic Course Manual: English Course Fee : US$ 3,500 7/7