Managing Change Orders and Contractual Claims

Why Attend

The overall aim of this course is to provide participants with introductory knowledge and basic skills needed to deal with claims, variations and disputes between the principals and the contractors. Participants in this interactive course will learn how to analyze contractual issues, identify techniques that are helpful in handling difficult situations and recognize the best practices in resolving disputes amicably.

Course Methodology

This course relies on the use of individual and group exercises aimed at helping participants learn all key contract management activities. The course also features the use of a number of case studies, presentations and role-plays by participants followed by discussions. In addition, this course incorporates pre-and post-testing.

Course Objectives

By the end of the course, participants will be able to:

  • Identify and avoid causes for contractual claims and change orders
  • Outline the major types of change orders and draft a variation order and a notice of breach
  • Recognize and analyze the different types of owners’ claims and contractors’ claims and explain how to deal with each type
  • Demonstrate, through actual situations, the different approaches to handle claims, variation orders and conflicts through mutual collaboration
  • Apply negotiation as the main concept in resolving disputes and conflicts in order to reach a final settlement

Target Audience

All those involved in implementing and administering contracts and handling claims and change orders as well as those involved in any conflict or dispute with a contracting party. In addition, this course is valuable for anyone interested in learning how to avoid or resolve contractual issues.

Target Competencies

  • Contract preparation
  • Handling claims
  • Change management
  • Technical terms and conditions
  • Negotiating contracts
  • Conflict management
  • Contract administration

Location:

South Africa

Training Dates:

Each course starts every Monday of each week. Please book your training on a date that is a Monday.

Course Duration:

Unit Standard:

NQF Level:

Number of Credits:


Course Fees

Note: Please fill in the online application form on the left or bottom if this page to receive a quotation with detailed pricing from AATICD.

How to Apply:

To Apply Simply Fill in the Online Enquiries / Applications form on the Right Sidebar or Bottom of this website https://www.aaticd.co.za

NB:

When filling the online application form; please take note of your desired Training Month, Duration in Weeks and Training Session. This will give us the exact dates you will be attending your classes.

Also note that Tuition Fees must be paid upfront on or before training start date. This is to ensure that all resources are made availabe for you before you start. You will not be allowed into training if fees are not paid and verified.

Also note that Tuition Fees Cancellations must be made 14 business working days before the starting date of training. This will allow us to do a 50% refund of the total amount paid. If cancellations are made thereafter note that no refund will be made to delegates.

Tuition Fees include teas and lunch as well as either a laptop or tablet which a delegate will take home free of charge.

Tuition Fee DOES NOT include Accommodation, Dinners and other Extra Curricular Activities or Incidentals. Delegates are expected to fund this on their own. AATICD will not be held accountable for any incidents to delegates.

In-House Trainings are also available for 3 or more delegates for any duration. Please consult with our Administration for such In-House training bookings.


Course Outline

  • Overview
    • Elements of a contract
    • Contract terms and conditions
    • Basic concepts in contract law:
      • Force majeure
      • Notices: the neglected clause
      • Breach of contract
      • Right to remedy
      • Indemnifications and liabilities
      • Contract termination
    • Why do claims occur: the red flags
    • Change requests
    • Definitions of claims and disputes
    • Claim process
  • Change management
    • Why change management
    • Change order
    • Agreement on estimating process
    • Types of changes and variations
      • Directed changes
      • Constructive changes
      • Cardinal changes
    • Process of change management
    • Writing a variation order
  • Claims nature and types
    • Documentation of the event – notices
    • Procedure and presentation of contractor’s claims
    • Drafting a notice
    • Owner’s claims
      • Defective work
      • Warranty claims
      • FIDIC owner’s claims
    • Contractor’s claims
      • Changed conditions
      • Constructive changes
      • Delays and suspensions
      • Deficiencies in plans and specifications
      • Program extensions
    • FIDIC contractor’s claims
      • Delayed drawings or instructions
      • Right of access to the site
      • Unforeseeable physical conditions
      • Delays caused by authorities
    • Reaching a settlement
    • Drafting a claim
    • Claim evaluation
    • Resolving claims and disputes
      • Monetary damages
      • Disputes and settlement of disputes
      • Alternative dispute resolution:
        • Negotiation: common practices
        • Mediation: neutral third party
        • Arbitration: binding and non-binding
      • Resolution through legal means
    • Negotiation
      • Partnering with suppliers
      • Negotiation objectives
      • Communication and negotiation
      • Negotiating claims