In the engineering and construction industry, contract claims and disputes are common issues. They occur between owners and contractors, contractors and their subcontractors, contractors and vendors. Resolution of the claims and disputes can be an adversarial and costly process for all parties.
This session discusses the causes and types of claims, the procedures by owners and contractors to avoid claims, and methods to quantify and resolve claims. The session will discuss:
- Current trends;
- Claim components;
- Claim preparation;
- Claim evaluation and response;
- Causes of claims:
- Claims pertaining to quality;
- Change in design;
- Change in site/subsoil conditions;
- Claims pertaining to quantity;
- Increased quantities;
- Extra work;
- Measurement of work performed;
- Ambiguous specification;
- Unreasonably demanding inspection;
- Design enhancement via the shop drawings approval process;
- Deficiencies, re-work/performance;
- Claims pertaining to methods or schedule of the work;
- Owner’s avoidance of claims:
- Contracting strategies;
- Risk allocation/risk management;
- Project administration;
- Usual pitfalls;
- What to watch out for:
- Counter claims;
- Dispute resolution mechanism;
- Dispute resolution board;
- Arbitration; and
At the end of this half-day session, participants will be able to:
- Recognize the most frequently encountered construction claims;
- Claim preparation and evaluation: performing a claim analysis and assessment;
- Techniques for keeping the situation from escalating too far;
- Best practices in selecting solutions to resolve claims situations efficiently; and
- Tips for avoiding claims before they happen.
- “Excellent, dynamic, knowledgeable speaker. Very good examples. Lots of applicable examples. Very good case studies.”
- “Excellent seminar.”
Chair, iProjects Inc.
Dr. George Jergeas is a Civil Engineer with an M.Sc. and PhD in Construction Management from Loughborough University, UK with over 45 years of industry and academic experience. He served as a Professor of Project Management at the University of Calgary from 1994–2020.
George has a strong passion in increasing the efficiency and competency of teams delivering major engineering and construction projects. His expertise includes, project governance, assurance and readiness, risk management, project execution planning, contract strategies, partnering and collaborative relationships, claims and disputes with focus on dispute resolution, and project management training and coaching. George’s partnering methodology has been successfully implemented on over 180 projects across North America.
George has delivered project management training, leadership coaching, and consulting services to professional associations and companies across North America, Asia, and Europe. George is also the author of 3 books, a chapter in a 4th book, and over 100 articles and publications.
His books are:
- "Risk Navigation Strategies for Major Capital Projects: Beyond the Myth of Predictability", Springer, 2011
- "Benevolent Dictatorship for Major Capital Projects", LearnAcademy, 2017, Amazon.ca
- "Project Risk and Opportunity Management, The Owner’s Perspective", Routledge, Taylor & Francis Group, 2019
- "Evolving Toolbox for Complex Project Management", Taylor & Francis Group, November 2019 – The Legal Issues chapter