REF: | 4087_288776 |
DATE: | 07 - 11 Oct 2024 11.Oct.2024 |
LOCATION: |
Boston (USA) |
INDIVIDUAL FEE: |
5500 Euro |
Introduction to Contract and Claim Management:
The field of contract and claim management encompasses a multitude of aspects critical to the effectiveness of international contracting and dispute resolution. This comprehensive certified contract and claim management training program addresses the intricate process of managing contracts, minimizing disputes, and handling contract claims with a strategic approach.
As contract claims can originate from an array of sources, such as misunderstandings or failures to fulfill contractual obligations, this certified contract and claim management course serves as both an introduction to contract management course for new practitioners. The certified contract and claim management course acts as a certified contract manager training for professionals seeking formal recognition of their expertise.
Understanding Contract and Claim Management Course:
This contract and claim management course is designed to navigate the complexities of contract management by embedding industry knowledge and providing the skills necessary to manage claims proactively. By the end of this contract and claim management program, participants will be armed with the tools to evaluate, prepare, and resolve contract claims through various dispute resolution techniques, ultimately aiming to prevent contested claims from arising.
This detailed contract management training course ensures that participants have a thorough understanding of what a contract claim is, the nuances of contract claim management, and how to apply best practices within the spheres of contract management and contract claims. Through the study of the contracts management training course, this program emboldens professionals to achieve excellence in the field of contract management.
Targeted Groups:
- Contracts and contract administration professionals.
- Tendering and purchasing professionals.
- Engineering, operational, and maintenance professionals.
- Project managers.
- Finance personnel.
Course Objectives:
Participants in this contract management certificate program will acquire the knowledge to:
- Understand how and why claims and counterclaims arise within contract management courses near me or in an international context.
- Distinguish between claims and counterclaims effectively and manage contract claims efficiently.
- Identify common causes of claims and disputes and develop strategies to avoid them with a robust contract management training framework.
- Discuss how to develop contract management procedures to avoid disputes over claims and counterclaims while resisting unjustified claims.
- Enhance understanding of basic negotiation techniques to be used when resolving disputes.
- Provide an understanding of some of the main methods of dispute resolution involving third parties.
- Develop an understanding of Traditional and Alternative Dispute Resolution techniques, including different ways of resolving disputes without recourse to courts or arbitration.
- Provide strategies and tactics for negotiating during disputes.
- Explain how to use contract provisions to reduce the risk of claims and disputes.
- Develop negotiation skills, which will be useful tools in all types of negotiating.
- Increase working knowledge of legal implications and potential problems with foreign legal systems.
- Improve the ability to reduce the risk of claims and disputes.
Targeted Competencies:
At the end of this contract and claim management course, the participants will be able to:
- Claims avoidance and proactive contract claim strategies.
- Comprehensive claims management and certified contract manager training.
- Negotiating and dispute resolution skills tailored for contract management.
- Dispute avoidance and management in international and domestic contexts.
- Strategy and tactic development for counterclaims with a certificate in contract management.
- Preparing counterclaims.
- Analyzing complex international environments with contractual implications.
- Drafting and interpreting contract clauses is a vital component of any contract management certificate program.
- Comprehension of diverse legal systems and their approaches to contract claims.
- Commercial awareness is critical in contract management courses and certifications.
- Focus on interest-based dispute resolution, aligning with the philosophy of collaborative certified contracts management courses.
Course Content:
Unit 1: How Claims and Counterclaims Arise:
- Causes of typical claims.
- Poor drafting of requirements.
- Lack of clarity in the scope of work/services.
- Misunderstanding of legal or technical obligations.
- Understand the client.
- By contractor/supplier.
- Deliberate “misunderstanding”.
- Counterclaims - how they differ from claims.
- Rights of set-off.
- Obligation to perform work.
- Standards.
- Program.
- Acceleration.
- Variations.
- Extension of time.
- Force majeure.
- Overview of main contractual provisions relevant to claims and counterclaims.
Unit 2: Types of Claims and Counterclaims:
- Types of claims in construction and other areas - and their distinctive features.
- Re-measure disputes.
- Variations - disputes on valuation.
- Variations - disputes as to whether there is a change.
- Breaches of contract.
- Quality of workmanship.
- Re-work.
- Rejection of goods.
- Full rejection.
- Partial rejection.
- Liquidated damages and penalties.
- Warranty claims.
- Interface problems - are these always the Contractor’s responsibility?
- Tracking change where client involvement is limited.
- Special issues with documentation in EPC and turnkey contracts.
- Special issues with EPC/turnkey contracts.
Unit 3: Presenting and Evaluating Claims and Counterclaims:
- Requirements for claim presentation.
- Notices.
- Timing and time limits.
- Are time limits binding?
- Format.
- Information.
- Supporting documents.
- Defining features of claims evaluation and management.
- Recognizing the causes of claims.
- Warning signs of disputes.
- Recording claims.
- Reviewing claims.
- Requesting further information.
- Realistic appraisal.
- When to make admissions and denials?
- Offers of settlement.
- Independent review.
- Cumulative effects.
- Managing claims quickly and effectively to avoid disputes.
- Managing claims and disputes.
- Involving lawyers.
- Managing the legal process.
- Setting goals.
- Decision trees.
- Controlling costs - and including them in your thinking.
Unit 4: Dispute Resolution:
- What is a dispute?
- Introduction to dispute resolution methods and techniques.
- Stage negotiation - setting up internal dispute resolution within the contract.
- Measures of success - win-win negotiation.
- Understanding what constitutes a “win” for you.
- What will be a “win” for the other party?
- Mirror negotiation/red teams.
- Negotiating “without prejudice”.
- Making offers.
- Compromise.
- Bargaining.
- Interest-based negotiations.
- Moving away from rights-based thinking.
- Making the cake bigger - settling other issues.
- Non-financial solutions.
- Long-term business relationships.
- Defusing conflict.
- Personality clashes and how to avoid them.
- Dealing with disputes as they arise - not letting them fester.
- Traditional dispute resolution.
- Litigation.
- Use of foreign courts.
- Enforcement.
- Arbitration.
- Domestic.
- International.
- Single or panel.
- Enforcement.
Unit 5: Issues with evidence and production of documents
- Mediation.
- Med/arb and arb/med.
- Adjudication.
- Expert determination.
- Early neutral evaluation.
- Mini-arbitration.
- Dispute review boards.
- Pendulum arbitration.
- Conflict and its resolution.
- Differences between alternative dispute resolution methods.
- Ethical concerns.
- Audit trails.
- Avoiding the suspicion of unethical behavior.
- Problems with settlements based on interests, not rights.
- Applying the same anti-corruption systems to claims as to tendering.
- Avoidance is better than resolution.
- Avoiding claims and counterclaims.
- Avoiding disputes.
- Avoiding litigation and arbitration.