DESCRIPTION:
In partnership with the Transportation Curriculum Coordination Council (TCCC), this 2.5-day course was updated to include coverage of claims avoidance, claims handling, and preparation of legal actions by both the State and the individuals involved. The
course is structured so that emphasis can be given to scheduling (using CPM) or to documentation and preparation of legal actions caused by claims. The host agency's selection should be stated when requesting the course. The course manual and classroom instruction
addresses the following areas:
1. Philosophy/concept of construction contracting, changes and claims competitive bidding/reliance on plans and specifications why claims have increased
2. Construction contracts in laymen's language, basic contract principles significant contract clause changes, differing site conditions, liquidated damages, suspension of work, termination, inspection, acceptance indemnification clauses
3. Strengths and weaknesses of State Highway Contracts
4. Preparing contract documents
5. Contract administration directed and constructive changes procedures (notice, equitable adjustment/force account, timelines scheduling cost evaluations, delay claims/inefficiency/damages exculpatory language, excusable and inexcusable delays acceleration,
disruptions, interferences, performing delay analysis, damage calculations (mitigation)
6. Documentation and record keeping bid documents, periodic reports, schedules, internal and external correspondence, photographs; use as evidence
7. Managing claims identification, procedures, preparation/claim defense plan strategy, claim presentation
8. Negotiation timing, strategy, team approach (workshop)
9. Design consultant liability
10. Disputes resolution litigation, arbitration, administrative procedures alternate disputes resolution
11. How to prepare for trial/arbitration depositions, trial, preparation of exhibits/consultants working with attorneys
OUTCOMES:
Upon completion of the course, participants will be able to:
- Define the recommended terminology associated with claims and the accompanying dispute resolution process
- Identify the three key elements of a claim
- Determine whether or not a change has occurred
- Measure the impacts of the change
- Calculate the resultant cost of the change
- Explain the value of a systems approach to claims avoidance
- Identify the dispute resolution procedures available to the host
TARGET AUDIENCE:
This course is intended for FHWA, State, and local highway design and construction engineers, resident engineers, or individual one step above the project level involved in project development, specification writing, and individuals involved in the preparation
for the defense of a construction claim.
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