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Course Description

Managing Highway Contract Claims: Analysis and Avoidance

PROGRAM AREA: Construction and Maintenance
COURSE NUMBER: FHWA-NHI-134037A
Instructor-led Training (ILT)Instructor-led Training (ILT)
Calendar Year
Length
CEU
Host Price
2014
2.5 Days
1.5 Units
$450 Per Participant
2015
2.5 Days
1.5 Units
$450 Per Participant

TRAINING LEVEL: Intermediate

CLASS SIZE: Minimum: 20 Maximum: 30

COURSE 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.

If you have questions about this NHI training, please contact NHI at nhicustomerservice@dot.gov or 877.558.6873.


134037A SESSION INFORMATION:

Start Date: 2/10/2015
End Date: 2/12/2015
Location: BATON ROUGE, LA
Local Coordinator: Allison Landry (225) 767-9134
Availability:
No Public Seats Available
 
Please contact the Local Coordinator to enroll in this session.
 
3 FHWA Seats
 
Start Date: 2/17/2015
End Date: 2/19/2015
Location: COLUMBIA, SC
Local Coordinator: Conshelda Nelson (803) 737-4066
Availability:
2 Public Seats
$450 Per Participant
 
3 FHWA Seats
 
Start Date: 4/21/2015
End Date: 4/23/2015
Location: HOLLIDAYSBURG, PA
Local Coordinator: Cathy Shoemaker (717) 705-4171
Availability:
No Public Seats Available
 
Please contact the Local Coordinator to enroll in this session.
 
3 FHWA Seats
 

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Host this Course

The National Highway Institute (NHI) has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET). In obtaining this accreditation, NHI has demonstrated that it complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, NHI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

 

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