Delays, damages and claims in construction

• This RECENTLY UP-DATED 1 DAY COURSE deals on a ‘practical’ basis with the law and its application to ‘real’ construction time and/or money claims. It covers all main contract publications including NEC, JCT and PPC 2000 and is relevant to all ‘mainstream’ contracting, including traditional (with BOQ), design-build, target cost, partnering etc.
• The course will be of benefit to those working for employers, contractors and sub-contractors.

OVERVIEW

Introduction to delays, damages, disruption and compensation
• Types and nature of claims, meaning of claim. Understanding the background law. Claims for breach of contract, claims under the express terms of the contract. Provisions in NEC, JCT and PPC

Record keeping and evidence
• On site and head office records
• Purpose and preparation
• Timing of preparation and submission
• Use of records
• Advantages of systematic approach
• Division of responsibility
• Records as evidence - weight and credibility

Delays, extensions of time & liquidated damages - principles
• Principles of fixed completion periods
• Acts of prevention/hindrance, time at large
• Obligations to progress the works
• Liquidated damages background principles
• Unliquidated damages
• Extensions of time mechanisms
• Compensation events
• Notices – written / email
• Programmes and Accepted Programmes

Analysis and entitlement - delays
• Analysis of the relevant circumstances
• The role and significance of the ‘programme’ under different contracts
• Establishing an extension of time
• Cause and effect
• Concurrent/competing causes of delay
• Contract provisions - various forms

Acceleration
• Defining acceleration
• Main criteria
• Obligations to accelerate
• Entitlement for acceleration costs
• Establishing cause and effect
• Issues falling outside the scope of the express terms
• Express terms

Damages, loss, expense and cost
• Liquidated/unliquidated
• Provisions in the contracts
• Mechanisms and notices
• Ascertainment and Quantification
• Loss, expense and cost and defined cost
• Heads of claim
• Other rights and remedies

Preparing/reviewing a claim
• Structuring a claim – content and format
• Evidence and backup
• Alternative methods of presentation
• Getting to the actual events
• Law and fact

Settlement
• Negotiation – techniques & issues
• Objectives and outcome
• Settlement agreements and privileged communications

29 February 2012 Birmingham
28 March 2012 London
29 March 2012 Leeds

22 May 2012 Manchester
12 June 2012 London
17 July 2012 Birmingham

Delivery:	Classroom
Regions:	North East England The West Midlands London
Category:	Construction