Claims Management in Construction Contracts

Construction projects often involve complex contractual relationships and are vulnerable to delays, changes, and disputes. Legal professionals play a critical role in ensuring that claims are legally sound, contractually justified, and resolved efficiently. This course provides a structured legal framework and practical tools for managing claims arising from variations, delays, disruptions, force majeure, and breach of contract, with a focus on FIDIC and other standard forms of contract.

Who Should Attend

Legal Counsel and Advisors in the Construction Sector

Contract and Claims Lawyers

Legal Officers in Engineering and Infrastructure Ministries

In-House Counsel for Construction Firms and Developers

Legal Consultants and Arbitrators

Objectives

Understand the legal principles and common types of construction claims

Learn to identify and manage claims throughout the project lifecycle

Master the process of preparing, documenting, and responding to claims

Apply relevant contractual and statutory provisions to support or defend claims

Explore legal strategies for dispute avoidance and resolution mechanisms

Course Outline

Legal and Contractual Foundations of Construction Claims

Overview of construction law and contractual risk allocation
Key provisions in FIDIC, NEC, and local construction contracts
Definitions and causes of construction claims
Legal tests for entitlement: breach, causation, and damages
The role of legal professionals in contract administration

Types of Claims in Construction Projects

Claims for delay and disruption (EOT claims)
Claims for variations and changes in scope
Claims for unforeseen conditions and force majeure
Acceleration and termination-related claims
Claims for loss, expense, and indirect costs

Claims Preparation and Legal Drafting

Legal and contractual requirements for valid claims
Critical elements: notification, substantiation, causation
Drafting claim notices and legal arguments
Gathering evidence: site records, correspondence, reports
Common errors and how to avoid them

Claims Evaluation, Response, and Risk Management

Legal and technical assessment of claims
Role of contract clauses in accepting or rejecting claims
Evaluation of time-related and cost-related claims
Early dispute resolution: legal advisories and settlements
Risk control through documentation and proactive legal input

Dispute Resolution and Legal Enforcement

Dispute resolution mechanisms: DABs, arbitration, courts
Legal strategy for claim escalation and resolution
Preparing legal submissions and evidence
Enforcing or defending awards or decisions
Case studies in construction claim litigation and arbitration

Competencies

Legal analysis and drafting of construction claims

Contract interpretation and advisory skills

Claims evaluation and defense strategy

Familiarity with dispute resolution frameworks

Legal risk management in construction projects

Kuwait

Train in Kuwait City with access to Elite Academy’s full portfolio of professional programs. In a city known as a key Gulf business and government center with an established professional environment, organizations and professionals can join upcoming courses or request any program to be arranged locally. Professional training in Kuwait City is not limited to a specific group of subjects. Elite Academy makes its complete portfolio available in the city across management, business, technical and industry-focused disciplines. With a key Gulf business and government center with an established professional environment, Kuwait City provides an effective setting for international learning. Use the schedule below to view courses already planned for the destination, or contact our team to request another program and preferred dates in Kuwait City, subject to scheduling and delivery requirements.