Elite - Professional Training & Development

Most contractual claims can be traced to a small number of causes: incomplete or ambiguous contract documents, unclear scope, late information, change instructed informally, and delays that were never analysed when they happened. On the other side, valid claims are lost because notices are missed, records are incomplete and entitlement is argued without reference to the contract. Disputes then escalate to formal proceedings that cost time, money and relationships.

This programme follows claims from their origin to resolution. It moves through five stages: understanding the contract and how it is interpreted, recognising and preventing the causes of claims, preparing and substantiating claims for time and money, assessing and responding to claims, and resolving disputes through negotiation, dispute boards, mediation, expert determination, arbitration or litigation.

Built on recognised practice. The programme references the claims and dispute provisions of the FIDIC 2017 suite (including the Dispute Avoidance/Adjudication Board), the Society of Construction Law Delay and Disruption Protocol, recognised delay analysis methods, and the principles of international arbitration and mediation such as the UNCITRAL Model Law and the ICC Rules. Local law always prevails and participants learn where to seek legal advice.

Decisions this programme improves. Whether an event gives rise to entitlement and under which clause; when and how to give notice; which delay analysis method to use; how much to claim or offer and on what evidence; whether to settle, refer to a dispute board or proceed to arbitration; and how to protect the relationship while protecting the commercial position.

How it is delivered. Twenty hours across five sessions, built around one running case: an infrastructure contract in which late access, design changes and an employer-instructed acceleration lead to competing claims. Participants interpret clauses, prepare a notice and a claim summary, assess the other side's claim, and negotiate a settlement in a structured role play.

In-house option. For organisations, the programme can be tailored to your own contract forms, claims procedures and live or recent project issues, and delivered to project, commercial and legal teams together so that records and responses are consistent.

Who Should Attend

Contract and commercial staff: contract managers, contract administrators, commercial managers and quantity surveyors

Project teams: project managers, construction managers and planning engineers who handle change orders and delays

Owner and consultant representatives: engineers and employer's representatives who assess claims

Legal professionals: in-house counsel and legal officers supporting projects and contracts

Procurement and tendering staff preparing contract documents

Objectives

Identify the main contract documents and apply basic principles of contract interpretation

Recognise the common causes of claims and change orders and propose preventive measures

Classify claims by type, including variation, delay, disruption, acceleration and loss and expense

Apply notice requirements, time bars and claims procedures under typical international contract forms

Specify the records needed to substantiate or defend a claim

Select an appropriate delay analysis method and explain its strengths and limits

Prepare a clear, evidence-based claim or response

Evaluate the quantum of a claim and test its assumptions

Compare dispute resolution routes, including dispute boards, mediation, arbitration and litigation

Use negotiation to resolve claims and disputes before they escalate

Course Outline

The Contract as the Starting Point: Structure and Interpretation

Contract documents, priority of documents and ambiguities
Principles of contract interpretation and the role of governing law
Risk allocation between employer, contractor and consultant
Standard forms: FIDIC 2017 suite and other international forms
Obligations, rights and remedies: what each party can claim
Good faith, cooperation and common civil law and common law differences

Why Claims Arise and How to Prevent Them

Common causes: scope gaps, design changes, late information and site conditions
Change orders and variations: instruction, valuation and approval
Early warning, risk registers and proactive contract administration
Contract administration roles: engineer, project manager and commercial teams
Dispute avoidance: the role of the Dispute Avoidance/Adjudication Board
Document control and digital records as preventive tools

Preparing and Substantiating Claims

Types of claims: variation, delay, disruption, acceleration and loss and expense
Notices, time bars and claims procedures under FIDIC 2017
Records: programmes, correspondence, site diaries and cost data
Delay analysis methods and the SCL Delay and Disruption Protocol
Concurrent delay, float and extension of time
Quantum: prolongation costs, disruption and head office overheads

Assessing and Responding to Claims

Reviewing a claim: entitlement, causation and quantum
Common weaknesses in claims and how to challenge them
Determinations and responses within contractual timeframes
Counterclaims, set-off and liquidated damages
Use of experts: programming, quantum and technical
Ethics and integrity in claims preparation and assessment

Resolving Disputes: From Negotiation to Arbitration

Negotiation as the primary route to resolution
Alternative dispute resolution: mediation, conciliation and expert determination
Dispute boards: role, process and enforceability of decisions
International arbitration: agreements, procedure, costs and enforcement
Litigation and when it is appropriate
Settlement negotiation role play and lessons learned

Competencies

Contract interpretation and risk allocation

Claims prevention and early warning

Change order and variation management

Notices, time bars and claims procedures

Delay analysis and extension of time

Quantum assessment of claims

Claim preparation and response

Dispute boards, mediation and arbitration

Negotiated settlement of disputes

Prague

Explore professional training in Prague across Elite Academy’s full range of disciplines. The city’s position as a well-connected Central European capital offering an accessible professional setting makes it an attractive international setting for scheduled courses and programs arranged to your preferred topic and dates. Elite Academy can deliver its full range of professional training programs in Prague, Czechia. Because the city is a well-connected Central European capital offering an accessible professional setting, it provides a strong international environment for participants from organizations as well as individual professionals. The courses shown on this page represent the programs currently scheduled in Prague; they do not limit what can be delivered there. If your preferred course or date is not listed, you can request any program from our portfolio to be arranged in Prague, subject to scheduling and delivery requirements.

Managing Contractual Claims and Disputes