Upon completion of this intensive course, participants will be able to:

• Differentiate between variations, claims, and change orders and their contractual requirements.
• Implement a systematic process for receiving, validating, and responding to claims within contractual deadlines.
• Establish clear entitlement and quantify the financial cost of a variation or claim using industry standard methods.
• Draft and negotiate comprehensive Change Order clauses that pre-determine pricing and approval paths.
• Manage concurrent delays, disruption claims, and complex liquidated damages assessments.
• Utilize notice provisions and documentation requirements effectively to preserve and defend contractual rights.
• Develop strategies for early resolution of minor disputes before they escalate into formal claims.
• Apply principles of quantum meruit and unjust enrichment when managing non-contractual claims.

• Contract Managers and Administrators (especially in Construction, IT, and Energy sectors)
• Project and Program Managers
• Commercial Directors and Quantity Surveyors
• Claims Specialists and Engineers
• Procurement and Sourcing Professionals
• In-house Legal Staff supporting project execution
• Finance and Cost Control Analysts

• Case studies of major project overruns and successful claims management.
• Workshop on analyzing and quantifying delay and disruption claims (hands-on).
• Group activity focused on documenting a change event and drafting a formal response.
• Role-playing negotiations of a disputed change order between two parties.
• Individual exercises in redlining a standard Change Order clause for ambiguity.

Unit 1: Foundations of Variations and Change Management

• The contractual difference between a variation, a change order, and a construction change directive.
• Drafting a clear scope of work (SOW) and technical specifications to minimize ambiguity.
• Establishing a robust change management process with specific roles and responsibilities.
• The concept of "constructive change" and its legal implications for contract administration.

• Negotiating pricing mechanisms for changes (e.g., fixed price, unit rates, cost-plus).
• Mandating written approval, notice periods, and time limits for submission of change requests.
• The use of "omitted work" and "additive work" provisions in complex agreements.
• Managing the impact of multiple sequential changes on the original contract term and price.

Unit 2: Managing Contractual Claims and Entitlement

• The core elements of a claim: cause, effect, and remedy (entitlement, causation, quantification).
• Analyzing breaches of contract, differing site conditions, and delays caused by the counterparty.
• The importance of precise contract interpretation (ambiguity, trade usage, order of precedence).
• Using contract requirements (e.g., quality standards, specifications) to defend against unwarranted claims.

• Mastering the use of contractual notice provisions for claims, extensions of time, and disputes.
• Developing a systematic process for compiling and managing claims documentation (logs, reports, photos).
• The legal consequences of failing to provide timely notice ("time-bar" clauses).
• Best practices for daily reports, meeting minutes, and correspondence as claims evidence.

Unit 3: Quantification and Financial Assessment of Claims

• Techniques for delay analysis: critical path method (CPM), as-planned vs. as-built analysis.
• Addressing concurrency and pacing: determining the primary cause of simultaneous delays.
• Negotiating extensions of time (EOTs) and associated costs for extended overhead.
• The strategic use of Float and Time at Large concepts in delay management.

• Calculating direct costs (labor, material, equipment) and indirect costs (site overhead, home office overhead).
• The Mactier/Eichleay formulas for unabsorbed home office overhead.
• Assessing disruption, reduced productivity, and acceleration claims.
• Defending against or claiming punitive, special, or consequential damages.

Unit 4: Resolution and Close-Out

• Techniques for negotiating claims and variations to achieve a commercially optimal outcome.
• Using alternative dispute resolution (ADR) mechanisms specifically for claims resolution.
• Structuring compromise agreements, change orders, and final settlement agreements.
• Implementing a "lessons learned" process to prevent recurrence of common claims.

• Contractual requirements for final inspection, acceptance, and lien waivers.
• Managing retention and holdback provisions during the defect liability period.
• Drafting and reviewing final release of claims and discharge documentation.
• Establishing clear timelines for final account reconciliation and dispute resolution.