Ottawa Construction Association

Avoiding Construction Disputes

Upcoming Sessions
There are currently no upcoming sessions scheduled for this course
Course Duration

The course duration is approximately 2 days


Price

OCA Members: $600
Non-Members: $750


Description

OCA is proud to bring in arguably Canada’s leading authority on construction claims – Stephen Revay to do an intensive 2-day program on “Avoiding Construction Disputes”.

This is a unique professional development opportunity for both contractors and buyers of construction to tap into the vast experience and knowledge Stephen has gathered over his career as a leader in providing dispute resolution services.

Day 1 -   Program

1. INTRODUCTION - OVERVIEW
Claim definition - prerequisites for a valid claim - contract and tort liability - usual reasons for disputes

2. OWNER’S AVOIDANCE/DEFENCE OF CLAIMS
Proper project administration - notice provisions - record keeping - monitoring - earned value

3. COMMUNICATION
As a medium to avoid claims - to present claims and getting email under control

4. CLAIMS BY OWNER
Contractor refuses to sign contract (Contract A & B) - various tender cases - Contractor walks off the job - delays completion - liquidated damages - Contractor finishes with deficiencies - cost vs. diminished value - claims against design consultants a developing trend

5. WORKSHOP 1 - TWO CANADIAN COURT CASES

6. CLAIMS BY CONTRACTOR
Restricted access - changed conditions - late and/or incomplete drawings or equipment - active interference with the Contractor means and methods - constructive acceleration - termination and suspension

Day 2 - Program

7. DELAY ANALYSIS
Types of delay - means and methods of analyzing delay - parallel and concurrent delay and the notion of pacing

8. DAMAGE QUANTIFICATION
Pros and cons regarding the various means of quantifying cost - direct and indirect cost - equipment ownership - the failings of the Total Cost approach

9. CHANGE ORDER MANAGEMENT
Do Contractors like changes - dealing with the impact on productivity - ensuring compensation for changes - should Change Orders be qualified - quantifying and describing cumulative impact

10. WORKSHOP 2
In workshop format the quantification of a claim will be examined so as to review delay costs - productivity claims and identify areas of duplication and inflation

11. WORKSHOP 3 - CANADIAN COURT CASE

12. PRODUCTIVITY ANALYSIS/IMPACT COST CLAIMS
Factors which affect productivity - discussion on different methods of calculating productivity claims, i.e. differential cost method - measured mile approach - estimated cost - industry charts - total cost method

13. DISPUTE RESOLUTION
Strengths and weakness of alternate strategies such as negotiation - partnering - mediation - project neutral - arbitration - litigation - discussion on available strategies during and after construction is complete - controlling costs and advisors whilst in the process of resolving disputes

Member Registration Fee - $600 per person                Non-Member Registration Fee - $750 per person


Upcoming Sessions
There are currently no upcoming sessions scheduled for this course