managing the construction claim process

6
Managing the Construction Claim Process June 25-27, 2008 Clarion Hotel Universal Orlando, FL July 28-30, 2008 The DoubleTree Surfcomber Hotel Miami Beach, FL The right way to reduce your exposure to risk on a construction project – claims avoidance to claims mitigation Be confident that you are doing the right thing through each stage of a project- from conception to completion. Reduce the risk of a project troubled by expensive disputes and litigation. Attend this how-to workshop and you will see immediate and positive results from the techniques, methods, and approaches that you learn. Register now and spend three info-packed days learning from these talented, suc- cessful construction experts. R. Raymond Issa, Ph.D., J.D., P.E. E. Douglas Lucas, Ph.D. A program sponsored by the M.E. Rinker, Sr., School of Building Construction University of Florida ARE YOU READY FOR BUSINESS... IN A NEW WORLD? E X E C U T I V E E D U C A T I O N

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Page 1: Managing the Construction Claim Process

Managing the ConstructionClaim Process

June 25-27, 2008Clarion Hotel Universal

Orlando, FL

July 28-30, 2008The DoubleTree Surfcomber Hotel

Miami Beach, FL

The right way to reduce your exposure to riskon a construction project – claims avoidance toclaims mitigation Be confident that you are doing the right thing through each stage ofa project- from conception to completion. Reduce the risk of a projecttroubled by expensive disputes and litigation. Attend this how-toworkshop and you will see immediate and positive results from thetechniques, methods, and approaches that you learn. Register nowand spend three info-packed days learning from these talented, suc-cessful construction experts.

R. Raymond Issa, Ph.D., J.D., P.E.

E. Douglas Lucas, Ph.D.

A program sponsored by the M.E. Rinker, Sr., School of Building Construction University of Florida

ARE YOU READY FOR BUS INESS . . . IN A NEW WORLD?

E X E C U T I V E E D U C A T I O N

Page 2: Managing the Construction Claim Process

TakingChargeConstructio Process

lendersgovern-mentregulatorsarchitectscontractors

Day One

The Elements of a Claim• Missed Opportunity of a Claim• Entitlement- Contractual, Industry

Standard or Legal Precedent• Cause-Effect Chain – Establishing liability• Quantum – The financial and time

implications

Design Phase-The First Line of Defense• Design Fees and Design Quality• Design Quality and Potential for Disputes

and Claims• Owner Needs Matrix vs. Design Elements

Matrix• Bid Documents and Equitable Assignment

of Risk• Incentives and De-incentives in the

Contract Document

Bidding and Contract Award Phase- The Second Line of Defense

• Lowest Bidder vs. Lowest ResponsiveBidder

• Pre-Bid Conference- The first opportunityto avoid potential disputes

• Pre-Construction Conference- Establishinga Dispute Avoidance Posture

Day Two

Construction Phase- Starting on the Right Foot

• Partnering• Matrix of Potential for Social Conflict• The Change Process and Disputes• RFI’s, Response Time Analysis and Disputes• Field Records and Disputes• Dispute Resolution Panel

Project Schedule and Cost Tracking – The Early Warning Indicators of Disputes and Claims

• Measuring the Impact of Changesthrough Schedule Impact Updates

• Cost and Resource Loading• S Curves and their Usefulness• As-Planned vs. As-Built Schedule

Comparisons

• Schedule Performance AssessmentSoftware

Assessing the Validity of a Claim• Entitlement• Impact events with Cause-Effect Linkage• Damage Quantum• Determining the validity of entitlement• Issue Chronologies and Impact Events• Time Element Analysis through

Contemporaneous Window or But ForAnalysis

• Direct and Indirect Costs• Apportioning Liability

Day Three

Negotiation- The Art and Science of DisputeSettlement

• Alternative Dispute Resolution (ADR)• Setting the Proper Time and Place• Determining potential points of impasse

before starting• Developing negotiation strategy and tac-

tics before commencement• Influencing the behavior of the other side• Avoiding personal conflict and focus on

issues in dispute• Negotiators for both sides must have ulti-

mate immediate settlement authority• How to handle surprises that might arise

during negotiations• Limit the number of parties to those who

are absolutely necessary to state and vali-date each side’s position

• Identifying and addressing ill feelings• Knowing your BATNA (Best Alternative to

a Negotiated Settlement)• Understanding the impact of human

behavior on the negotiation process• Identifying your personal habits or traits

that limit your success as a negotiator• How to respond to tricks and ploys• Dealing with last minute changes to a

deal• What to do when negotiations break

down

End with mock negotiation session by thestudents arbitrated by the faculty.

onstruction projects are complex and high risk activities. Everyparty either directly or indirectly involved with a construction proj-ect has their own unique biases, incentives, information needs and

schedule but they all share one common factor – financial risk. Theoccurrence of construction claims is one of the most significant contribu-tors to increased financial risk.

Individuals who are responsible for the ownership, finance, insurance,development, inspection, design, management or construction of facili-ties of any type need a breadth of knowledge to be able to avoid, miti-gate or manage construction claims in order to reduce their financialrisk.

Whether you are a seasoned professional or a newcomer to the con-struction process, this intensive program is a must for those who wish toreduce risk and conversely increase their specific financial incentive. Thisprogram will prepare you to make informed decisions and take timelyaction to address claims throughout the life cycle of a construction project.

This is a step-by-step, how-to course. Each key phase of a project andthe specific risk for construction claims will be outlined. Your faculty willshow you specific actions to take to handle these claims more effectively.

Using real world examples, you will see how to detect warning signsof potential construction claims and methods to avoid or mitigatethese claims. The course focuses on types of claims, the structure ofclaims, claim warning indicators, methods for analyzing and determin-ing the validity of claims, and negotiation skills from project concep-tion to project closeout. When you finish this course you will be readyto effectively manage the construction claims process.

Look at what you will cover in this highly interactive course:

� The Elements of a Claim� Actions to address claims during the Design Phase- The First

Line of Defense� Claims avoidance techniques for the Bidding and Contract Award

Phase- The Second Line of Defense� Actions, processes, and field record keeping methods to avoid

and/or manage claims during the Construction Phase� Recognition and utilization of the early warning indicators of claims

and disputes� Methods for analyzing and assessing the validity of a construction

claim� The art and science of negotiating claims settlements� The upside and downside risks associated with different forms of

alternate dispute resolution

Managing the Construction Claims Process

Who should attend?Any individual who purchases, devel-

ops, finances, designs, manages, insures ordelivers construction services. These indi-viduals include owners, owner’s represen-tatives, design team managers, projectarchitects, engineering consultants, con-struction managers, insurance firms,lenders, lawyers, building departmentofficials, inspectors, investor/owners, con-tractors and sub-contractors.

You will take home extensive information and reference materials:This course manual will provide a refer-ence guide to the process of the avoid-ance, mitigation and management of con-struction claims. The manual provides youwith details of the seminar in a conven-ient format for note taking and serves asa reference guide for later use. Also, youwill receive a CD-ROM version of the ref-erence manual, containing all the coursematerials.

Time Schedule:Registration begins at 8:00 a.m. on the

first day of the conference. Seminarbegins at 8:30 a.m. and concludes at 5:00p.m. each day. Concluding times maychange based on workshop dynamics andparticipant’s requests.

U N I V E R S I T Y O F F L O R I D A E X E C U T I V E E D U C AT I O N E X E C U T I V E E D U C A T I O N

FOR MORE INFORMATION ON THIS PROGRAM:Call Dottie Beaupied, Program Coordinator(352) 273-1181 � FAX (352) 846-2772 � [email protected]

C

Y

O

U

R

W

O

R

K

S

H

O

P

A

G

E

N

D

A

Meet your facultyR. Raymond Issa, Ph.D., J.D., P.E., is currently Rinker professor and director of Graduate

and Distance Education Programs in the M. E. Rinker, Sr. School of Building Construction,where for the past 15 years he has been teaching research methods, construction law andconstruction information systems courses. Raymond has authored more than 120 publica-tions and reports and he has received recognition for in excellence in both research (UFResearch Foundation Professor) and teaching. Raymond has many years of experience atvarious levels in the construction industry, with his most recent role being that of owner'srepresentative on commercial and academic construction projects. Raymond has beeninvolved in training faculty in China and the Middle East and has conducted numerousworkshops for construction professionals in China, Singapore, and Korea. Raymond is alsoactive in planning and developing corporate distance education delivery systems and web-based project management and documentation systems and he has chaired many Nationaland International Committees and Task Groups in the areas of Construction Education,Artificial Intelligence and Information Technology. Dr. Issa has served on the advisory boardvarious construction organizations, including the National Center for Construction Educationand Research and the Fluor UF Partnership.

Douglas E. Lucas, Ph.D., is currently a lecturer in the M. E. Rinker, Sr. School of BuildingConstruction. Doug spent years working in the U.S. Naval Mobile Construction Battalions(SEABEES) as a surveyor, soils/material testing technician and draftsman/designer. After leav-ing the military, Douglas worked as a planner/scheduler and cost control engineer. In 1983,Doug entered the construction disputes business when he joined Hill International’s LosAngeles market as a construction claims consultant. Doug moved on to become SoutheastRegional Marketing Manager for Kellog Corporation, a nationally based construction claimsconsulting firm based in Denver, CO. Doug has taught seminars on CPM Scheduling andConstruction Claims for the Army Corp of Engineers and environmental agencies in theSoutheast. Doug has also published many articles for the AACE, PMI and a number of tradepublications and made presentations at a variety of conferences about issues related to con-struction disputes, construction productivity, construction delays and project management.Since 1995 Doug has been operating his own consulting firm that provides services in CPMscheduling and construction disputes and he has worked on hundreds of construction claimsand disputes. Doug has testified as an expert witness in arbitrations, and courts of law at thelocal, state and federal levels including the Armed Forces Board of Contract Appeals. Dougwas formally a construction arbitrator with the AAA and is active in the AACE International.

The Location:The Clarion Hotel Universal is located in Orlando's popular International Drive resort area, less

than a mile from theme parks and popular entertainment Mention that you are with this pro-gram to receive the special conference room rate.

May 10-12, 2007International Plaza Resort and Spa

10100 International Drive, Orlando, FL 32821Call Toll Free: 1–800–327-0363

Voice (407) 352-1100 Fax (407) 425-7440

The DoubleTree Surfcomber Hotel is located on beautiful South Beach. For your enjoymentthe hotel has many amenities including an outdoor pool with Bar and Grill. The hotel sitsoceanfront with direct beach access. Guests are within walking distance of shops, restaurants,and Lincoln Road, one the most attractive tourist boulevards.

August 6-8, 2007DoubleTree Surfcomber Hotel

1717 Collins AvenueMiami Beach, FL 33139

Call Toll Free: 1–800–222-TREEVoice (305) 532-7715 Fax (305) 532-7280

This program is endorsed by theConstruction Owners Association of

America

Rinker Executive Education University of Florida

Rinker Executive Education at theUniversity of Florida (Rinkereexec) pro-vides professional education acrossmany diverse disciplines, emphasizingleading-edge concepts, core competi-tion, and practices relevant for today’schanging economy. Our programs aredesigned to deliver meaningful results.Course content and materials are meantto be practical and challenging, empha-sizing relevance beyond the classroomto today’s global markets.

Tailored programsWe work with you to tailor and deliv-

er programs that build needed knowl-edge and skills while reflecting yourorganization’s values and vision. We areparticularly skilled at finding and align-ing teachers, materials, and experienceswith your specific strategic objectives.You can draw upon and integrate thebroad expertise of the entire Universityof Florida – a feature few executive edu-cation groups can offer.

Management retreatsWe enjoy collaborating with organ-

izations and associations in designingand facilitating unique events.Whether it’s an executive retreatdesigned to create new strategy, builda new leadership team, or workthrough a major issue, our profession-al staff and other talented facilitatorsare available to assist in all aspects ofprogram planning and facilitation.

FOR ADDITIONAL INFORMATION ONOTHER Rinkereexec SERVICES, CONTACT:

Dottie Beaupied, Program AssistantUniversity of Florida

RNK304 / PO Box 115703Gainesville, Florida 32611-5703

Tel: (352) 273-1181 Fax: (352) 846-2772E-Mail: [email protected]

Seminar Fee: $1850The fee covers tuition, course

binder and teaching materials, CDROM, continental breakfasts, cof-fee breaks, and lunch during eachday of the course. Full paymentmust be received by the start ofthe program. Enrollment is notguaranteed until full payment isreceived.

Page 3: Managing the Construction Claim Process

TakingChargeConstructio Process

lendersgovern-mentregulatorsarchitectscontractors

Day One

The Elements of a Claim• Missed Opportunity of a Claim• Entitlement- Contractual, Industry

Standard or Legal Precedent• Cause-Effect Chain – Establishing liability• Quantum – The financial and time

implications

Design Phase-The First Line of Defense• Design Fees and Design Quality• Design Quality and Potential for Disputes

and Claims• Owner Needs Matrix vs. Design Elements

Matrix• Bid Documents and Equitable Assignment

of Risk• Incentives and De-incentives in the

Contract Document

Bidding and Contract Award Phase- The Second Line of Defense

• Lowest Bidder vs. Lowest ResponsiveBidder

• Pre-Bid Conference- The first opportunityto avoid potential disputes

• Pre-Construction Conference- Establishinga Dispute Avoidance Posture

Day Two

Construction Phase- Starting on the Right Foot

• Partnering• Matrix of Potential for Social Conflict• The Change Process and Disputes• RFI’s, Response Time Analysis and Disputes• Field Records and Disputes• Dispute Resolution Panel

Project Schedule and Cost Tracking – The Early Warning Indicators of Disputes and Claims

• Measuring the Impact of Changesthrough Schedule Impact Updates

• Cost and Resource Loading• S Curves and their Usefulness• As-Planned vs. As-Built Schedule

Comparisons

• Schedule Performance AssessmentSoftware

Assessing the Validity of a Claim• Entitlement• Impact events with Cause-Effect Linkage• Damage Quantum• Determining the validity of entitlement• Issue Chronologies and Impact Events• Time Element Analysis through

Contemporaneous Window or But ForAnalysis

• Direct and Indirect Costs• Apportioning Liability

Day Three

Negotiation- The Art and Science of DisputeSettlement

• Alternative Dispute Resolution (ADR)• Setting the Proper Time and Place• Determining potential points of impasse

before starting• Developing negotiation strategy and tac-

tics before commencement• Influencing the behavior of the other side• Avoiding personal conflict and focus on

issues in dispute• Negotiators for both sides must have ulti-

mate immediate settlement authority• How to handle surprises that might arise

during negotiations• Limit the number of parties to those who

are absolutely necessary to state and vali-date each side’s position

• Identifying and addressing ill feelings• Knowing your BATNA (Best Alternative to

a Negotiated Settlement)• Understanding the impact of human

behavior on the negotiation process• Identifying your personal habits or traits

that limit your success as a negotiator• How to respond to tricks and ploys• Dealing with last minute changes to a

deal• What to do when negotiations break

down

End with mock negotiation session by thestudents arbitrated by the faculty.

onstruction projects are complex and high risk activities. Everyparty either directly or indirectly involved with a construction proj-ect has their own unique biases, incentives, information needs and

schedule but they all share one common factor – financial risk. Theoccurrence of construction claims is one of the most significant contribu-tors to increased financial risk.

Individuals who are responsible for the ownership, finance, insurance,development, inspection, design, management or construction of facili-ties of any type need a breadth of knowledge to be able to avoid, miti-gate or manage construction claims in order to reduce their financialrisk.

Whether you are a seasoned professional or a newcomer to the con-struction process, this intensive program is a must for those who wish toreduce risk and conversely increase their specific financial incentive. Thisprogram will prepare you to make informed decisions and take timelyaction to address claims throughout the life cycle of a construction project.

This is a step-by-step, how-to course. Each key phase of a project andthe specific risk for construction claims will be outlined. Your faculty willshow you specific actions to take to handle these claims more effectively.

Using real world examples, you will see how to detect warning signsof potential construction claims and methods to avoid or mitigatethese claims. The course focuses on types of claims, the structure ofclaims, claim warning indicators, methods for analyzing and determin-ing the validity of claims, and negotiation skills from project concep-tion to project closeout. When you finish this course you will be readyto effectively manage the construction claims process.

Look at what you will cover in this highly interactive course:

� The Elements of a Claim� Actions to address claims during the Design Phase- The First

Line of Defense� Claims avoidance techniques for the Bidding and Contract Award

Phase- The Second Line of Defense� Actions, processes, and field record keeping methods to avoid

and/or manage claims during the Construction Phase� Recognition and utilization of the early warning indicators of claims

and disputes� Methods for analyzing and assessing the validity of a construction

claim� The art and science of negotiating claims settlements� The upside and downside risks associated with different forms of

alternate dispute resolution

Managing the Construction Claims Process

Who should attend?Any individual who purchases, devel-

ops, finances, designs, manages, insures ordelivers construction services. These indi-viduals include owners, owner’s represen-tatives, design team managers, projectarchitects, engineering consultants, con-struction managers, insurance firms,lenders, lawyers, building departmentofficials, inspectors, investor/owners, con-tractors and sub-contractors.

You will take home extensive information and reference materials:This course manual will provide a refer-ence guide to the process of the avoid-ance, mitigation and management of con-struction claims. The manual provides youwith details of the seminar in a conven-ient format for note taking and serves asa reference guide for later use. Also, youwill receive a CD-ROM version of the ref-erence manual, containing all the coursematerials.

Time Schedule:Registration begins at 8:00 a.m. on the

first day of the conference. Seminarbegins at 8:30 a.m. and concludes at 5:00p.m. each day. Concluding times maychange based on workshop dynamics andparticipant’s requests.

U N I V E R S I T Y O F F L O R I D A E X E C U T I V E E D U C AT I O N E X E C U T I V E E D U C A T I O N

FOR MORE INFORMATION ON THIS PROGRAM:Call Dottie Beaupied, Program Coordinator(352) 273-1181 � FAX (352) 846-2772 � [email protected]

C

Y

O

U

R

W

O

R

K

S

H

O

P

A

G

E

N

D

AMeet your faculty

R. Raymond Issa, Ph.D., J.D., P.E., is currently Rinker professor and director of Graduateand Distance Education Programs in the M. E. Rinker, Sr. School of Building Construction,where for the past 15 years he has been teaching research methods, construction law andconstruction information systems courses. Raymond has authored more than 120 publica-tions and reports and he has received recognition for in excellence in both research (UFResearch Foundation Professor) and teaching. Raymond has many years of experience atvarious levels in the construction industry, with his most recent role being that of owner'srepresentative on commercial and academic construction projects. Raymond has beeninvolved in training faculty in China and the Middle East and has conducted numerousworkshops for construction professionals in China, Singapore, and Korea. Raymond is alsoactive in planning and developing corporate distance education delivery systems and web-based project management and documentation systems and he has chaired many Nationaland International Committees and Task Groups in the areas of Construction Education,Artificial Intelligence and Information Technology. Dr. Issa has served on the advisory boardvarious construction organizations, including the National Center for Construction Educationand Research and the Fluor UF Partnership.

Douglas E. Lucas, Ph.D., is currently a lecturer in the M. E. Rinker, Sr. School of BuildingConstruction. Doug spent years working in the U.S. Naval Mobile Construction Battalions(SEABEES) as a surveyor, soils/material testing technician and draftsman/designer. After leav-ing the military, Douglas worked as a planner/scheduler and cost control engineer. In 1983,Doug entered the construction disputes business when he joined Hill International’s LosAngeles market as a construction claims consultant. Doug moved on to become SoutheastRegional Marketing Manager for Kellog Corporation, a nationally based construction claimsconsulting firm based in Denver, CO. Doug has taught seminars on CPM Scheduling andConstruction Claims for the Army Corp of Engineers and environmental agencies in theSoutheast. Doug has also published many articles for the AACE, PMI and a number of tradepublications and made presentations at a variety of conferences about issues related to con-struction disputes, construction productivity, construction delays and project management.Since 1995 Doug has been operating his own consulting firm that provides services in CPMscheduling and construction disputes and he has worked on hundreds of construction claimsand disputes. Doug has testified as an expert witness in arbitrations, and courts of law at thelocal, state and federal levels including the Armed Forces Board of Contract Appeals. Dougwas formally a construction arbitrator with the AAA and is active in the AACE International.

The Location:The Clarion Hotel Universal is located in Orlando's popular International Drive resort area, less

than a mile from theme parks and popular entertainment Mention that you are with this pro-gram to receive the special conference room rate.

May 10-12, 2007International Plaza Resort and Spa

10100 International Drive, Orlando, FL 32821Call Toll Free: 1–800–327-0363

Voice (407) 352-1100 Fax (407) 425-7440

The DoubleTree Surfcomber Hotel is located on beautiful South Beach. For your enjoymentthe hotel has many amenities including an outdoor pool with Bar and Grill. The hotel sitsoceanfront with direct beach access. Guests are within walking distance of shops, restaurants,and Lincoln Road, one the most attractive tourist boulevards.

August 6-8, 2007DoubleTree Surfcomber Hotel

1717 Collins AvenueMiami Beach, FL 33139

Call Toll Free: 1–800–222-TREEVoice (305) 532-7715 Fax (305) 532-7280

This program is endorsed by theConstruction Owners Association of

America

Rinker Executive Education University of Florida

Rinker Executive Education at theUniversity of Florida (Rinkereexec) pro-vides professional education acrossmany diverse disciplines, emphasizingleading-edge concepts, core competi-tion, and practices relevant for today’schanging economy. Our programs aredesigned to deliver meaningful results.Course content and materials are meantto be practical and challenging, empha-sizing relevance beyond the classroomto today’s global markets.

Tailored programsWe work with you to tailor and deliv-

er programs that build needed knowl-edge and skills while reflecting yourorganization’s values and vision. We areparticularly skilled at finding and align-ing teachers, materials, and experienceswith your specific strategic objectives.You can draw upon and integrate thebroad expertise of the entire Universityof Florida – a feature few executive edu-cation groups can offer.

Management retreatsWe enjoy collaborating with organ-

izations and associations in designingand facilitating unique events.Whether it’s an executive retreatdesigned to create new strategy, builda new leadership team, or workthrough a major issue, our profession-al staff and other talented facilitatorsare available to assist in all aspects ofprogram planning and facilitation.

FOR ADDITIONAL INFORMATION ONOTHER Rinkereexec SERVICES, CONTACT:

Dottie Beaupied, Program AssistantUniversity of Florida

RNK304 / PO Box 115703Gainesville, Florida 32611-5703

Tel: (352) 273-1181 Fax: (352) 846-2772E-Mail: [email protected]

Seminar Fee: $1850The fee covers tuition, course

binder and teaching materials, CDROM, continental breakfasts, cof-fee breaks, and lunch during eachday of the course. Full paymentmust be received by the start ofthe program. Enrollment is notguaranteed until full payment isreceived.

Page 4: Managing the Construction Claim Process

TakingChargeConstructio Process

lendersgovern-mentregulatorsarchitectscontractors

Day One

The Elements of a Claim• Missed Opportunity of a Claim• Entitlement- Contractual, Industry

Standard or Legal Precedent• Cause-Effect Chain – Establishing liability• Quantum – The financial and time

implications

Design Phase-The First Line of Defense• Design Fees and Design Quality• Design Quality and Potential for Disputes

and Claims• Owner Needs Matrix vs. Design Elements

Matrix• Bid Documents and Equitable Assignment

of Risk• Incentives and De-incentives in the

Contract Document

Bidding and Contract Award Phase- The Second Line of Defense

• Lowest Bidder vs. Lowest ResponsiveBidder

• Pre-Bid Conference- The first opportunityto avoid potential disputes

• Pre-Construction Conference- Establishinga Dispute Avoidance Posture

Day Two

Construction Phase- Starting on the Right Foot

• Partnering• Matrix of Potential for Social Conflict• The Change Process and Disputes• RFI’s, Response Time Analysis and Disputes• Field Records and Disputes• Dispute Resolution Panel

Project Schedule and Cost Tracking – The Early Warning Indicators of Disputes and Claims

• Measuring the Impact of Changesthrough Schedule Impact Updates

• Cost and Resource Loading• S Curves and their Usefulness• As-Planned vs. As-Built Schedule

Comparisons

• Schedule Performance AssessmentSoftware

Assessing the Validity of a Claim• Entitlement• Impact events with Cause-Effect Linkage• Damage Quantum• Determining the validity of entitlement• Issue Chronologies and Impact Events• Time Element Analysis through

Contemporaneous Window or But ForAnalysis

• Direct and Indirect Costs• Apportioning Liability

Day Three

Negotiation- The Art and Science of DisputeSettlement

• Alternative Dispute Resolution (ADR)• Setting the Proper Time and Place• Determining potential points of impasse

before starting• Developing negotiation strategy and tac-

tics before commencement• Influencing the behavior of the other side• Avoiding personal conflict and focus on

issues in dispute• Negotiators for both sides must have ulti-

mate immediate settlement authority• How to handle surprises that might arise

during negotiations• Limit the number of parties to those who

are absolutely necessary to state and vali-date each side’s position

• Identifying and addressing ill feelings• Knowing your BATNA (Best Alternative to

a Negotiated Settlement)• Understanding the impact of human

behavior on the negotiation process• Identifying your personal habits or traits

that limit your success as a negotiator• How to respond to tricks and ploys• Dealing with last minute changes to a

deal• What to do when negotiations break

down

End with mock negotiation session by thestudents arbitrated by the faculty.

onstruction projects are complex and high risk activities. Everyparty either directly or indirectly involved with a construction proj-ect has their own unique biases, incentives, information needs and

schedule but they all share one common factor – financial risk. Theoccurrence of construction claims is one of the most significant contribu-tors to increased financial risk.

Individuals who are responsible for the ownership, finance, insurance,development, inspection, design, management or construction of facili-ties of any type need a breadth of knowledge to be able to avoid, miti-gate or manage construction claims in order to reduce their financialrisk.

Whether you are a seasoned professional or a newcomer to the con-struction process, this intensive program is a must for those who wish toreduce risk and conversely increase their specific financial incentive. Thisprogram will prepare you to make informed decisions and take timelyaction to address claims throughout the life cycle of a construction project.

This is a step-by-step, how-to course. Each key phase of a project andthe specific risk for construction claims will be outlined. Your faculty willshow you specific actions to take to handle these claims more effectively.

Using real world examples, you will see how to detect warning signsof potential construction claims and methods to avoid or mitigatethese claims. The course focuses on types of claims, the structure ofclaims, claim warning indicators, methods for analyzing and determin-ing the validity of claims, and negotiation skills from project concep-tion to project closeout. When you finish this course you will be readyto effectively manage the construction claims process.

Look at what you will cover in this highly interactive course:

� The Elements of a Claim� Actions to address claims during the Design Phase- The First

Line of Defense� Claims avoidance techniques for the Bidding and Contract Award

Phase- The Second Line of Defense� Actions, processes, and field record keeping methods to avoid

and/or manage claims during the Construction Phase� Recognition and utilization of the early warning indicators of claims

and disputes� Methods for analyzing and assessing the validity of a construction

claim� The art and science of negotiating claims settlements� The upside and downside risks associated with different forms of

alternate dispute resolution

Managing the Construction Claims Process

Who should attend?Any individual who purchases, devel-

ops, finances, designs, manages, insures ordelivers construction services. These indi-viduals include owners, owner’s represen-tatives, design team managers, projectarchitects, engineering consultants, con-struction managers, insurance firms,lenders, lawyers, building departmentofficials, inspectors, investor/owners, con-tractors and sub-contractors.

You will take home extensive information and reference materials:This course manual will provide a refer-ence guide to the process of the avoid-ance, mitigation and management of con-struction claims. The manual provides youwith details of the seminar in a conven-ient format for note taking and serves asa reference guide for later use. Also, youwill receive a CD-ROM version of the ref-erence manual, containing all the coursematerials.

Time Schedule:Registration begins at 8:00 a.m. on the

first day of the conference. Seminarbegins at 8:30 a.m. and concludes at 5:00p.m. each day. Concluding times maychange based on workshop dynamics andparticipant’s requests.

U N I V E R S I T Y O F F L O R I D A E X E C U T I V E E D U C AT I O N E X E C U T I V E E D U C A T I O N

FOR MORE INFORMATION ON THIS PROGRAM:Call Dottie Beaupied, Program Coordinator(352) 273-1181 � FAX (352) 846-2772 � [email protected]

C

Y

O

U

R

W

O

R

K

S

H

O

P

A

G

E

N

D

A

Meet your facultyR. Raymond Issa, Ph.D., J.D., P.E., is currently Rinker professor and director of Graduate

and Distance Education Programs in the M. E. Rinker, Sr. School of Building Construction,where for the past 15 years he has been teaching research methods, construction law andconstruction information systems courses. Raymond has authored more than 120 publica-tions and reports and he has received recognition for in excellence in both research (UFResearch Foundation Professor) and teaching. Raymond has many years of experience atvarious levels in the construction industry, with his most recent role being that of owner'srepresentative on commercial and academic construction projects. Raymond has beeninvolved in training faculty in China and the Middle East and has conducted numerousworkshops for construction professionals in China, Singapore, and Korea. Raymond is alsoactive in planning and developing corporate distance education delivery systems and web-based project management and documentation systems and he has chaired many Nationaland International Committees and Task Groups in the areas of Construction Education,Artificial Intelligence and Information Technology. Dr. Issa has served on the advisory boardvarious construction organizations, including the National Center for Construction Educationand Research and the Fluor UF Partnership.

Douglas E. Lucas, Ph.D., is currently a lecturer in the M. E. Rinker, Sr. School of BuildingConstruction. Doug spent years working in the U.S. Naval Mobile Construction Battalions(SEABEES) as a surveyor, soils/material testing technician and draftsman/designer. After leav-ing the military, Douglas worked as a planner/scheduler and cost control engineer. In 1983,Doug entered the construction disputes business when he joined Hill International’s LosAngeles market as a construction claims consultant. Doug moved on to become SoutheastRegional Marketing Manager for Kellog Corporation, a nationally based construction claimsconsulting firm based in Denver, CO. Doug has taught seminars on CPM Scheduling andConstruction Claims for the Army Corp of Engineers and environmental agencies in theSoutheast. Doug has also published many articles for the AACE, PMI and a number of tradepublications and made presentations at a variety of conferences about issues related to con-struction disputes, construction productivity, construction delays and project management.Since 1995 Doug has been operating his own consulting firm that provides services in CPMscheduling and construction disputes and he has worked on hundreds of construction claimsand disputes. Doug has testified as an expert witness in arbitrations, and courts of law at thelocal, state and federal levels including the Armed Forces Board of Contract Appeals. Dougwas formally a construction arbitrator with the AAA and is active in the AACE International.

The Location:The Clarion Hotel Universal is located in Orlando's popular International Drive resort area, less

than a mile from theme parks and popular entertainment Mention that you are with this pro-gram to receive the special conference room rate.

June 25-27, 2008Clarion Hotel Universal

7299 Universal Boulevard, Orlando, FL 32819Call Toll Free: 1–800–327-0363

Voice (407) 352-1100 Fax (407) 425-7440

The DoubleTree Surfcomber Hotel is located on beautiful South Beach. For your enjoymentthe hotel has many amenities including an outdoor pool with Bar and Grill. The hotel sitsoceanfront with direct beach access. Guests are within walking distance of shops, restaurants,and Lincoln Road, one the most attractive tourist boulevards.

July 28-30, 2008DoubleTree Surfcomber Hotel

1717 Collins AvenueMiami Beach, FL 33139

Call Toll Free: 1–800–222-TREEVoice (305) 532-7715 Fax (305) 532-7280

This program is endorsed by theConstruction Owners Association of

America

Rinker Executive Education University of Florida

Rinker Executive Education at theUniversity of Florida (Rinkereexec) pro-vides professional education acrossmany diverse disciplines, emphasizingleading-edge concepts, core competi-tion, and practices relevant for today’schanging economy. Our programs aredesigned to deliver meaningful results.Course content and materials are meantto be practical and challenging, empha-sizing relevance beyond the classroomto today’s global markets.

Tailored programsWe work with you to tailor and deliv-

er programs that build needed knowl-edge and skills while reflecting yourorganization’s values and vision. We areparticularly skilled at finding and align-ing teachers, materials, and experienceswith your specific strategic objectives.You can draw upon and integrate thebroad expertise of the entire Universityof Florida – a feature few executive edu-cation groups can offer.

Management retreatsWe enjoy collaborating with organ-

izations and associations in designingand facilitating unique events.Whether it’s an executive retreatdesigned to create new strategy, builda new leadership team, or workthrough a major issue, our profession-al staff and other talented facilitatorsare available to assist in all aspects ofprogram planning and facilitation.

FOR ADDITIONAL INFORMATION ONOTHER Rinkereexec SERVICES, CONTACT:

Dottie Beaupied, Program AssistantUniversity of Florida

RNK304 / PO Box 115703Gainesville, Florida 32611-5703

Tel: (352) 273-1181 Fax: (352) 846-2772E-Mail: [email protected]

Seminar Fee: $1850The fee covers tuition, course

binder and teaching materials, CDROM, continental breakfasts, cof-fee breaks, and lunch during eachday of the course. Full paymentmust be received by the start ofthe program. Enrollment is notguaranteed until full payment isreceived.

Page 5: Managing the Construction Claim Process

The M.E. Rinker Sr. School of Building Construction at the University of Florida

The M.E. Rinker Sr. School of Building Construction at the University of Florida isAmerica’s oldest school of building construction. It is housed within the largest Collegeof Design, Construction and Planning in the U.S. Accredited by the American Councilfor Construction Education, it offers a variety of undergraduate and graduate courses.These courses are offered at the University campus, and throughout the US and over-seas via the Internet. Twenty-three full-time faculty members, provide the knowledgeand guidance for the School's over 600 undergraduate and 120 graduate students.

The undergraduate curriculum is divided into three fields of concentration: construc-tion techniques, industrial and structural concepts and construction management. Theadvice of leading construction firms is used to continuously update the curriculum.

Internationally recognized research is conducted through four research centers: TheShimberg Center for Affordable Housing, The Center for Force Protection, The PowellCenter for Construction and Environment and The Fluor Program for ConstructionSafety.

The Rinker School has been recognized as an outstanding program by theAssociated General Contractors Education and Research Foundation, and has earned anational and international reputation of quality education and research. Most recent-ly, the school was selected from ninety-three schools, to be the host institution for theNational Center for Construction Education and Research (NCCER).

Rinker School Programs:In Residence

Bachelor of Science in Building ConstructionMaster of Science in Building ConstructionPh.D. in Design, Construction and Planning -- Building Construction

Distance LearningMaster of International Construction Management Bachelor’s/Master’s of Fire and Emergency Services

For more information on these degree offerings, please contact the: M.E. Rinker, Sr., School of Building ConstructionUniversity of FloridaP.O. Box 115703Gainesville, Florida 32611-5703, USA(352) 273 1181email: [email protected]://www.bcn.ufl.edu

U N I V E R S I T Y O F F L O R I D A E X E C U T I V E E D U C A T I O N

Page 6: Managing the Construction Claim Process

PLEASE REGISTER THE FOLLOWING PERSON FOR:Managing the ConstructionClaim Process

June 25-27, 2008Clarion Hotel UniversalOrlando, FL July 28-30, 2008DoubleTree Surfcomber HotelMiami Beach, FL

IMPORTANTTo expedite your registration, fill in the UFL code thatappears in the box above the mailing address area:

TO REGISTER:

By Phone: Call us at: (352) 273-1181By Fax: Fax your completedenrollment form to: (352) 846-2772To Mail: Mail this completed Enrollment form to:

Dottie BeaupiedM.E.Rinker Sr., School of Building ConstructionUniversity of FloridaBox 115703Gainesville, FL 32611-5703

For the latest info and additional copies, please visit:http://www.bcn.ufl.edu/pde/

Rinker Executive EducationRinkerexecBox 115703Gainesville, FL 32611-5703

Managing the ConstructionClaim ProcessJune 25-27, 2008Clarion Hotel UniversalOrlando, FL (800) 327-0363

July 28-30, 2008DoubleTree Surfcomber HotelMiami Beach, FL (800) 222-TREE

R E G I S T R A T I O N D E T A I L S

CANCELLATION POLICY: No charge for cancellations prior to 30 days of the program’sstarting date. Cancellations within 30 days of the beginning of a program will becharged 25 percent of program fee. Please note that if this course is cancelled for anyreason, the University of Florida’s liability is limited to a refund of the registration fees.The University of Florida provides reasonable access for persons with disabilities to allprograms, services, and activities. Please call (352) 273 1181 twenty-one days prior tothe seminar date if special accommodations are required.

PLEASE PRINT OR TYPE THE FOLLOWING INFORMATION. PLEASE PHOTOCOPY FOR ADDITIONAL REGISTRANTS.

Name _________________________________________________________________

First Name for Badge ___________________________________________________

Title ___________________________________________________________________

Organization __________________________________________________________

Business Address _______________________________________________________

City ____________________________________________ State ____________

Zip _________________________________ Country __________________________

Phone ______________________________ Fax ______________________________

E-mail _______________________________________________________________

SEMINAR FEE:

METHOD OF PAYMENT: Check (Payable to University of Florida)

Purchase Order #__________________________

Master Card Visa Am Ex

Card Holder’s Name _________________________

Card # __________________ Exp. Date _________

$1850.00

UFL

A program sponsored by the M.E. Rinker, Sr., School of Building ConstructionUniversity of Florida