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THINKING BEYOND THE OBVIOUS




   Construction Claims

Avoiding and mitigating complex construction claims

15 – 16 February 2012
Global Prospectus Training Centre
Unit 5 Ferndale Mews, 15 Dover Street,
Randburg , JHB
Complimentary Book!
The rst 20 people to register will receive their very own FREE copy of
Construction Claims & Responses: E ective Writing and Presentation




         SETA Accreditation No. 2502
OVERVIEW
   is comprehensive training course covers the full spectrum of claims arising under construction
contracts. It addresses issues related to recognizing a potential claim, the submittal of notices, contractual
entitlement, compilation and presentation of the claim, evaluation considerations and the roles of dispute
adjudication boards.
   is interactive programme will provide delegates with guidance to help them develop e ective procedures
for preparing, presenting and defending any construction claims. ey will get answers to your pressing
questions. e delegates will go back to site with more insight into the entire process which will give them
an overwhelming sense of con dence to deal e ectively with any and all construction claims.



         COURSE HIGHLIGHTS:
•   Contract administration for claims                                        •     E ective writing and presentation
•   Cause and e ects                                                          •     Quantum calculations
•   Entitlement                                                               •     Disputes
•   Substantiation


        WHO SHOULD ATTEND
•   Commercial managers
•   Contract managers
•   Contracts administration personnel
•   Quantity surveyors
•   Planners
•   Architects and engineers responsible for responding to claims


            YOUR FACILITATOR

Andy Hewitt                               Freelance construction contracts and claims consultant,
                                          Hewitt Construction Consultancy, United Arab Emirates
I have almost 40-years experience in the construction industry, which has been gained in the United
Kingdom, West Africa and latterly in the Middle East, where I have been based for the past 15-years. I have
worked on projects in the UK, the United Arab Emirates, Bahrain, Saudi Arabia, Jordan, Oman, Nigeria
and Sudan. I am a fellow of Quantity Surveyors International, a member of the Chartered Institution of
Civil Engineering Surveyors, an associate of the Chartered Institute of Building. I am also a member of the
Dispute Resolution Board Foundation and a Corporate Panel Member of the Dispute Board Federation, both
of which are international organisations that actively promote the avoidance and resolution of construction
disputes. I have held senior contracts, commercial and project management positions with contractors,
sub-contractors and consultants, including several years operating my own practice in the UK which
o ered quantity surveying, estimating and project management services to contractors, subcontractors
consultants and private clients. I have been involved in a wide variety of construction projects including
super high-rise, large low-rise housing developments, hotels, shopping malls, airports, hospitals, heavy civil
engineering, process plants, highways, marine works, water treatment and reclamation plants, pipelines,
marine works, desalination plants and royal palaces. My project and company management skills together
with experience gained in a variety of disciplines and projects within the construction industry have
led me to specialise in the eld of construction contractual issues, claims and dispute management.
Whilst the avoidance of contractual disputes is a priority, if disputes do occur I favour a structured and
proactive approach to their management in order to protect the contractual entitlements of my clients. My
personal background and experience, which includes involvement at many levels and disciplines within
the construction industry, provides a direct bene t to clients in that I can relate to the needs of clients
from both the employer and contractor sides and the individual project personnel through my own past
personal ‘hands-on’ experience.

Publications: Construction Claims & Responses: effective writing and presentation.
   e book discusses the di erent types of claims common to construction contracts and presents a step-
by-step guide, which demonstrates the process of building up the submission of a claim or response. It
includes guidelines as to how to set out the claim section by section in a logical manner, to ensure that
the essentials of a successful claim are included. Worked examples of claims for variations, extensions of
time and additional payment are included together with sample wording to demonstrate precisely how
the claim should be presented in order to contain a persuasive argument to support the claim or response.
GLOBAL PROSPECTUS TRAINING (PTY) LTD.                                                                         Chief Executive O er - Dhevaraj Pillay
Johannesburg -     Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za            Auditors - Russell Bedford SA (Jhb) Inc.
Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355)   Legal - DA Morris & Associates
COURSE AGENDA                                  DAY 1
The following schedule and contents are preliminary and subject to change

Session One
Contract administration: How to ensure that administration systems are in place to
ensure that claims are managed e ectively
•           Contract documents
•           Programmes and planning
•           Notices
•           Records
•           Chronologies

Session Two
Types of Claim: How to identify a claim situation and what is claimable
•           Variations.
•           Extensions of time
•           Prolongation
•           Acceleration and disruption
•           Damages under law

Session Three
The essential elements of a successful claim: Analysis and demonstration of the
event in order to Justify the claim
•           Cause
•           E ect
•           Entitlement
•           Substantiation


       COURSE AGENDA                                  DAY 2

Session One
Compilation and presentation of claims and responses: how to e ectively present
your case
•           Format and arrangement of the claim document
•           What to include and why

Session Two
Responses and disputes: Dealing with submitted claims, preparing determinations
and dispute management
•           Responses
•           Determinations
•           Dispute management
•           Dispute adjudication boards

Session Three
General discussions
•           Questions and answers
•           General discussions.
•           Closing remarks

    PROGRAMME SCHEDULE
All timings are approximate due to the interactive nature of the course.
08:00 – 08:30     Registration and early-morning tea
08:30 – 10:00     Facilitator’s opening remarks and morning session
10:00 – 10:30     Mid-morning refreshments and networking break
10:30 – 12:30     Mid-morning session
12:30 – 13:30     Networking luncheon
13:30 – 15:30     Afternoon session
15:30 – 15:45     Questions and closing remarks
15h45             End of training
CONTRUCTION
                                                                 CLAIMS
                                                                                                                                                                           ONLY
                                                                                                                                                                     R749
                                                                 15 - 16 February 2012                                                                                 Per D                  0
Registration Form                                                Global Prospectus Training Centre
                                                                                                                                                                            eleg
                                                                                                                                                                         ex. VA ate,
                                                                                                                                                                               T.
                                                                 Unit 5 Ferndale Mews, 15 Dover Street ,
GPW                        M4                                    Randburg , JHB



   Fax Completed Registration Form To: +27 11 781 6044

Company Name:

Type of Business:
Address:

Tel:                                                             Fax:                                                             VAT Number:


Delegate 1:
Position:                                                                                        E-Mail:

Delegate 2:
Position:                                                                                        E-Mail:

Delegate 3:
Position:                                                                                        E-Mail:

Delegate 4:
Position:                                                                                        E-Mail:
Delegate 5:
Position:                                                                                        E-Mail:

AUTHORISATION:              Signatory must be authorised to sign on behalf of Company
                                                                                                         CREDIT CARD




Name:                                                                                                                  Cardholder’s Name:
                                                                                                           DETAILS




Position:                                                                                                              Credit Card Number:

Signature:                                             Date:                                                           CVC No:                                             Expiry Date:

PAYMENT METHODS
1. Bank Transfer - Global Prospectus Training (PTY) Ltd.                             2. Credit card - Please fill in your credit card details above
                   First National Bank: Randburg                                     3. Cheques - Made Payable to: Global Prospectus Training (PTY) Ltd.
                   Account Number: 62109 270372
                   Branch Code: 254005


TERMS & CONDITIONS
The following terms and conditions will apply:                                                                               Substitutions
   Payment is required in full 5 days from date of invoice                                                                     Delegates must inform Global Prospectus Training (PTY) Ltd in writing
   All payments to be made directly to Global Prospectus Training (PTY) Ltd.                                                   of any substitutions.
   No seats will be reserved, unless Global Prospectus Training (PTY) Ltd. receives a signed registration form.                There is no charge for substitutions.
   Global Prospectus Training (PTY) Ltd. reserves the right, due to circumstances beyond our control, to change                Global Prospectus Training (PTY) Ltd will not be held liable for incorrect
   speakers, program content, date & venue.                                                                                    Delegate details on Certi      s, etc. in the event of substitutions being
   The signed registration form is a legally binding contract.                                                                 made on the day of the conference. In the event of Global Prospectus
                                                                                                                               Training (PTY) Ltd having to cancel or postpone an event due to circum-
Cancellations                                                                                                                  stances beyond our control, delegates will be issued with a credit voucher,
All cancellations will be subject to approval by the management of Global Prospectus Training (PTY) Ltd.
                                                                             -                                                 which may be used at another of our events.
All cancellations made 7 days prior to date of the above mentioned event will be subject to a 50% cancellation fee.
Cancellations made within 7 days of date of the above mentioned event, will be subject to a 100% cancellation fee.
                                                                             -                                      Global Prospectus Training (PTY) Ltd will not be held liable for travel and accommoda
                                                                                                                                                                                                              -
The will be no refunds or credit vouchers.                                                                          tion costs. The conference fee includes: conference material, lunches and refreshments, but
                                                                                                                    excludes travel & accommodation.




GLOBAL PROSPECTUS TRAINING (PTY) LTD.                                                                                               Chief Executive O er - Dhevaraj Pillay
Johannesburg -     Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za                                  Auditors - Russell Bedford SA (Jhb) Inc.
Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355)                         Legal - DA Morris & Associates

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Construction Claims 2012

  • 1. THINKING BEYOND THE OBVIOUS Construction Claims Avoiding and mitigating complex construction claims 15 – 16 February 2012 Global Prospectus Training Centre Unit 5 Ferndale Mews, 15 Dover Street, Randburg , JHB Complimentary Book! The rst 20 people to register will receive their very own FREE copy of Construction Claims & Responses: E ective Writing and Presentation SETA Accreditation No. 2502
  • 2. OVERVIEW is comprehensive training course covers the full spectrum of claims arising under construction contracts. It addresses issues related to recognizing a potential claim, the submittal of notices, contractual entitlement, compilation and presentation of the claim, evaluation considerations and the roles of dispute adjudication boards. is interactive programme will provide delegates with guidance to help them develop e ective procedures for preparing, presenting and defending any construction claims. ey will get answers to your pressing questions. e delegates will go back to site with more insight into the entire process which will give them an overwhelming sense of con dence to deal e ectively with any and all construction claims. COURSE HIGHLIGHTS: • Contract administration for claims • E ective writing and presentation • Cause and e ects • Quantum calculations • Entitlement • Disputes • Substantiation WHO SHOULD ATTEND • Commercial managers • Contract managers • Contracts administration personnel • Quantity surveyors • Planners • Architects and engineers responsible for responding to claims YOUR FACILITATOR Andy Hewitt Freelance construction contracts and claims consultant, Hewitt Construction Consultancy, United Arab Emirates I have almost 40-years experience in the construction industry, which has been gained in the United Kingdom, West Africa and latterly in the Middle East, where I have been based for the past 15-years. I have worked on projects in the UK, the United Arab Emirates, Bahrain, Saudi Arabia, Jordan, Oman, Nigeria and Sudan. I am a fellow of Quantity Surveyors International, a member of the Chartered Institution of Civil Engineering Surveyors, an associate of the Chartered Institute of Building. I am also a member of the Dispute Resolution Board Foundation and a Corporate Panel Member of the Dispute Board Federation, both of which are international organisations that actively promote the avoidance and resolution of construction disputes. I have held senior contracts, commercial and project management positions with contractors, sub-contractors and consultants, including several years operating my own practice in the UK which o ered quantity surveying, estimating and project management services to contractors, subcontractors consultants and private clients. I have been involved in a wide variety of construction projects including super high-rise, large low-rise housing developments, hotels, shopping malls, airports, hospitals, heavy civil engineering, process plants, highways, marine works, water treatment and reclamation plants, pipelines, marine works, desalination plants and royal palaces. My project and company management skills together with experience gained in a variety of disciplines and projects within the construction industry have led me to specialise in the eld of construction contractual issues, claims and dispute management. Whilst the avoidance of contractual disputes is a priority, if disputes do occur I favour a structured and proactive approach to their management in order to protect the contractual entitlements of my clients. My personal background and experience, which includes involvement at many levels and disciplines within the construction industry, provides a direct bene t to clients in that I can relate to the needs of clients from both the employer and contractor sides and the individual project personnel through my own past personal ‘hands-on’ experience. Publications: Construction Claims & Responses: effective writing and presentation. e book discusses the di erent types of claims common to construction contracts and presents a step- by-step guide, which demonstrates the process of building up the submission of a claim or response. It includes guidelines as to how to set out the claim section by section in a logical manner, to ensure that the essentials of a successful claim are included. Worked examples of claims for variations, extensions of time and additional payment are included together with sample wording to demonstrate precisely how the claim should be presented in order to contain a persuasive argument to support the claim or response. GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj Pillay Johannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc. Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates
  • 3. COURSE AGENDA DAY 1 The following schedule and contents are preliminary and subject to change Session One Contract administration: How to ensure that administration systems are in place to ensure that claims are managed e ectively • Contract documents • Programmes and planning • Notices • Records • Chronologies Session Two Types of Claim: How to identify a claim situation and what is claimable • Variations. • Extensions of time • Prolongation • Acceleration and disruption • Damages under law Session Three The essential elements of a successful claim: Analysis and demonstration of the event in order to Justify the claim • Cause • E ect • Entitlement • Substantiation COURSE AGENDA DAY 2 Session One Compilation and presentation of claims and responses: how to e ectively present your case • Format and arrangement of the claim document • What to include and why Session Two Responses and disputes: Dealing with submitted claims, preparing determinations and dispute management • Responses • Determinations • Dispute management • Dispute adjudication boards Session Three General discussions • Questions and answers • General discussions. • Closing remarks PROGRAMME SCHEDULE All timings are approximate due to the interactive nature of the course. 08:00 – 08:30 Registration and early-morning tea 08:30 – 10:00 Facilitator’s opening remarks and morning session 10:00 – 10:30 Mid-morning refreshments and networking break 10:30 – 12:30 Mid-morning session 12:30 – 13:30 Networking luncheon 13:30 – 15:30 Afternoon session 15:30 – 15:45 Questions and closing remarks 15h45 End of training
  • 4. CONTRUCTION CLAIMS ONLY R749 15 - 16 February 2012 Per D 0 Registration Form Global Prospectus Training Centre eleg ex. VA ate, T. Unit 5 Ferndale Mews, 15 Dover Street , GPW M4 Randburg , JHB Fax Completed Registration Form To: +27 11 781 6044 Company Name: Type of Business: Address: Tel: Fax: VAT Number: Delegate 1: Position: E-Mail: Delegate 2: Position: E-Mail: Delegate 3: Position: E-Mail: Delegate 4: Position: E-Mail: Delegate 5: Position: E-Mail: AUTHORISATION: Signatory must be authorised to sign on behalf of Company CREDIT CARD Name: Cardholder’s Name: DETAILS Position: Credit Card Number: Signature: Date: CVC No: Expiry Date: PAYMENT METHODS 1. Bank Transfer - Global Prospectus Training (PTY) Ltd. 2. Credit card - Please fill in your credit card details above First National Bank: Randburg 3. Cheques - Made Payable to: Global Prospectus Training (PTY) Ltd. Account Number: 62109 270372 Branch Code: 254005 TERMS & CONDITIONS The following terms and conditions will apply: Substitutions Payment is required in full 5 days from date of invoice Delegates must inform Global Prospectus Training (PTY) Ltd in writing All payments to be made directly to Global Prospectus Training (PTY) Ltd. of any substitutions. No seats will be reserved, unless Global Prospectus Training (PTY) Ltd. receives a signed registration form. There is no charge for substitutions. Global Prospectus Training (PTY) Ltd. reserves the right, due to circumstances beyond our control, to change Global Prospectus Training (PTY) Ltd will not be held liable for incorrect speakers, program content, date & venue. Delegate details on Certi s, etc. in the event of substitutions being The signed registration form is a legally binding contract. made on the day of the conference. In the event of Global Prospectus Training (PTY) Ltd having to cancel or postpone an event due to circum- Cancellations stances beyond our control, delegates will be issued with a credit voucher, All cancellations will be subject to approval by the management of Global Prospectus Training (PTY) Ltd. - which may be used at another of our events. All cancellations made 7 days prior to date of the above mentioned event will be subject to a 50% cancellation fee. Cancellations made within 7 days of date of the above mentioned event, will be subject to a 100% cancellation fee. - Global Prospectus Training (PTY) Ltd will not be held liable for travel and accommoda - The will be no refunds or credit vouchers. tion costs. The conference fee includes: conference material, lunches and refreshments, but excludes travel & accommodation. GLOBAL PROSPECTUS TRAINING (PTY) LTD. Chief Executive O er - Dhevaraj Pillay Johannesburg - Tel: +27 11 781 6222 Fax: +27 11 781 6044 Marketing - m2@globalprospectus.co.za Auditors - Russell Bedford SA (Jhb) Inc. Pietermaritzburg - Tel: +27 33 391 4229 Fax: +27 33 391 5722 Design - www.designmaster.co.za (071 018 8355) Legal - DA Morris & Associates