Title: Managing the construction claim process
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00091016/00001
 Material Information
Title: Managing the construction claim process
Physical Description: Archival
Language: English
Creator: Rinker School of Building Construction, University of Florida
Publisher: Rinker School of Building Construction, University of Florida
Place of Publication: Gainesville, Fla.
 Record Information
Bibliographic ID: UF00091016
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.


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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

H9 th -i_*.




Managing the ConstructionII


Who should attend?
Any individual who purchases, devel-
ops, finances, designs, manages, insures or
delivers construction services. These indi-
viduals include owners, owner's represen-
tatives, design team managers, project
architects, engineering consultants, con-
struction managers, insurance firms,
lenders, lawyers, building department
officials, 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 you
with details of the seminar in a conven-
ient format for note taking and serves as
a reference guide for later use. Also, you
will receive a CD-ROM version of the ref-
erence manual, containing all the course

Seminar Fee: $1850
The fee covers tuition, course
binder and teaching materials, CD
ROM, continental breakfasts, cof-
fee breaks, and lunch during each
day of the course. Full payment
must be received by the start of
the program. Enrollment is not
guaranteed until full payment is

Time Schedule:
Registration begins at 8:00 a.m. on the
first day of the conference. Seminar
begins at 8:30 a.m. and concludes at 5:00
p.m. each day. Concluding times may
change based on workshop dynamics and
participant's requests.

Managing the Construction

Claims Process
I construction projects are complex and high risk activities. Every
party 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. The
occurrence 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 financial
Whether you are a seasoned professional or a newcomer to the con-
struction process, this intensive program is a must for those who wish to
reduce risk and conversely increase their specific financial incentive. This
program will prepare you to make informed decisions and take timely
action 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 and
the specific risk for construction claims will be outlined. Your faculty will
show you specific actions to take to handle these claims more effectively.
Using real world examples, you will see how to detect warning signs
of potential construction claims and methods to avoid or mitigate
these claims. The course focuses on types of claims, the structure of
claims, 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 ready
to 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
The art and science of negotiating claims settlements
The upside and downside risks associated with different forms of
alternate dispute resolution


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

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
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 Responsive
Pre-Bid Conference- The first opportunity
to avoid potential disputes
Pre-Construction Conference- Establishing
a Dispute Avoidance Posture

Day Two
Construction Phase- Starting on the
Right Foot
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 Changes
through Schedule Impact Updates
Cost and Resource Loading
S Curves and their Usefulness
As-Planned vs. As-Built Schedule

* Schedule Performance Assessment

Assessing the Validity of a Claim
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 For
Direct and Indirect Costs
Apportioning Liability

Day Three
Negotiation- The Art and Science of Dispute
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 o 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
What to do when negotiations break

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




Meet your faculty
R. Raymond Issa, Ph.D., J.D., RE., 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 and
construction information systems courses. Raymond has authored more than 120 publica-
tions and reports and he has received recognition for in excellence in both research (UF
Research Foundation Professor) and teaching. Raymond has many years of expel ience at
various levels in the construction industry, with his most recent role being that of ovvner's
representative on commercial and academic construction projects. Raymond has been
involved in training faculty in China and the Middle East and has conducted numerous
workshops for construction professionals in China, Singapore, and Korea. Raymond is also
active in planning and developing corporate distance education delivery systems and web-
based project management and documentation systems and he has chaired many National
and International Committees and Task Groups in the areas of Construction Education.
Artificial Intelligence and Information Technology. Dr. Issa has served on the advisory board
various construction organizations, including the National Center for Construction Education
and Research and the Fluor UF Partnership.
Douglas E. Lucas, Ph.D., is currently a lecturer in the M. E. Rinker, Sr. School of Building
Construction. 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 Los
Angeles market as a construction claims consultant. Doug moved on to become Southeast
Regional Marketing Manager for Kellog Corporation, a nationally based construction claims
consulting firm based in Denver, CO. Doug has taught seminars on CPM Scheduling and
Construction Claims for the Army Corp of Engineers and environmental agencies in the
Southeast. Doug has also published many articles for the AACE, PMI and a number of trade
publications 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 CPM
scheduling and construction disputes and he has worked on hundreds of construction claims
and disputes. Doug has testified as an expert witness in arbitrations, and courts of law at the
local, state and federal levels including the Armed Forces Board of Contract Appeals. Doug
was formally a construction arbitrator with the AAA and is active in the AACE International.

The Location:
The Clarion Hotel Universal is located inOdando'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, 2008
Clarion Hotel Universal
7299 Universal Boulevard, Orlando, FL 32819
Call 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 enjoyment
the hotel has many amenities including an outdoor pool with Bar and Grill. The hotel sits
oceanfront with direct beach access. Guests are within walking distance of shops, restaurants.
and Lincoln Road. one the most attractive tourist boulevards.
July 28-30, 2008
DoubleTree Surfcomber Hotel
1717 Collins Avenue
Miami Beach, FL 33139
Call Toll Free: 1-800-222-TREE
Voice (305) 532-7715 Fax (305) 532-7280
Call Dottie Beaupied, Program Coordinator
(352) 273-1181 FAX (352) 846-2772 dottiel@ufl.edu

This program is endorsed by the
Construction Owners Association of

Rinker Executive Education
University of Florida
Rinker Executive Education at the
University of Florida (Rinkerexec) pro-
vides professional education across
many diverse disciplines, emphasizing
leading-edge concepts, core competi-
tion, and practices relevant for today's
changing economy. Our programs are
designed to deliver meaningful results.
Course content and materials are meant
to be practical and challenging, empha-
sizing relevance beyond the classroom
to today's global markets.

Tailored programs
We work with you to tailor and deliv-
er programs that build needed knowl-
edge and skills while reflecting your
organization's values and vision. We are
particularly skilled at finding and align-
ing teachers, materials, and experiences
with your specific strategic objectives.
You can draw upon and integrate the
broad expertise of the entire University
of Florida a feature few executive edu-
cation groups can offer.

Management retreats
We enjoy collaborating with organ-
izations and associations in designing
and facilitating unique events.
Whether it's an executive retreat
designed to create new strategy, build
a new leadership team, or work
through a major issue, our profession-
al staff and other talented facilitators
are available to assist in all aspects of
program planning and facilitation.

Dottie Beaupied, Program Assistant
University of Florida
RNK304 / PO Box 115703
Gainesville, Florida 32611-5703
Tel: (352) 273-1181 Fax: (352) 846-2772
E-Mail: dottiel@ufl.edu

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 is
America's oldest school of building construction. It is housed within the largest College
of Design, Construction and Planning in the U.S. Accredited by the American Council
for 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 knowledge
and 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. The
advice of leading construction firms is used to continuously update the curriculum.
Internationally recognized research is conducted through four research centers: The
Shimberg Center for Affordable Housing, The Center for Force Protection, The Powell
Center for Construction and Environment and The Fluor Program for Construction
The Rinker School has been recognized as an outstanding program by the
Associated General Contractors Education and Research Foundation, and has earned a
national 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 the
National Center for Construction Education and Research (NCCER).

Rinker School Programs:
In Residence
Bachelor of Science in Building Construction
Master of Science in Building Construction
Ph.D. in Design, Construction and Planning -- Building Construction
Distance Learning
Master 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 Construction
SUniversity of Florida
P.O. Box 115703
Gainesville, Florida 32611-5703, USA
(352) 273 1181
e-mail: raymond-issa@ufl.edu



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Rinker Executive Education
Box 115703
Gainesville, FL 32611-5703

Managing the Construction
Claim Process

June 25-27, 2008
Clarion Hotel Universal
Orlando, FL
(800) 327-0363

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

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

Managing the Construction
Claim Process
Q June 25-27, 2008
Clarion Hotel Universal
Orlando, FL
Q July 28-30, 2008
DoubleTree Surfcomber Hotel
Miami Beach, FL
To expedite your registration, fill in the UFL code that
appears in the box above the mailing address area:

By Phone: Call us at: (352) 273-1181
By Fax: Fax your completed
enrollment form to: (352) 846-2772
To Mail: Mail this completed
Enrollment form to:
Dottie Beaupied
M.E.Rinker Sr.. School of Buildina Construction

First Name for Badge
Business Address
City State
Zip Country
Phone Fax


U Check (Payable to University of Florida)
U Purchase Order #
U Master Card U Visa U Am Ex
Card Holder's Name

Card #

Exp. Date

University of Florida CANCELLATION POLICY: No charge for cancellations prior to 30 days of the program's
starting date. Cancellations within 30 days of the beginning of a program will be
Box 115703 charged 25 percent of program fee. Please note that if this course is cancelled for any
Gainesville, FL 32611-5703 reason, 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 all
For the latest info and additional copies, please visit: programs, services, and activities. Please call (352) 273 1181 twenty-one days prior to
h n and add nl cpe plee the seminar date if special accommodations are required.



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