Construction Disputes Seminars and Training

Kelley Management Associates, LLC, has extensive experience in training contractors, owners, and industry group professionals in construction claims analysis and preparation. Typically, this is performed in seminars presented to groups of up to 40 and tailored to the client's needs from the following outline of subject matter in a one or two-day forum:

Typical Seminar Outline

  • Introductions of presenters and participants
  • Goals and objectives
  • Administrative announcements
  • Summary of typical causes of claims
Claim Types
  • Differing Site Conditions
  • Directed Changes
  • Constructive Changes
  • Variations in Estimated Quantities of Work
  • Defective/Deficient Contract Documents
  • Implied Warranties
  • Delays
  • Acceleration
  • Suspension of Work
  • Owner-Furnished Materials/Equipment
  • Disruption
  • Superior Knowledge
  • Maladministration
  • Impossibility of Performance
  • Cardinal Change
  • Strikes
  • Weather and "Acts of God"
  • Termination (Default and "Convenience")
Scheduling and Delay Analysis
  • Scheduling Methods
  • Contract Provisions
  • Methods for Determination and Demonstration of Delays
  • Methodologies Available
  • Elements of Costs Applicable
  • Delay costs
  • Impact Costs
  • Liquidated Damages
Cause-Effect Analysis
  • Methodology
  • Use in supporting justification for application of modified total cost damages method
  • Types of documents
  • What to document
  • Document Management
Contract Review and Analysis
  • Basic Rules and Definitions
  • Problem Clause Types
  • Systematic Approaches for Contract Analysis
Timely Notice
  • Function of Timely Notice
  • Typical Contract Provisions Requiring Timely Notice
  • Failure to Give Timely Notice
Claims Prevention/Mitigation*
  • Introduction
  • Contract Document Preparation (Integration and Coordination)
  • Constructability/Bidability Reviews
  • Site Investigation (Initial and Ongoing)
  • Project Schedule Reviews/Approvals
  • Partnering (Construction and Claims Resolution)
  • Risk Identification, Analysis, and Management
  • Preparation and Utilization of Guidelines
Claim Resolution
  • Negotiation
  • Litigation
  • Arbitration
  • Mediation
  • Additional Forms of Alternative Dispute Resolution
Case Study

*(When this subject is included as part of a one-day seminar, it is presented only in a summarized fashion. In a two-day construction claims seminar, it is treated in extensive detail following the outline presented.)

General Information

Seminars can be tailored to include counsel (in-house or outside) to present portions of the topics contained in the above outline. The client usually provides the facility and amenities. A seminar manual is usually provided by KMA.

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Centennial, Colorado 80122
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