How to Register
Simply complete and return a copy of this form by post, fax or e-mail to: Anu Khandelwal - European Construction Institute (ECI) Sir Frank Gibb Annexe, West Park, Loughborough University, Loughborough, LE11 3TU, UK, or Tel: +44(0)1509 228797 Fax: +44(0)1509 260118 e-mail: eci@lboro.ac.uk
Your Details
E-mail.………..……………….……………………………………………………………….… First name.……………………………….….Surname.……………………………………….. Job title……………………………………………………………………………..……………. Organisation.…………………………………………………………………….….…………... Address.…………………………………………………………………………………………. …………..……………………………………………………………………………..………… City.………………………….…….… Post code.….………………Country.….……..…….. Tel + …………..…….………/…………………...……/ ………………………………………. Fax + …………..…….………/…………………...……/……………………………………….
ECI in Partnership with ECITB
ECI UK 2008 Master Classes
Masterclass Fees
ECI Member companies
£195 + vat* =
ECITB in-scope companies
£325 + vat* =
Non-member companies of ECI and ECITB
£395 + vat* =
£229.13
£381.88
£464.13
Dispute Avoidance and Management
* VAT charged at 17.5%
Cancellation policy: Cancellations made 3 weeks before the event will receive 100% refund, cancellations made 2 weeks before the event receive 50% refund. Any cancellations made a week before the event cannot be refunded, however a substitute delegate will be welcome.
Methods of Payment
Cheque payment
Cheque enclosed for £………… made payable to: ECI, Loughborough University
Wed 5 November 2008
10.00am – 17.00pm
Visa
Credit card: (2% credit card charge applies)
Please debit my credit card: Card number: Expiry date: Card Security Code:
Last 3 numbers on signature strip
Mastercard
Freshfields Bruckhaus Deringer 65 Fleet Street, London
Cardholder’s name: …………………………………………………………………………………… Please Invoice
Dispute Avoidance and Management
05 November 2008
Objectives Even with the best of intentions differences of opinion can arise between the parties to a contract. If one party feels they have been damaged by the action of another, then that can lead to a claim; if the claim is not settled to the satisfaction of both parties, that can lead to a dispute. Badly handled claims and disputes can not only damage the profitability of the current project but can also lead to ongoing bad feeling between the parties, affecting their relationship for future projects. This class aims to develop an overall understanding of the process of managing claims and disputes, starting even before the claim arises. We will also look at putting in place an environment in which the likelihood of a claim is minimised, but is also properly handled if it does arise. The class will cover: 1. Pre-claim: ensuring appropriate contract drafting to provide for early warning of disputes and suitable dispute resolution mechanisms. 2. Housekeeping and contract administration: how to deal with claims if they do arise in a way most likely to avoid their becoming disputes. 3. Typical claims on a construction project including how to make/respond to a claim. Typical dispute scenarios will be addressed and the key points for both claimant and defendant identified. 3.2 4. Tactics and presentation before different tiers of dispute resolution. The nature of each resolution forum will be discussed and effective means of presentation before each will be addressed. Presentation and discussion will be supplemented by a case study which will be developed during the day for each section of the Master Class. Tutors Jane Jenkins Simon Stebbings Partner, Freshfields Bruckhaus Deringer Partner, Freshfields Bruckhaus Deringer 4.0 4.1 4.2 4.3 4.4 CONTENT 1.0 1.1
Dispute Avoidance and Management
05 November 2008
Pre-claim Drafting suitable provisions into a contract: - Notices - Condition precedent to claims - Records/particulars - Access to information/audit rights - Tiered dispute resolution provisions Housekeeping/contract administration How to deal properly with a claim if one should arise Effective contract correspondence/document retrieval systems Commercial awareness, risk management and site administration issues to reduce the risk of claims arising Typical claims Managing the process of making or dealing with claims in relation to: - Delay and disruption/variations/extensions of time - Loss and expense claims - Global claims - Deduction of liquidated damages How to make/respond to a claim Tactics and presentation before different tiers of dispute resolution Structured settlement ADR, including mediation Adjudication Arbitration/litigation
2.0 2.1 2.2 2.3
3.0 3.1