CLAIMS MANAGEMENT

PRESENTATION OUTLINE

INTRODUCTION

TYPICAL CLAIMS AGAINST OWNER

TYPICAL CLAIMS AGAINST CONTRACTOR

CRITICAL PATH METHODS UTILIZATION

DISPUTE ANALYSIS PROCEDURES

DISPUTE PREVENTION SUGGESTIONS RECORDS MANAGEMENT

TYPICAL CLAIMS

AGAINST OWNER

POOR PROJECT PLANNING

ILL-DEFINED SCOPE/ REQUEST

o SHORTENED PROPOSAL PREPRATION PERIODS

o LIMITED SITE INVESTIGATION

o UNREASONABLE PROJECT TIMES

SCOPE CHANGES

ERRORS

&OMISSIONS

STRIKES&

ACTS OF GOD

CONSTRUCTIVE

CHANGES

CONTRACTACCELERATION

&EXPEDITING

WORKSUSPENSION

&STOPPAGES

SITE ACCESSOR

SITE AVAILABILITY

OTHER CONTRACTOR

INTERFERENCE&

DELAYS

Low Ball

Bidders

PROJECT OWNERUSUAL MISTAKES

APPROVAL DELAYS

POOR COMMONICATIONS

EXCESSIVE NUMBER OF CHANGES

UNREASONABLE BEHAVIOR

PAYMENT DELAYS

o INCOMPLETE WORK

o DELAY

o UNEXPECTED RESULTS

USUAL DISPUTES AGAINST CONTRACTOR

CPM-SCHEDULESSHOULD INCLUDE

TOTAL SCOPE OF THE JOB

JOB PERFORMANCE SEQUENCE

ACTIVITIES DURATION

RESOURCES NEEDED TO ACCOMPLISH THE ACTIVITIES

CONTRACTS SHOULDINCLUDE

o CPM APPROVAL TIME

o CPM UPDATING PROCEDURES

o CPM REVISION PROCEDURES

o CPM AS A TOOL TO SETTLE DISPUTES

LEGAL IMPLICATIONS

RESOURCES UTILIZATION MUST BE PERFORMED ACCORDING TO THE APPROVED SCHEDULE.

CONTRACTORS MAY BE LIABLE FOR PRODUCTIVITY LOWER THAN THAT SHOWN ON THE SCHEDULE.

MANPOWER BUILD UP AND LAY OFF SHOULD BE ACCORDING TO THE APPROVED CPM.

INSPECTIONS AND APPROVALS BY THE OWNER SHOULD FOLLOW THE CPM SPECIFICATION.

USUAL DAMAGES CLAIMED

BY CONTRACTORS

FIELD OFFICE EXPENSES MAIN OFFICE EXPENSES EQUIPMENT EXPENSES ESCALATED MATERIAL COSTS CLAIM PREPARATION COSTS INTEREST ON CLAIM AMOUNT INEFFICIENCY AND ACCELERATION LOSS REVENUES COST OF CORRECTING WORK

HAVE CLEAR OBJECTIVES

COMPLETE DESIGN AND KNOW ITS LIMITATIONS

GIVE BIDDERS ENOUGH TIME

DO NOT SCHEDULE IMPOSSIBLES

WRITE A CLEAR CONTRACT

CLEARLY IDENTIFY RESPONSIBILITIES

RECOMMENDATIONS

QUESTION LOW BIDDERS

BE REASONABLE AT ALL TIME

EXPEDITE CHANGE ORDERS PROCESSING

KEEP GOOD RECORDS

RESPOND QUERIES PROMPTLY

DOCUMENT DECISIONS REGARDLESS HOW SMALL THEY ARE

RECOMMENDATIONS

Documentation

ESSENTIAL RECORDS☺PROGRESS SCHEDULES

☺CORRESPONDENCE FROM AND TO THE CONTRACTOR

☺DAILY AND WEEKLY REPORTS

☺CHANGE ORDER LOG

☺PURCHASE ORDERS AND DELIVERIES

☺PHOTOGRAPHS

☺JOB SITE LOG

☺PLAN AND SCHEDULES REVISIONS

☺MINUTES OF DAILY AND WEEKLY MEETINGS

REPORTS SHOULD INCLUDE

ISSUE DATE AND WEATHER CONDITIONS

MATERIALS UTILIZED AND FUTURE REQUIREMENTS

MANPOWER LEVELS

EQUIPMENT USED AND IDLED

SUBCONTRACTORS PERFORMANCE

DETAILS ON CONTROVERSIAL MATTERS CHANGE ORDER WORK

OUTSTANDING DISPUTES

SAFETY ON THE JOB SITE

C.O. RECORDS SHOULD INCLUDE

INITIATIONS

COST AND TIME ESTIMATES

APPROVALS

CURRENT WORK STATUS

OVERALL SCHEDULE IMPACT ANALYSIS

REQUEST FOR PROJECT COMPLETION REVISIONS

DAILY PROGRESS AND EXPECTED COMPLETION DATE.

CLAIM SUMMARYORIGINAL (APPROV.) SCHEDULE

START9/30MC

UPDATE SCHEDULE

CONTRACTOR'S CLAIM

RECOMMENDEDM. C. MILESTONEADJUSTMENT

CONTRACTOR'S OWN DELAY

10/30MC30

DAYS

UPDATEAS OF 6/30

ISSUE C.O.30DAYSBEHIND

11/19MC

10/20MC

20 DAYS

TOTAL CLAIMCONTRACTOR'S ANALYSIS

ERECTWALLS

INSTALLWINDOWS

PAINTINGFIRST FIX

PAINTINGSECOND FIX

INSTALL DOORS

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Charisma

charisma A rare quality or power attributed to those persons who have demonstrated an exceptional ability for leadership and for securing the devotion of large numbers of people. 

You CAN please all thepeople all the time ...people will teach you

how they like to be treated,if you'll only listen to

what they say and watch what they do

10 Qualities of Charismatic People - Tony Alessandra