• Understand the key learning outcomes for the course.
• Understand the challenges of performing delay analyses that has led it to be such a specialist area within the construction industry.
• Learn why delay analysis exists and situations where the Contractor/Employer may need to perform a delay analysis.
• Understand the typical challenges the parties come up against when performing a delay analysis.

• The purpose of project planning and the fundamentals that make a programme, including tasks, durations, sequencing and logic.
• Understand the difference between planning and programmes and the different techniques available for conveying the plan.
• Learn how a programme is updated and the fundamental issues of Float, the Critical Path and Milestones.

• We introduce the concept of the planning lifecycle and the importance of a reliable baseline programme.
• Learn how to establish baseline integrity through examples of good and bad practice.
• Understand the concept of validation and how to validate the baseline programme to ensure a reliable delay analysis.

ASSIGNMENT: you will be asked to review a baseline programme that follows bad practice. You’ll be asked to identify the baseline faults in this programme and how they could be rectified. You’ll then be asked to consider a baseline programme that follows good practice and identify the good practice adopted in the programme. Finally, you’ll be asked to consider how these elements of the programme will help in a delay analysis submission.

• Learn the principle of liability and contractual entitlement for an extension of time claim.
• Understand the role of liquidated damages under UAE and English law.
• Extension of time principles are illustrated under FIDIC, JCT and NEC forms of contract.
• Understand the relationship to recovery of compensation.

• Learn about the Society of Construction Law’s Delay and Disruption Protocol, 2^nd Edition (2017).
• Understand the protocol’s position with respect to ‘Contemporaneous Analysis’ and ‘Time Distant Analysis’ (retrospective).
• We also review the protocol’s stance on selecting an appropriate method and the difference between ‘Cause & Effect’ and ‘Effect & Cause’ methods.
• Understand how criticality and delay is determined under the protocol.

• Understand the key learning outcomes for the course.
• Understand the challenges of performing delay analyses that has led it to be such a specialist area within the construction industry.
• Learn why delay analysis exists and situations where the Contractor/Employer may need to perform a delay analysis.
• Understand the typical challenges the parties come up against when performing a delay analysis.

• The purpose of project planning and the fundamentals that make a programme, including tasks, durations, sequencing and logic.
• Understand the difference between planning and programmes and the different techniques available for conveying the plan.
• Learn how a programme is updated and the fundamental issues of Float, the Critical Path and Milestones.

• We introduce the concept of the planning lifecycle and the importance of a reliable baseline programme.
• Learn how to establish baseline integrity through examples of good and bad practice.
• Understand the concept of validation and how to validate the baseline programme to ensure a reliable delay analysis.

ASSIGNMENT: you will be asked to review a baseline programme that follows bad practice. You’ll be asked to identify the baseline faults in this programme and how they could be rectified. You’ll then be asked to consider a baseline programme that follows good practice and identify the good practice adopted in the programme. Finally, you’ll be asked to consider how these elements of the programme will help in a delay analysis submission.

• Learn the principle of liability and contractual entitlement for an extension of time claim.
• Understand the role of liquidated damages under UAE and English law.
• Extension of time principles are illustrated under FIDIC, JCT and NEC forms of contract.
• Understand the relationship to recovery of compensation.

• Learn about the Society of Construction Law’s Delay and Disruption Protocol, 2^nd Edition (2017).
• Understand the protocol’s position with respect to ‘Contemporaneous Analysis’ and ‘Time Distant Analysis’ (retrospective).
• We also review the protocol’s stance on selecting an appropriate method and the difference between ‘Cause & Effect’ and ‘Effect & Cause’ methods.
• Understand how criticality and delay is determined under the protocol.

• Understand the differences between a prospective and retrospective delay analysis.
• We review the two prospective methods of ‘Impacted As Planned’ and ‘Time Impact Analysis’. We explain how each works as well as their advantages and disadvantages.

ASSIGNMENT: you will be asked to impact a delay event under two forms of prospective analysis: an ‘Impacted as Planned’ method and a ‘Time Impact Analysis’ method.

• Recap the differences between a prospective and retrospective delay analysis.
• Learn about the four retrospective methods of ‘As Planned v As Built’, ‘Longest Path’, ‘Time Slice Windows’ and ‘Collapsed As Built’ and the advantages and disadvantages of using each method.

• We review the SCL Delay and Disruption Protocol with respect to concurrency and examine the two approaches for assessing concurrency: orthodox and ‘First in Time’.

• Understand the burden of proof, evidence sources, triangulation of data, as-built validation and recording of evidence. These are critical components to meet the evidential requirements to prove a causal link between a delay event and its effect.

• Understand the link between time and money.
• We examine the main heads of claim and illustrate through an example, how loss and expense (prolongation) is assessed against periods of critical delay.

• This module introduces a case study comprising a residential and commercial project where the Contractor encountered unforeseeable ground conditions. This caused the Contractor to incur standing time. It also caused delay to the groundworks.
• Understand how the Contractor has been affected by this event and the link between cause and effect.
• Learn how to identify the potential claims.
• Investigate the Contract to verify that the Contractor has an entitlement to make a claim.
• Examine the contractual requirements for notices.
• Understand why contracts place such high importance on the submission of notices.
• ASSIGNMENTS: The assignments for this module ask you to examine the second case study, identify the claims, the contractual entitlement and the method of evaluation and to prepare the various notices that should be sent.

• Understand the importance of good records.
• Review the types of records necessary for claims.
• Appreciate how good record management makes claim preparation more efficient.
• Learn how to create a timeline to assist with compiling a claim.
• Understand good practice when preparing a baseline programme.
• Learn the correct principles when preparing delay analyses.
• Examine different types of delay analysis.
• Learn the procedure for a Time Impact delay analysis.
• Learn how to examine the results of the delay analysis.
• Correctly calculate an extension of time.
• Understand how concurrent delay may affect the Contractor’s entitlement.
• ASSIGNMENTS: The assignments include the preparation of a simple time-impact analysis for the second case study using spreadsheets, calculation of the number of days extension of time and calculation of the revised completion date.

• Understand and identify what Costs may be claimed.
• Learn the correct principles of cost recovery.
• Appreciate how to prepare and present the Cost calculations.

ASSIGNMENTS: Assignments for this module include the calculation of the number of days costs that may be claimed and the period on which the costs should be based. You will also be required to prepare cost calculations for: a salaried member of staff; an hourly-paid worker; hired plant; depreciation of plant of equipment; fuel costs and head office overheads and profit. You are asked to present the calculations so that they may be easily audited by the respondent.

• Learn the Four Key Points for an effective claim and how to comply with them.
• Understand how to format and prepare a claim submission to a good professional standard.
• Understand how the “front matter” of the claim helps to bring clarity to a reviewer. Learn how it establishes the background to the matters before the details of the claim are presented.

ASSIGNMENT: The assignment is to prepare the preliminary sections of the claim for the second case study.

• Understand what the object of a claim is.
• Learn and understand the essential elements of a successful claim.
• Appreciate the types of event that provide entitlement to make a claim.
• Understand how to prepare a narrative to clearly explain the cause of the claim.
• Understand the importance of linking cause with effect.
• Examine the possible effects of an event.
• Learn how to correctly summarise a narrative.
• Discover how to identify the information necessary to perform a delay analysis.
• Understand the importance of justifying the delay analysis and explain how it has been performed.

ASSIGNMENT: The assignment is to produce cause and effect narratives to be included in the claim for the second case study, as well as a narrative to justify and explain how the delay analysis has been carried out and what it demonstrates.

• Learn how to explain the principles of cost recovery in a claim narrative.
• Understand how simply presented and well-explained calculations will enhance your claim.
• Ensure ease of understanding in your claims.

ASSIGNMENT: The assignment asks you to compose a narrative to explain the costs that have been claimed and how they have been calculated for the second case study.

• Identify where to find the entitlement to make a claim.
• Appreciate how to clearly demonstrate the contractual entitlement in a claim narrative.
• Learn how to correctly demonstrate that the notice provisions have been complied with.

ASSIGNMENT: The assignment is to produce a narrative for the second case study which adequately demonstrates why the claim is admissible under the contract.

• Understand why the Executive Summary and Statement of Claim are important parts of a claim narrative.
• Learn what should be included in these sections and how to effectively draft them.
• Appreciate the importance of substantiating every statement made, every fact relied on and each calculation included in the claim.
• Understand how to best provide substantiation to assist the reviewer and to ensure that your claim is a stand-alone document.
• Learn how to organise and present exhibits, programmes, calculations and other documents. Ensure anything relied upon in the claim narrative is designed to make the reviewer’s job easy and efficient.
• Appreciate the importance of having a peer review carried out before finalising the claim.

ASSIGNMENT: The final assignment is to put everything you have learned into practice and produce the claim for the second case study.

In addition to the course fee, you’ll need a copy of Construction Claims & Responses: effective writing & presentation, 2nd edition. 

Please visit our Publications page for recommendations of where to purchase this book.

• This module introduces a case study comprising a residential and commercial project where the Contractor encountered unforeseeable ground conditions. This caused the Contractor to incur standing time. It also caused delay to the groundworks.
• Understand how the Contractor has been affected by this event and the link between cause and effect.
• Learn how to identify the potential claims.
• Investigate the Contract to verify that the Contractor has an entitlement to make a claim.
• Examine the contractual requirements for notices.
• Understand why contracts place such high importance on the submission of notices.

ASSIGNMENTS:

Assignments for this module ask you to examine the second case study, identify the claims and identify the various notices that should be sent.

• Understand the importance of good records.
• Review the types of records necessary for claims.
• Appreciate how good record management makes claim preparation more efficient.
• Learn how to create a timeline to assist with compiling a claim.
• Understand good practice when preparing a baseline programme.
• Learn the correct principles when preparing delay analyses.
• Examine different types of delay analysis.
• Learn the procedure for a Time Impact delay analysis.
• Learn how to examine the results of the delay analysis.
• Correctly calculate an extension of time.
• Understand how concurrent delay may affect the Contractor’s entitlement.

ASSIGNMENTS:

Assignments for this module include instructing your planner on the principles of how to carry out the selected form of delay analysis for the second case study, calculation of the number of days extension of time and calculation of the revised completion date.

• Understand and identify what Costs may be claimed.
• Learn the correct principles of cost recovery.
• Appreciate how to prepare and present the Cost calculations.

ASSIGNMENTS:

Assignments for this module include the calculation of the daily costs for: a salaried member of staff; an hourly-paid worker; hired plant and depreciation of plant of equipment. You are asked to present the calculations clearly so that they may be audited easily by the respondent.

• Learn the Four Key Points for an effective claim and how to comply with them.
• Understand how to format and prepare a claim submission to a good professional standard.
• Understand how the “front matter” of the claim helps to bring clarity to a reviewer. Learn how it establishes the background to the matters before the details of the claim are presented.

ASSIGNMENTS:

The assignment for this module is to prepare the preliminary sections of the claim for the second case study.

• Understand what the object of a claim is.
• Learn and understand the essential elements of a successful claim.
• Appreciate the types of event that provide entitlement to make a claim.
• Understand how to prepare a narrative to clearly explain the cause of the claim.
• Understand the importance of linking cause with effect.
• Examine the possible effects of an event.
• Learn how to correctly summarise a narrative.
• Discover how to identify the information necessary to perform a delay analysis.
• Understand the importance of justifying the delay analysis and explain how it has been performed.

ASSIGNMENTS:

The assignment for this module will be to produce cause and effect narratives that will be included in the claim for the second case study.

• Learn how to explain the principles of cost recovery in a claim narrative.
• Understand how simply presented and well-explained calculations will enhance your claim.
• Ensure ease of understanding in your claims.

ASSIGNMENTS:

The assignment for this module asks you to compose a narrative to explain the costs that have been claimed and how they have been calculated

• Identify where to find the entitlement to make a claim.
• Appreciate how to clearly demonstrate the contractual entitlement in a claim narrative.
• Learn how to correctly demonstrate that the notice provisions have been complied with.

ASSIGNMENTS:

The assignment for this module is to produce a narrative for the second case study which adequately explains why the claim is admissible under the contract.

• Understand why the Executive Summary and Statement of Claim are important parts of a claim narrative.
• Learn what should be included in these sections and how to effectively draft them.
• Appreciate the importance of substantiating every statement made, every fact relied on and each calculation included in the claim.
• Understand how to best provide substantiation to assist the reviewer and to ensure that your claim is a stand-alone document.
• Learn how to organise and present exhibits, programmes, calculations and other documents. Ensure anything relied upon in the claim narrative is designed to make the reviewer’s job easy and efficient.
• Appreciate the importance of having a peer review carried out before finalising the claim.

ASSIGNMENTS:

The assignment for the final module asks you to put everything you have learned into practice. You are asked to set out the various sections of the claim for the second case study and outline each section’s contents.

• This module introduces a case study comprising a residential and commercial project where the Contractor encountered unforeseeable ground conditions. This caused the Contractor to incur standing time. It also caused delay to the groundworks.
• Understand how the Contractor has been affected by this event and the link between cause and effect.
• Learn how to identify the potential claims.
• Investigate the Contract to verify that the Contractor has an entitlement to make a claim.
• Examine the contractual requirements for notices.
• Understand why contracts place such high importance on the submission of notices.

• Understand the importance of good records.
• Review the types of records necessary for claims.
• Appreciate how good record management makes claim preparation more efficient.
• Learn how to create a timeline to assist with compiling a claim.
• Understand good practice when preparing a baseline programme.
• Learn the correct principles when preparing delay analyses.
• Examine different types of delay analysis.
• Learn the procedure for a Time Impact delay analysis.
• Learn how to examine the results of the delay analysis.
• Correctly calculate an extension of time.
• Understand how concurrent delay may affect the Contractor’s entitlement.

• Understand and identify what Costs may be claimed.
• Learn the correct principles of cost recovery.
• Appreciate how to prepare and present the Cost calculations.

• Learn the Four Key Points for an effective claim and how to comply with them.
• Understand how to format and prepare a claim submission to a good professional standard.
• Understand how the “front matter” of the claim helps to bring clarity to a reviewer. Learn how it establishes the background to the matters before the details of the claim are presented.

• Understand what the object of a claim is.
• Learn and understand the essential elements of a successful claim.
• Appreciate the types of event that provide entitlement to make a claim.
• Understand how to prepare a narrative to clearly explain the cause of the claim.
• Understand the importance of linking cause with effect.
• Examine the possible effects of an event.
• Learn how to correctly summarise a narrative.
• Discover how to identify the information necessary to perform a delay analysis.
• Understand the importance of justifying the delay analysis and explain how it has been performed.

• Learn how to explain the principles of cost recovery in a claim narrative.
• Understand how simply presented and well-explained calculations will enhance your claim.
• Ensure ease of understanding in your claims.

• Identify where to find the entitlement to make a claim.
• Appreciate how to clearly demonstrate the contractual entitlement in a claim narrative.
• Learn how to correctly demonstrate that the notice provisions have been complied with.

• Understand why the Executive Summary and Statement of Claim are important parts of a claim narrative.
• Learn what should be included in these sections and how to effectively draft them.
• Appreciate the importance of substantiating every statement made, every fact relied on and each calculation included in the claim.
• Understand how to best provide substantiation to assist the reviewer and to ensure that your claim is a stand-alone document.
• Learn how to organise and present exhibits, programmes, calculations and other documents. Ensure anything relied upon in the claim narrative is designed to make the reviewer’s job easy and efficient.
• Appreciate the importance of having a peer review carried out before finalising the claim.

• Differentiate between the Red, Yellow, Silver and Gold books and their usage.
• Understand the definition of a claim and what can be claimed.
• Understand allocation of risk within each form of contract.

Understand which clauses allow the Employer to claim from the Contractor and the procedures that need to be followed.

Understand the clauses that entitle the Contractor to make a claim.

• Know what can be claimed under different circumstances.
• Understand the most important principles to consider when making a claim and calculating quantum.
• Learn about extensions of time, cost and profit.

• Understand why not submitting notices can set a just claim up for failure.
• Gain an insight into the requirements for various notices, what a notice should contain and how and when notices should be submitted.
• Understand the consequences of not giving notice, conditions precedent and whether these may be legally applied.

• Understand the pitfalls of why Contractor’s claims often fail and how to avoid them.
• Learn about the Module 6 FIDIC procedure and the requirements for a claim submission.
• Learn how to properly and professionally present a claim to help it reach a timely resolution.

• Understand how disputes may occur as a result of poor responses by the Engineer.
• Learn why it is important that the Engineer fulfills his contractual obligations and the consequences of not doing so.
• Learn about the purpose of an Engineer’s response and what should be included.
• A procedure for dealing with claims so that the Engineer’s obligations are met and disputes are avoided.

• Differentiate between the Red, Yellow, Silver and Gold books and their usage (1999 editions).
• Understand the definition of a claim and what can be claimed.
• Understand allocation of risk within each form of contract.

Understand which clauses allow the Employer to claim from the Contractor and the procedures that need to be followed.

Understand the clauses that entitle the Contractor to make a claim.

• Know what can be claimed under different circumstances.
• Understand the most important principles to consider when making a claim and calculating quantum.
• Learn about extensions of time, cost and profit.

• Understand why not submitting notices can set a just claim up for failure.
• Gain an insight into the requirements for various notices, what a notice should contain and how and when notices should be submitted.
• Understand the consequences of not giving notice, conditions precedent and whether these may be legally applied.

• Understand the pitfalls of why Contractor’s claims often fail and how to avoid them.
• Learn about the Module 6 FIDIC procedure and the requirements for a claim submission.
• Learn how to properly and professionally present a claim to help it reach a timely resolution.

• Understand how disputes may occur as a result of poor responses by the Engineer.
• Learn why it is important that the Engineer fulfills his contractual obligations and the consequences of not doing so.
• Learn about the purpose of an Engineer’s response and what should be included.
• A procedure for dealing with claims so that the Engineer’s obligations are met and disputes are avoided.

• Throughout the course, you will be asked to complete 6 assignments which will require you to answer questions or complete exercises related to the course topics.
• You will be asked to submit your assignments to your personal tutor for grading.
• Your tutor will provide feedback and advice where necessary.
• Each assignment grade counts towards your overall course grade.

• Learn about contract documents, programmes, planning, project records and notices. Understand how good contract administration systems and procedures help the claims process.
• Assignments: using a project you have worked on, discuss the contract administration systems. Suggest ways that you may have helped or hindered claims. The assignments also cover claim management procedures and how to write and submit notices.

• Learn how to identify events that lead to claims.
• Understand the types of claim that are common within the industry.
• Assignments: examine four case studies and identify circumstances that may lead to claims. Identify entitlement for the claim issues under the contract. Discuss any relevant legal principles and describe how to evaluate the claim.

• Understand the importance of a good claim strategy.
• Learn how to create a suitable strategy from both the claimant’s and the respondent’s points of view.
• Assignment: The beginning of a claim or response document should include key information including project background information and contract details. It should also set the scene for the claim. This will help the reviewer to understand the issues in question. We ask you to study these principles and produce an example of the preliminary sections of a claim.

• Establishing cause and effect is one of the most important parts of a claim or response.
• Understand how to link cause and effect.
• Assignment: using a case study, we ask you to write cause and effect narratives. The narratives should be written in such a way that they can be included in a formal claim submission.

• In Module 5, we first build on the principles of cause and effect. We discuss how to use a delay analysis to show the effect of a delay on the time for completion.
• We then move on to look at claimant’s entitlement.
• Assignments: We ask you to perform a delay analysis and produce claim narratives based on a case study. We use two common delay analysis techniques for this exercise: time impact and impacted as planned.
• Assignments: We ask you to examine two case studies. We then ask you to produce narratives that could be included in a claim to show the claimant’s entitlement.

• Understand the importance of a response.
• Learn how to ensure that the response or determination persuades the claimant and the project owner that it is correct.
• Assignment: We ask you to refer to three claims that include varying degrees of detail. We ask you to produce response documents for each claim. We also ask you to respond to them from both a fair and defensive point of view.

• In the last module we bring everything together.
• Assignment: we ask you to produce a full extension of time claim for one of the case studies.

• Organisation
• Goals and Objectives
• Services Provided
• Publications – Contracts and Agreements
• Publications – Business Practices, Guides and Manuals

• The Red Book (1999)
• The Yellow Book (1999)
• The Silver Book (1999)
• The Gold Book (1999)
• The Pink Book (1999)
• The Red Book Subcontract (1999)
• The Green Book Short Form of Contract (1999)
• Elements of a Contract
• Advantages of a Standard Form of Contract
• Disadvantages of Bespoke Contracts
• A Typical FIDIC Form of Contract
• Additional Documents Required for the Contract
• The Parties Referred to in the FIDIC Forms of Contract
• Allocation of Risk
• Employer’s Risk Under the FIDIC Forms of Contract
• General Provisions of the FIDIC Forms of Contract
• Clause 1 – General Provisions

• Explanation of the General Provisions including definitions, communications, law and language, priority of documents, delayed drawings or instructions and errors in the Employer’s requirements.

• Clause 2 – The Employer
• Clause 3 – The Engineer
• Clause 4 – The Contractor

• Clause 5 – Nominated Subcontractors (Red Book 1999)
• Clause 5 – Design (Yellow Book 1999)
• Clause 6 – Staff and Labour
• Clause 7 – Plant, Materials and Workmanship

• Clause 8 – Commencement, Delays and Suspension
• Clause 9 – Tests on Completion
• Clause 10 – Employer’s Taking Over
• Clause 11 – Defects Liability
• Clause 12 – Tests After Completion (Yellow Book 1999)

• Clause 12 – Measurement and Evaluation (Red Book 1999)
• Clause 13 – Variations
• Clause 14 – Contract Price and Payment

• Clause 15 – Termination by Employer
• Clause 16 – Suspension and Termination by Contractor

• Clause 17 – Risk and Responsibility
• Clause 18 – Insurance
• Clause 19 – Force Majeure

• Clause 20 – Claims, Disputes and Arbitration
• Inherent Project Risk
• Contractor’s Claims, Employer’s Claims, Claims Procedures and Disputes
• Amicable Settlement
• Dispute Adjudication Board
• Arbitration

You will be asked to complete a total of 6 assignments throughout the course related to topics covered in the modules. You will be asked to submit your assignments to your personal tutor for grading. Your tutor will provide feedback and advice where necessary and each assignment grade counts towards your overall course grade.