Masters in Training Presents A day Symposium on Analyzing the Gist of Construction Delay Claims The Way Forward on 23rd November 2013 in

Mumbai.@The Club.

SUBJECT BRIEF: This seminar is designed for all mid-senior level techno-commercial professionals

involved in the construction industry, who are regularly exposed to contract drafting, negotiations,

diligence, claims management, dispute resolution or contract closure. The aim is to educate these

responsible functional leaders on dispute damage claims and how construction delays in particular

impact construction projects and its stakeholders. The discussion extends to concerns arising out of

these claims and its commercial impact on concerned business; further highlighting clues on how to

provide protection against such delay claims/damages through proper contracts management,

documentation and defending such claims. The course will try to impart value learning to all

participants and provide a first-hand practical knowledge, which can directly be applied in their day-to-

day working.

Learning objectives:

The participant will be able to understand and appreciate

His/her role in dispute situation and to further create proper case for defense;

Role of Arbitrator, Counsel, Media or any External Assistance through entire project cycle;

Estimate cost of delays, through assessment of dispute resolution process, tort

About Expert - Amol Navangul Amol Navangul is a distinguished senior business leader, technocrate and management professional. In his 23 years of career,

he has built global businesses and delivered diverse sector projects worth $ 4.5 billion in infrastructure & energy, refining &

petrochemical, engineering & manufacturing, realty & hospitality, information technology and economic & technology

consulting. As international techno-commercial consulting expert, he handled various finance, strategy, policy & risk advisory

and projects & contract management assignments while widely working across India, Asia, Africa & Europe. Well-trained,

educated and innovative, he is focused & methodical with acquired multifaceted talents. He has built and trained high-

performance global teams across sectors, created resources and have attained wider recognition through strong global

connect. Specialised managing venture & project start-ups, performance & delivery, handling crises situations, creating &

managing intricate international engineering-procurement-construction operations; he also possesses expertise in project

finance, due-dilligence, contract negotiations, international law, statistical analysis, engineering design, product and brand

management. Certified program management professional, financial analyst, cost engineer, energy risk professional and

valuation analyst; he is graduate in Engineering & Design, post-graduate in Management, Law & Statistics and about to be

awarded Doctorate in Finance & Economics. A first generation entrepreneur, rising from initial failures, now mentors various

innovative businesses and assists them in funding, technology, operations and markets. He works as Managing Director and

Principal at Maytra Noesis Advisory Private Limited an advisory and technology concern and is Principal Partner at

Packgreens Interactives LLP a sustainability and cleantech venture capital firm.

Session 1: (9:00 10:30)

OVERVIEW OF POTENTIAL CONSTRUCTION CLAIMS AND DAMAGES

Types of projects, activities and contracts, FIDIC terminology etc.

Reasons for damage claims under work contracts and types of delay or other claims,

Contractors claims for direct costs towards project overheads and impact costs,

Owners claims for defective work and delivery delays,

Statutory claims towards unfair trade practices or consumer interest protection,

Other claims, such as Designer caused claims or occurring due to unforeseen events.

Session 2: (11:00 12:30)

LEGAL PERSPECTIVE AND IMPLICATIONS OF CLAIMS ARISING OUT OF CONSTRUCTION DELAYS

Type of damage claim and its implication on project and its stakeholders,

Reaction to claims by the counterparty and its working defense mechanism,

Influence of local factors, legal provisions, work methodology and agencies on delay

claims,

Understanding of commercial impact through tort actions or contractual limitations on

liability,

Understanding social impact, brand image and such long-term implications.

Session 3: (14:00 15:30)

DAMAGE ASSESSMENT, MITIGATION MEASURES AND PREVENTIVE MECHANISM

Project delay analysis and situation analysis,

Analyzing construction contracts, special clauses and contract documentation,

Analyzing delay claims and documentation required for substantiation,

Responsibility matrix, consideration of external help & engagement of counsel,

Role of contracts manager, commercial head, legal counsel or arbitrator,

Role of skillful pre-/post-contracts negotiations and strategic involvement of experts,

Creating defense mechanism & approach methodology,

Mitigation measures such as risk mapping and pre-assessment,

Understanding approach methodology through Case Study and Group Activity.

Session 4: (16:00 17:30)

CONTRACTS MANAGEMENT AND UNDERSTANDING OF KEY FACTORS/CLAUSES

Contract provisions relating to delay claims and role of different contract clauses such

as No-Damage for Delay or Pay When Paid,

FIDIC contract standards and provisions towards delay claims and dispute resolution,

Building in-house defense mechanism & countering capabilities,

Proof required to establish a compensable delay claim, notice of claim provision etc.,

Assessment of failure of countering strategy and pre-provisioning of plan B or C,

Creating business and social case through use of media and PR,

Drafting dispute resolution clauses in contracts to mitigate costs of disputes with

special emphasis on arbitration and reconciliation.

Who Should Attend?

This one-day seminar is designed for attorneys, presidents, vice presidents, project managers, engineers, architects, insurance professionals, contractors, subcontractors, claims managers, developers, principals, property owners and managers, and real estate agents.

Commercials: Standard Course Fees: INR 15,500 + 12.36% Service Tax Per participant.

This training is limited for 25 participants. This is a Non Residential Course,

Cheque / DD to be made in favor of Masters In Training address 4D-72, Jupiter

Building, Narendra Park, Naya Nagar Mira Road East Thane 401107.

Registration:

Pl mail us your confirmation of participation at suhelbharati@mastersintraining.in with the following details, company details (As required on the Invoice), Postal address with Pin

number, Name of Delegate designations, Contact details & Email Id Address to Mr. Suhel

Bharati on below given mail id

Contact person Mr. Suhel Bharati - Business Head - +91-9820 5068 88 suhelbharati@mastersintraining.in www.mastersintraining.in

mailto:suhelbharati@mastersintraining.inmailto:suhelbharati@mastersintraining.inhttp://www.mastersintraining.in/