Successful Management Of Delay And Disruption Claims In Construction Projects

23-24 Jun, 2025, Wyndham Grand Bangsar Kuala Lumpur

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Learn from the Best

Prof. R VENKATA RAGHAVAN,
LLM (UK), B.Eng., C.Eng. PGDBA (PhD Schloar)
FCIArb, MRICS, FCMA
Program Chair- Masters in Construction Law and Arbitration

Arbitrator, Consultant, Expert Witness, International
Trainer & Author
Founding Partner, C Cubed Consultants Limited, UAE

 

Prof Venkat is a techno-legal expert in the field of Construction for over 40 years out of which 32 years are in the GCC/Asia region. He has extensive hands-on experience in design, project management and contract administration of engineering and construction projects and has worked with leading consultants and international contractors.

 

Prof Venkat is a Chartered Engineer, Construction lawyer, Chartered QS and Fellow member of Chartered Institute Of Arbitrators, London. He is fully conversant with legal principles related to the construction of both common law and civil law jurisdictions.

 

Besides his rich industry experience, Prof. Venkat also has extensive training experience as an international trainer on various topics related to Construction Contracts Administration, Claims Management and Arbitration/Dispute Resolution including Arbitration. He has travelled extensively all over the Far East and Gulf countries and had conducted several (over 250) workshops on Contracts management, FIDIC, dispute resolution and subcontract management. He been regularly invited to speak at international conferences and trade events and his papers have been published in leading construction and arbitration journals.

 

In April 2025, his scholarly paper has been accepted for publication in the Journal of Legal Affairs and Dispute Resolution (LADR), a Scopus-indexed (Quartile 1) and Web of Science-listed journal under the American Society of Civil Engineers (ASCE). Venkat will be presenting his paper in Leipzig, Germany in an international conference in July 2025.

 

Prof. Venkat is a tutor at Chartered Institute of Arbitrators, UAE Chapter and he has lectured at Indian Institute of Technology, Chennai, Indian Institute of Management, Tiruchirappalli and British University in Dubai for Masters’ cohort in construction management and construction law.

 

Prof. Venkat has been empanelled as an arbitrator with Indian Council of Arbitration, Asian International Arbitration Centre and Dubai International Arbitration Centre and has good experience in construction arbitration. He also acts as an Expert Witness in construction arbitrations.

 

Prof Venkat has co-founded a Contract life cycle management consultancy by name C Cubed Consultants, in the year 2015 based in United Arab Emirates with an aim to advise Clients, Contractors on various aspects of contractual matters and helps them to resolve their disputes in an amicable and practical way.

Venue Details

Wyndham Grand Bangsar Kuala Lumpur
1, Jalan Pantai Jaya Tower 3, Kuala Lumpur, 59200 MY,
Phone : 60322981888

https://wyndhamgrand bangsarkl.com.my/

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Session 1: All About Base Line Program
  • Session 2: Delay Analysis Techniques
  • Session 3: Contentious Issues In Delay Analysis
  • Session 4: Differentiating Disruption From Delays
  • Session 5: Window Analysis Demystified; A Detailed Case Study
  • Session 6: What Is A Global Claim?
  • Session 7: The Claim Process Explained
  • Session 8: Dispute Resolution In Construction Contracts
OVERVIEW

It is a common fact that construction projects normally get delayed for several reasons. When a project is delayed, the contractor is losing money on site expenses and overheads and the delay claims are most debated in final account negotiations. Delayed projects also cost money to the developer as the delayed possession prevents him to earn out of the asset that is being constructed.

Claims are an integral part of construction business. By its very nature, construction is a risky business and with the involvement of different stakeholders with conflicting interests, it is only natural to have claims and disputes in this industry. The positive fact about construction claim is that the Contract itself provides remedies for dealing with the claim arising from the contract. Despite that simplicity, claims seem to be a nightmare to contractors and even to the Owners. An unresolved claim will manifest into a dispute and resolving a dispute is an expensive process. Have you ever thought why a claim, which appears to be genuine but fails in an adjudication process?

Assessment of claims (both for preparation and defense) requires sound subject knowledge (both technical and contractual), persuasive skills in writing and pleading and an analytical mind to connect the dots and establish the causation link.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. IDENTIFYING early warning indicators of delays.
  2. ASSESSING and quantifying the extent of delays and disruptions to apportion liability fairly.
  3. LEARNING the benefits and limitations of Forensic Schedule and Delay Analysis techniques.
  4. EQUIPPING yourself with new approaches to managing delays and claims.
  5. APPLYING workable recovery plans, acceleration and extension of time to avoid major time overruns.
WHO SHOULD ATTEND

This course is recommended for all Senior Professionals in the Construction Industry working with Developers, Project Management Consultants and Contractors/Subcontractors. Planning Engineers, Forensic Delay Analysts, Contract and Commercial Managers, Contract Administrators, Project Directors/Managers and Quantity Surveyors will find this course useful with hands-on learning and invaluable tips from an international consultant and trainer with 39 years of experience.

METHODOLOGY
  • Interactive Lectures
  • Presentations
  • Case Studies
  • Role Play Exercises
  • Quiz
  • Q & A Sessions
DAY 1
9:00

SESSION 1: ALL ABOUT BASE LINE PROGRAM

Establishing a robust base line program; Importance of baseline program and its regular
monthly updates; understanding delay and
entitlement due to delay; revalidation of
baseline program; constructing factual as-built
program; practice issues

10.45

SESSION 2: DELAY ANALYSIS TECHNIQUES

Classification (of delays); Excusable delay, compensable delay, critical delay and concurrent
delay; Event Analysis Sheet and Delay Register; Template for collection of delay data from
construction site, collation of data; Delay Analysis Techniques (DAT) like Impacted
as planned, Time impact analysis, As planned and As built and Collapsed As Built;
The strengths and weaknesses of each of the above method; Choosing the appropriate delay analysis method; Relevant Issues not
Addressed by Existing Delay analysis methods

1:00 Lunch
2:00

SESSION 3: CONTENTIOUS ISSUES IN DELAY ANALYSIS

Float Ownership- Owner’s view of float ownership, Contractor’s view of float,
Guidance from Society of Construction law
on float ownership; demystifying Concurrent
Delays, Legal principles associated with
concurrent delay like Prevention principle,
Dominant theory, Apportionment analysis and
Malmasion approach/SCL guidance; Principles
of acceleration, types of acceleration like instructed, own initiative and Constructive
Acceleration; Pacing delays, direct and indirect
pacing, owner’s and contractor’s arguments

3:45

SESSION 4: DIFFERENTIATING DISRUPTION FROM DELAYS

What is “disruption”; compare and contrast
with delay; Why disruption claims are tricky;
Establishing a successful disruption claim;
Productivity and factors affecting productivity; Quantifying disruption claims, measured mile
analysis; Calculating prolongation costs, issues
arising in international arbitrations and courts

5:00 End of Day 1
DAY 2
9:00

SESSION 5: WINDOW ANALYSIS DEMYSTIFIED; A DETAILED CASE STUDY

Contractual entitlement for delays; Dealing with
time/delay under standard form of contracts;
Detailed case study of a sample project using
various delay analysis techniques like Baseline
and critical path, Impacted As planned, As planned As built, As planned but for from
Contractor view, As Planned but for from owner
view, Collapsed as built, Window slice analysis
and Time impact analysis


10.45

SESSION 6: WHAT IS A GLOBAL CLAIM?

Understanding Global claims; Why they
are not acceptable; case laws; When the global
claims will be acceptable; recent trends in
global claims; Society of construction law
protocol relating to global claims; Owner’s claims and Contractor’s claims in standard
forms of contracts; condition precedent
explained; Importance of contemporary
records; Record versus witness statement and
Courts view on contemporary records

1:00 Lunch
2:00

SESSION 7: THE CLAIM PROCESS EXPLAINED

Invisible claim chain, Causation link explained,
Practical examples; The Claim cycle, Various phases in claim management, Importance
of claim management, How to effectively
communicate; How to defend contractor’s claims, Claim process in Nutshell, Layman’s
view, Structuring the whole process of claim;
When to approach a “Claim Expert”? Role of
a claim expert and Value added services by
expert

3:45

SESSION 8: DISPUTE RESOLUTION IN CONSTRUCTION CONTRACTS

Multi-tier dispute resolution mechanism explained, The three pillars of dispute
resolution; Statutory adjudication;
Contractual adjudication; Introduction to
dispute boards; CIPAA; Timeline for
resolving disputes under standard contracts; Arbitration process explained; Tips for avoiding
disputes for Owners and Contractors

5:00 End of Course