Course overview
Negotiating Construction Claims and Commercial Agreements is for experienced project and commercial staff responsible for resolving disputed accounts, variations and claims. It starts with an existing claim or assessment and concentrates on preparing for negotiation, conducting the discussion and recording the settlement.
Participants examine the strength of the available evidence, weaknesses in their own position, settlement authority and the consequences of leaving the matter unresolved. Entitlement and valuation are reviewed as part of that preparation; the course does not teach claims preparation or pricing from the beginning.
Using a worked construction dispute, participants prepare a negotiation brief and conduct a settlement discussion. They consider offers, identify matters requiring further approval and record what has been agreed, what remains open and what must happen next.
What the course covers
Topics include:
Preparing for the negotiation
- Reviewing the existing claim, assessment and supporting evidence
- Identifying agreed matters and the actual points of disagreement
- Testing weaknesses, assumptions and information that could change the position
- Preparing a concise brief and deciding who should attend
Agreeing the mandate
- Distinguishing authority to negotiate from authority to settle
- Setting objectives, limits and approval arrangements
- Assessing alternatives and the consequences of no agreement
- Agreeing team responsibilities and handling new information
Conducting the discussion
- Asking questions and testing the other party’s explanation
- Using evidence to address the disputed points
- Considering offers, concessions and package agreements
- Managing pressure, adjournments and internal consultation
Recording and implementing settlement
- Defining the matters settled and those expressly left open
- Recording payment, timing and other agreed actions
- Identifying settlement wording that needs legal input
- Securing approvals and following through on the agreement
For establishing the contractual basis and evidence for a claim, see Understanding Contractual Entitlements.
Course delivery
Training is delivered face-to-face, in-house, for organisations in Australia and New Zealand. The course runs over one day, with dates agreed before delivery.
The course is for participants who already administer contracts or assess construction claims.
The exercises are tailored to the team’s contract forms and responsibilities. Previous formal negotiation training is not required.
Who it’s for
For staff who already work with construction claims or assessments and need to lead negotiations, advise the negotiating team or approve a settlement.
- Commercial managers and senior quantity surveyors leading negotiations
- Project managers and directors with settlement responsibilities
- Contract managers and senior contract administrators supporting negotiations
- Client and contractor representatives authorised to negotiate or approve agreements
