Course overview
Understanding Contractual Entitlements is for project managers and commercial teams learning to establish the basis of a construction claim. It focuses on identifying the relevant contractual provision, following the required notice procedure and assembling the evidence needed to support or assess the entitlement.
Participants follow an instruction or event through the contract and project records. They examine whether the event gives rise to an entitlement, which requirements must be satisfied and how to explain the connection between the event and its effect on the work.
The exercises cover variations, extensions of time and payment-related issues. Participants prepare a short, reasoned account of a potential claim and identify gaps in the supporting information. Detailed valuation and settlement negotiation are outside the main scope of this course.
What the course covers
Topics include:
Establishing the contractual basis
- Identifying the obligation or event giving rise to a claim
- Reading the relevant provisions alongside project amendments
- Distinguishing scope changes, time entitlements and cost entitlements
- Separating an asserted entitlement from one supported by the contract
Notices and supporting records
- Identifying notice requirements, recipients and time limits
- Recording instructions, events and their effect on the work
- Connecting correspondence, site records and programme information
- Recognising missing evidence and information requiring confirmation
Preparing and assessing the explanation
- Setting out the event, contractual basis and supporting facts
- Explaining the connection between the event and the claimed effect
- Testing another party’s submission and asking focused questions
- Identifying what is established and what requires further assessment
For the detailed pricing and assessment of changed work, see Valuing Construction Variations in Practice.
Course delivery
This one-day course is delivered face-to-face, in-house and on demand, for organisations in Australia and New Zealand. Dates are agreed with you.
It is an entry-level course for project managers and commercial teams developing their understanding of contractual entitlements.
We agree the emphasis with you to suit your team’s experience and project requirements, including the contract form and any amendments. The course can be tailored to NEC, NZS or AS contracts.
Who it’s for
For project managers and commercial staff who identify potential claims or make an initial assessment of their contractual basis.
- Project managers responsible for identifying changes and claim events
- Contract administrators preparing notices and supporting submissions
- Quantity surveyors and commercial staff developing claims experience
- Client-side staff reviewing the basis of contractor submissions
