Workshop W1: Claims-Management
A workshop in which the principles of claims management are deepened using practical examples. The claim process is practiced by creating and presenting claims in group work. It is also about the defense of claims and fundamental questions about the meaningful organization of claims management in the project.
Today, a good technical background is no longer enough to successfully complete a project. The contract and the correct handling of mutual claims are becoming more and more important. Each project is integrated into a network of contracts. In addition to the main contract with the customer, there are orders to suppliers, service providers, insurance companies, etc. Disruptions in a project automatically lead to conflicts at the boundaries of the contractual partners. What to watch out for
The basis for a claim is first of all a case analysis, whether and how the process can be proven to be represented by the other side. A realistic objective of the amount and the boundary conditions with which a claim can or should be presented requires sufficient information (profiling), both about one's own interests (project, sales, corporate management) and about other people's intentions. The strategy describes the basic direction and thus also possible intermediate goals, whereby the tactic defines the method with which the goal is to be achieved.
Securing entitlement according to the PRO: CLAIM concept
In addition to the internal technical and commercial change management, the focus here is on the interfaces of the contracts. In addition to the commercial risks, changes to the contract also entail considerable technical risks if these are not designed and implemented in accordance with the contract. Changes are divided into the following categories:
- Internal changes you created yourself
- Planned changes with contractual partners
- Unplanned changes with contractual partners
Planned changes are also referred to as 'change orders'. These changes are regularly agreed as a contract amendment to the existing contract with commercial compensation prior to implementation.
Unscheduled changes are referred to as 'claims'. A change order often becomes a claim if the contractual protection mechanisms are not used. The following list shows the essential elements that must be observed in the context of securing claims:
Topics such as 'enforce change orders' or 'enforce claims' deal with the formal aspects of correctly implementing these processes in order to achieve an optimal result, taking into account the resources used. Both term claims and the topics to defend against a claim form their own category. Anyone who wishes to reimburse additional expenses due to a breach of contract is obliged to clearly prove this to the claim recipient. Therefore, the effort to enforce a claim is considerably greater than the effort to defend against a claim.
Target Group
This module is aimed at all employees who have responsibility in projects (e.g. project managers, engineers, commercial employees, controlling, purchasing). This seminar is suitable for non-lawyers.
Seminar content
A workshop in which the principles of claims management are deepened using practical examples. The claim process is practiced by creating and presenting claims in group work. It is also about the defense of claims and fundamental questions about the meaningful organization of claims management in the project.
- Claims management basics, claim process
- Create and present claims
- Fending off claims
- Organize claims management in the project
- Scope of services
- Duration of the workshop: 1 day (8 hours)
