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INSTRUCTOR:
Nils J. Gransberg, Ph.D., AC, A.M.ASCE
Purpose and Background
In construction, change is inevitable, so we must be prepared to deal effectively with changes when they occur on our projects. A 2021 study found that resolving a dispute adds as much as 46% to the planned costs and an average of 17 months to the schedule. Negotiating mutually agreeable resolutions to changes as they occur is key to avoiding costly, time-consuming disputes. This course teaches the fundamentals of contract change negotiations (a critical soft skill for both construction and design engineers) and dispute resolution. The course takes a pragmatic approach to the issue of dispute avoidance, recognizing that both parties to the contract will view a change from different perspectives. This course will take an estimated 7 hours 30 minutes to complete.
Benefits and Learning Outcomes
Upon completion of this course, you will be able to:
- Demonstrate the application of win-win negotiations on the outcome of a case study project
- Identify the key elements of a negotiation strategy and apply that to a negotiation plan
- Demonstrate the application of effective communications in the context of diverse cultures and personalities for a typical contract negotiation
- Describe the process to prepare a contract change dispute for third party adjudication
Assessment of Learning Outcomes
Achievement of the learning outcomes by attendees will be assessed through a final exam.
Who Should Attend?
- Design and construction project managers
- Technical support staff
- Construction administrators
- General contractors
- Entry-level and experienced engineers
- Architects and design professionals
- Public or private owners
- Legal Personnel
Pre-requisites
The course is designed for both entry-level and experienced engineering, design, and construction professionals as well as those who are employed by public and private owners.
Course Outline
Module 1: Introduction to Negotiations (140 minutes)
Lesson 1.1 = Introduction to Negotiations
Lesson 1.2 = Planning for Win-Win Negotiations
Lesson 1.3 = Principles of Communication Part 1
Lesson 1.4 = Principles of Communication Part 2
Lesson 1.5 = Culture and Context
Learning Exercise
Module 2: Negotiation Strategy (74 minutes)
Lesson 2.1 = Introduction
Lesson 2.2 = Scoping Negotiations
Lesson 2.3 = Negotiation Strategies
Lesson 2.4 = Planning the Negotiation
Lesson 2.5 = Scripting the Negotiation
Learning Exercise
Module 3: Change Proposal Evaluation (106 minutes)
Lesson 3.1 = Introduction
Lesson 3.2 = Contractor Pricing Analysis
Lesson 3.3 = Schedule Analysis (Part 1)
Lesson 3.4 = Schedule Analysis (Part 2)
Lesson 3.5 = Elements of a Change Order
Learning Exercise
Module 4: When Negotiations Fail (89 minutes)
Lesson 4.1 = Introduction
Lesson 4.2 = Impasse Planning: Causes & Resolutions
Lesson 4.3 = Introduction to Alternative Dispute Resolution
Lesson 4.4 = ADR: Mediation
Lesson 4.5 = ADR: Arbitration
Lesson 4.6 = ADR Case Study
Learning Exercise
Module 5 = Final Exam
How to Earn your CEUs/PDHs and Receive Your Certificate of Completion
This course is worth .8 CEUs/8 PDHs. To receive your certificate of completion, you will need to complete a short on-line post-test (final exam) and receive a passing score of 70% or higher.
How do I convert CEUs to PDHs?
1.0 CEU = 10 PDHs [Example: 0.1 CEU = 1 PDH]