Construction Arbitration, Dispute Resolution and Expert Witness Practice Training Course

Module 1: Fundamentals of Construction Arbitration

• Principles of Construction Arbitration.
• Nature and characteristics of construction disputes.
• Arbitration versus litigation.
• Arbitration agreements and clauses.
• Arbitration procedures and stages.
• Roles of parties, arbitrators, lawyers, and experts.
• Advantages and limitations of arbitration.

Module 2: Causes and Classification of Construction Disputes

• Contractual disputes.
• Payment and valuation disputes.
• Variations and change orders.
• Delay and disruption claims.
• Defects and quality disputes.
• Extension-of-time claims.
• Termination and performance disputes.
• Identifying dispute triggers at an early stage.

Module 3: Adjudication and Mediation

• Principles of adjudication.
• Adjudication procedures and submissions.
• Evidence and decision-making in adjudication.
• Principles of mediation.
• Mediation preparation and negotiation.
• Role of mediators and participating parties.
• Settlement strategies and dispute prevention.

Module 4: FIDIC Contracts and Dispute Resolution

• Overview of FIDIC contract structures.
• Contractual responsibilities and obligations.
• Engineer and employer roles.
• Claims and notices under FIDIC.
• Variations and payment provisions.
• Extension-of-time procedures.
• Dispute avoidance and dispute boards.
• Arbitration provisions under FIDIC contracts.

Module 5: Construction Claims and Evidence

• Identifying and evaluating construction claims.
• Contractual and factual evidence.
• Project correspondence and records.
• Programme and schedule evidence.
• Cost and payment documentation.
• Site records and inspection evidence.
• Establishing entitlement and causation.
• Organizing evidence for dispute proceedings.

Module 6: Expert Witness Practice

• Role and responsibilities of an expert witness.
• Independence and professional objectivity.
• Technical versus legal evidence.
• Expert witness instructions.
• Reviewing project documentation.
• Developing expert opinions.
• Maintaining professional credibility.
• Communication with legal teams and tribunals.

Module 7: Preparing Expert Reports

• Structure of expert reports.
• Defining scope and issues for determination.
• Technical analysis and supporting evidence.
• Quantification of construction impacts.
• Delay, disruption, and cost analysis.
• Referencing contractual and project records.
• Preparing clear conclusions and opinions.
• Common weaknesses in expert reports.

Module 8: Arbitration Hearings and Technical Evidence

• Preparing for arbitration hearings.
• Presentation of technical evidence.
• Examination and cross-examination principles.
• Responding to challenges to expert opinions.
• Explaining complex engineering information.
• Maintaining objectivity under questioning.
• Tribunal expectations and professional conduct.

Module 9: Managing Legal Disputes and Dispute Strategy

• Understanding construction legal disputes.
• Early dispute assessment.
• Dispute escalation and resolution strategies.
• Settlement evaluation.
• Litigation and arbitration considerations.
• Managing legal and technical teams.
• Cost, time, and risk considerations.
• Dispute avoidance and prevention strategies.

Module 10: Practical Construction Dispute Resolution

• Analysing construction dispute scenarios.
• Evaluating contractual and technical evidence.
• Preparing claim and defence strategies.
• Developing expert report structures.
• Applying adjudication and mediation techniques.
• Preparing for arbitration proceedings.
• Presenting technical findings.
• Lessons learned from construction dispute cases.