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Structural Steel Construction
Claims Analysis, Presentation and Negotiation
The
structural steel fabricators and erectors' comprehensive, easy to use
and understand, guide manual for identifying, understanding, writing,
presenting and successfully negotiating structural steel construction
claims.
It's Your Money and
possibly even your company's future on the line ...
Level
the playing field with a no-nonsense, no-holds barred, practical and
professional approach to getting paid for your and your company's hard
work.
Today, your
company's survival and success, as well as your own, may depend on your
ability as a structural steel fabricator / erector to understand,
identify, write, present, negotiate and collect the monies you are
entitled for extras and changes in the scope of work, timeframes and
conditions originally contracted in your projects.
Count on
this: Applied
Knowledge is Power. Knowing
how, when and why to apply that knowledge and skill matters most in
today's litigious, high pressure, fast-track, get it done yesterday
structural steel construction business climate. The
project managers and executives that do things right will survive and
prosper. Those that do not, will fail, period.
Unfortunately, the
old rules of business done on a handshake, with a genuine commitment to
a standard of "Fair and Reasonable to all parties on the project team,"
cannot be counted on, nor assumed. Adversarial, and sadly even
combative approaches to dealing with project subcontractors are now
commonplace today. And, I'm certain that it will only get worse.
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Imagine For A Moment ....
You walk
into the meeting room with the rest of your negotiating team. The
plush corner conference room overlooks the New York Harbor and you can
even see the Statue of Liberty faintly in the distance. Since
your team has purposely arrived twenty minutes early for the
negotiation session, your team is able to strategically "stake" your
seating arrangement prior to the other team's arrival.
You
select a seating pattern, previously determined in your pre-negotiation
planning session, that intentionally places your team members in seats
which prevents an "us" vs. "them" at opposite ends of the table from
occurring today.
Confident
in your team's plan, which was practiced with several "run-throughs"
the previous several days, you casually await the other team's
arrival. The other team is now delayed from the scheduled meeting
start time as they rush through their 11th hour 'gameplan' preparations
for today's session.
Relaxed
and prepared, your team passes the delay by discussing the prospects
for the coming year's football playoffs and Super Bowl prospects.
Wishful Thinking ??
Not at all.
 Hi, my name is Kevin
Halloran. As a Senior Project
Manager that has used the concepts in Steel Construction Claims
Analysis, Presentation and Negotiation, I am confident that with this
information You can become an assured, confident professional when
dealing with steel construction claims when they arise on your
project.
You will approach
each situation knowing that your information presented is rock-solid,
and is really just another routine change order discussion.
You are prepared and ready to deflect any number of negotiation gambits
that are thrown at you. In fact, you already have covered the
anticipated approach by the opposing side. In essence, it's just
another day at the office.
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Projects
from Hell !!
As fabricators and
erectors, we've all experienced "projects from hell" where delays,
changes, extras, Owners' Designated Representatives for Design and
Construction denial of legitimate and entitled fabricator/erector
compensation take place.
Consider for a moment:
- Recent News Release of over 22,000
change orders by a fabricator/erector on a single project!
- A former fabricator client of mine some years
ago, owned by two
brothers and their father, was forced into liquidation, losing their
homes as well, when a contractor refused an entitled time extension and
monies they were owed for extras they had done.
- While attempting to collect over $ 500,000.00 in past due amounts on
a completed project, a colleague of mine asked the contractor why he
was really seeking a $ 75,000.00
reduction to the contract amount when all the steel was
delivered and erected without any problems. The contractor
responded: "If I don't get
something from you, then they will think that I'm not doing my job."
In response to my colleague's request that all funds be paid but the
disputed $ 75,000.00, the contractor responded, "Oh, I can't do that. If it's only $
75,000.00, then I won't have any leverage over you." The
contractor eventually agreed to an unearned
reduction of $ 50,000.00 in the full amount due to pay the
fabricator and erector.
- An
initial $ 200,000.00 back charge claim
for delays and acceleration costs of other trades presented by the
Construction Manager in the project close-out meeting was ultimately reduced to less than a total of $ 20,000.00
after a detailed examination utilizing the methods contained in
Structural Steel Construction Claims: Analysis, Presentation and
Negotiation. That's $
180,000.00 with just a few hours work!
- A 2003 News Report detailing a single
fabricator's net loss of over $120 million [Cdn.] stating: "as
it came from the revaluation of profits generated on certain contracts
due to upward revision of estimated costs to complete contracts, the
non-realization of estimated revenues, and provisions for contracts in
progress…."
- Multi-Million Dollar Counter Claims that can
exceed the entire
value of the structural steel fabrication and erection package contract
of the fabricator / erector.
- A recent article on a South Florida Performing
Arts Center project reported that the project was now some $ 61 Million over budget with changes and
claims. It reported that the steel fabricator and
erector's portion was $ 31 Million,
or over half of the total.
The
Big Questions
- How does today's steel fabrication and erection
project manager
learn the terms, techniques and proven methods to combat unfair and
unreasonable positions, strategies and tactics deployed against them on
projects today?
- How does the project manager protect his
company's rights while
negotiating in good faith in the face of relentless project completion
pressures?
- How do today's project managers learn proven
presentation
techniques?
- How do the project managers acquire the
negotiation skills and
knowledge to effectively bring disputes to resolution?
- How and why do you want to avoid costly
litigation?
- How do project managers and company executives
recognize
negotiation tactics and gambits when they are deployed against you in
meetings?
- What are the counter tactics you use to
effectively negate such
strategies?
- What documentation do you need, and how should
you do it?
- How does your firm effectively and cost
efficiently combat the
"Armies" of staff, 'experts' and decision makers in the 'Goliath' sized
firms?
- Where do you go for industry-specific, relative
and easy to
understand information?
"Learn How to
Write a Claim!"
Construction
Manager Project Executive to a former colleague in 2002.
Early in 2002, I
was faced with a complex project that literally came out of the gate
with a host of "issues" and problems. Additionally, I faced the
most aggressive and position entrenched Owner's Designated
Representatives for Design and Construction that I have encountered in
my twenty-five plus years in the industry. In an effort to expand
my knowledge, skills and abilities to effectively deal with this
collective group of accomplished, hardened and entrenched industry
professionals, I sought to acquire a guidance manual for structural
steel fabrication and erection claims analysis, presentation and
negotiation. Much to my dismay, after weeks of searches on the
net and industry publishers' lists, I found none.
What I did find, of course, was a number of books on the general
overall construction claims process. I purchased the best of
these resources and set out to learn the techniques and their specific
applications to structural steel fabrication and erection. The
vast majority of examples and case histories in these resources had
nothing to do with structural steel fabrication and erection.
However, the principles contained within the examples and case
histories are applicable to the specifics of the structural steel
fabrication and erection industries. Combined with my training as
a professional negotiator, I felt that this information would be
extremely useful in my capacity as a Senior Project Manager.
MAD as HELL !!
When I completed the first year of study and research on this topic, I
was forced to reflect over my career and the various situations
encountered in projects during the past 20 years. Reluctantly at
first, I
realized that had I known this information at that time, many
'settlements' and 'adjustments' could have been reduced or eliminated
entirely!
At that very moment, I decided and committed to continue my research
and study to a mission:
Write and
publish an easy to understand manual that cuts through the 'smoke and
mirrors' and misdirection to reveal the basic concepts of
understanding, identifying, writing, presenting and negotiating valid
and entitled legitimate structural steel construction claims to share
with my colleagues in an industry that I truly love, and one that has
been very good to me.
Structural Steel Construction Claims Analysis, Presentation and
Negotiation will provide you with the information that frankly, I truly
believe that you cannot afford to be without in today's business
climate for steel fabricators and erectors.
Over Three Years
and 5000+ man-hours of research, study and real-world application
provides:
-
What is a Structural Steel
Fabrication/Erection Construction
Claim?
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Identifying Types of Structural Steel
Fabrication/Erection
Construction Claims
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Potential Causes of Structural Steel
Fabrication/Erection
Construction Claims
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Avoiding Structural Steel
Fabrication/Erection Construction
Claim during construction
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Analyzing Structural Steel
Fabrication/Erection Construction
Claims
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Structural Steel Fabrication/Erection
Construction Claim
effects on Project Schedules
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Structural Steel Fabrication/Erection
Construction Claim lost
efficiency and productivity
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Audits and their role in Structural Steel
Fabrication/Erection
Construction Claims
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Writing the Structural Steel
Fabrication/Erection Construction
Claim
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Format of Structural Steel
Fabrication/Erection Construction
Claims
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Detail of Structural Steel
Fabrication/Erection Construction
Claim
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Structural Steel Fabrication/Erection
Construction Claim Content
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Owner and Contractor Response to Structural
Steel
Fabrication/Erection Construction Claims
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Arbitration of Structural Steel
Fabrication/Erection
Construction Claims
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Litigation of Structural Steel
Fabrication/Erection
Construction Claims
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Expert Witnesses & Why You Need Them
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Negotiation of Structural Steel
Fabrication/Erection
Construction Claims
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Negotiation Approaches and Gambits
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Counter Measures to Gambits used Against You
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Entitlement for Structural Steel
Fabrication/Erection
Construction Claim Causation
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Scientific Method of Analysis of Structural
Steel
Fabrication/Erection Construction Claim
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Sources of Substantiation of Structural Steel
Fabrication/Erection Construction Claim
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The Standard of Professional Care and What it
Means to You
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Coordination Responsibilities
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Contractual Time Relevance
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Notice of Structural Steel
Fabrication/Erection Construction
Claim
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Structural Steel Fabrication/Erection
Construction Claim
Documentation and Record Keeping
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Potential Contract Red Flag Clauses
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The Use of 'Higher Authority'
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Attorney-Client Relationships
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Discovery's Goldmine for You (and potentially
them)
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Organizing your Documents
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How to get a Great Attorney
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Get Your Attorney's Best Performance
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Working with Your Attorney
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Working with Your Experts
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Negotiating with Your Own Side
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The 11th Hour on the Courthouse Steps
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Here's What They're Saying About
Kevin and
Steel
Construction Claims in Action:
"Probably a "300"
level course for even 'experienced' fabricators. One thing
-- the more fabricators that negotiate professionally, the less
likely disputes will develop. If they know your army is well
trained, your well trained army is a deterrent to hostile
action."
Steel
Industry Senior Executive
" I know that I'd
never want to go up against him on a steel construction claim."
General Manager Fabrication
Operations
"
I had
gone to the project documents storage warehouse three times previously
to review the files with no results. Kevin shows up, makes two
statements and within ten minutes, he has the Project Executive himself
personally scouring through boxes of documents out in the warehouse in
an attempt to produce the 'missing' files."
Prominent
New York Construction Disputes Litigator
" Kevin looks at
every tiny scrap of project records information, analyzes it, and then
puts it together in a way that makes sense and is almost impossible to
argue with. "
Mid-Atlantic
Fabrication Operations Manager
" I've never seen
anyone take opposing counsel out of their deposition gameplan so fast
... "
Top Atlanta Based
Construction Litigator
" He has research
and information from books and sources that I've never even heard of
... "
West Coast Project
Manager
" I've seen him
in action, against some of 'New York City's Best,'
and can say he is absolutely not intimidated by anyone, anytime,
anywhere on steel construction claims. He listens to their
statements, analyzes the data, and then calmly says, 'I
just can't accept that' and proceeds to explain the
company's position using the project data and records. "
General Manager
Steel Fabrication Division
" I'd certainly agree
with that stipulation rather than have to battle it out all afternoon
with Kevin ... "
Ace Manhattan Construction Trial Attorney
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Structural
Steel Construction Claims Analysis, Presentation and Negotiation
will
provide you with the concepts, knowledge and skills to deal with the
tough situations that do arise in Structural Steel fabrication and
Erection Projects.
Negotiate with
professionalism, confidence, knowledge and the substantiation of your
position with tested and proven methods that work!
Arm yourself
with the knowledge and skills to be a resourceful, decisive, confident
project manager for structural steel fabrication and erection projects.
Give yourself a
honed edge in your dealings and increase your value as a knowledgeable,
skilled professional contributor to your organizations' project team!
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will, at its option, repair or replace any defective product within 90
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