Master in Contract, Claim and Delay Management in Construction Works Politecnico di Milano - Master School F.lli Pesenti

The Master's is offered both on-campus and online. It will offer the opportunity of a stage (550 working hours) in some renowned firm: many large general contractors, engineering firms, and producers have already confirmed to us to be extremely interested in employing technicians equipped with the set of skills the Master will provide.

Training Objectives

The need for technicians (engineers and/or architects) who become skilled in managing contracts and claims, and who can perform a delay analysis in accordance with established international standards is ever more urgent among the most important general contractors in Italy and abroad. Our globalized world requires that professionals involved in managing claims, construction contracts, and disputes could master complex technical issues and at the same time be conversant with all the legal aspects involved. It is crucial for professionals who have a technical background to become acquainted with the “rules of the game” in the international arena.

Therefore, they should get to know the basic principles of Civil and Common Law as well as of International Arbitration together with the most common standards for international contracts (FIDIC, JCT, NEC, AAA) and the many complex technical and legal issues standing behind delay analysis and construction claim management. They should get to know how to deal effectively with the most important stakeholders in any international construction project: international owners both private (developers, foundations, real-estate funds, etc.) and public (governments, public authorities, etc.), engineering firms, general contractors and suppliers, banks, investment funds, and sovereign funds.

During this specializing Master our alumni will get to know the basics of forensic engineering in international projects: from claim to dispute, dispute boards, arbitration, with a specific focus on the ICC arbitration rules but also on the Milan Arbitration Chamber rules and practices.

At the end of this Master's, the students will be qualified to work for: Developers, Foundations, Real Estate Funds, Governments, Public Authorities, Engineering firms, General Contractors and Suppliers, Banks, Investment Funds, and Sovereign Funds.

Delivery Mode

Onsite Master: the Master's lessons will be held in the classroom by professors of the Politecnico di Milano and by professionals, exponents of the main partner companies. For each topic, we will alternate theoretical lessons with exercise activities and case studies.

Online Master: the Online Master is thought for those professionals who, while working, are interested in specializing more in this field.

Master Duration: The Master has an annual duration. It consists of theoretical hours, divided between hours of classroom lessons and hours of individual study, and 550 hours of internship offered by our Partners or some other companies, to those students who follow the master onsite. Online students will activate the internship at the company where they already work. At the end of the internship period, the Diploma exam will take place with a discussion of the master thesis.

Endorsements

COO of BuildingEnergy: "The professional figures you have outlined are interesting for us too."

General Counsel of Danieli & C .: "We need them like bread and are professional figures that, as you know, are not easily found in the Italian market. Abroad, however, they cost a lot of money. So this is an initiative that we certainly support."

Chief Director of Italiana Costruzioni: "Surely they are profiles that can be useful for the activities we have engaged abroad, as you know there is a shortage of Italian professionals with specific skills in contract management. It looks like a good initiative."

General Counsel of Maire Tecnimont: "I confirm that the profiles you have indicated are highly sought after by Tecnimont and the other companies in our group."

Head of Foreign Legal Department of Impresa Pizzarotti & C. S.p.A.: “Contract Managers play a central role in assuring the good outcome of any construction project, and that is why we judge this specializing master to be very useful and interesting.”

General Counsel of Rizzani de Eccher: "I find this initiative you are pursuing of great interest and I can confirm that our company is constantly looking for such professional figures. I also add that unfortunately, in most cases, on the market there are only AngloSaxon contract managers who for training, mentality, etc. little are suitable for our construction companies. So young Italians willing to undertake this job are very welcomed."

General Counsel of Tenova: “Technical skills combined with the ability to manage contractual choices and responsibilities effectively will become an ever more decisive factor of professional differentiation.”

Didactic Modules

Introduction To The Project LCA: Introducing the students to the need for proper management of the Project and to the importance of contract management, delay analysis, and claim management. An open link with the successive phase of the litigation is to be left.

Introduction to the Fundamentals of Civil Law: Introducing the students to the fundamental principles of Civil Law with particular reference to those concepts which are needed to properly manage the contracts and the claims.

Introduction to the Fundamentals of Common Law: Introducing the students to the fundamental principles of Common Law with particular reference to those concepts which are needed to properly manage the contracts and the claims

Construction Contract Civil Law: In-depth analysis of the Construction Contract (“Appalto”) for private works. For comparative reasons, reference will be made to the public works regulations under Italian Law, if needed.

Contracts by International Standards (FIDIC, JCT, NEC, AIA): A quick introduction to the use of the forms and the main difficulties deriving from using them in a Civil Law or in a Common Law jurisdiction. Checklist with critical issues.

Types of Projects and Works the Main Stakeholders Introduction to Contract Management for FIDIC Contracts: This course will describe in detail all aspects of the FIDIC Contracts which are relevant for contract management. It will be a “hands-on approach” in real cases with professionals of international experience. During this course, certain aspects of risk management will be illustrated.

Introduction to Claim Management for FIDIC Contracts: This course will describe in detail all aspects of the FIDIC Contracts which are relevant for claim management. It will be a “hands-on approach” in real cases with professionals of international experience.

Introduction to Delay Analysis: This course will take the student through the complex matter of delay analysis on International Projects, the various methodology, and the forensic use of Delay Analysis.

Determination of the Quantum: This course aims at detailing the various elements of cost which must be taken into account when determining the quantum in a claim.

Forensic Engineering: From Claim to Dispute, Dispute Boards, Arbitration: This course takes the students from mere contract management to the dispute and deals with the various Dispute Board mechanism, detailing the role of the parties during these proceedings.

Arbitration Details: The students will be presented with the major topics on administered arbitrations and on ad hoc arbitrations. As in the Construction Industry, the most frequent is the ICC one, the focus will be placed on it without forgetting the ICSID arbitration and the UNCITRAL rules.

Case Studies