Overview of Construction Claims and Disputes
Jim is the Principal, James Zack Consulting, LLC and Senior Advisor,
Ankura Construction Forum™. Formerly he was the Executive Director of
the Navigant Construction Forum™ and earlier, the Executive Director,
Corporate Claims Management Group, Fluor Corporation, one of the world’s
largest EPCM contractors. Mr. Zack was previously Vice President of
PinnacleOne and the Executive Director of the PinnacleOne Institute and a
Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has,
for more than 51 years, worked on both private and public projects
throughout the U.S. and in 39 countries abroad. Mr. Zack is a Fellow of
AACE, the Royal Institution of Chartered Surveyors, the Guild of Project
Controls and the Society of Construction Claims Specialists
International. In the construction claims field, he is a recognized and
published expert in mitigation, analysis and resolution or defense of
construction claims and disputes. Mr. Zack is a Certified Construction
Manager (CCM), a Certified Forensic Claims Consultant (CFCC), an Expert
Certified Construction Claims Specialist (ECCCS), an Expert Certified
Construction Delay Analyst (ECCDA) and a Project Management Professional
(PMP).
This webinar discusses the 11 basic types of construction claims included in most standard contracts used throughout the U.S. – AIA, Consensus DOCS, EJCDC, etc. The webinar outlines the entitlement and causation elements of each type of claim that the claimant must demonstrate to justify their right to prevail. The webinar highlights the following construction claims – claims for directed changes; constructive changes; differing site conditions; directed suspensions of work; constructive suspensions; force majeure events; delays; accelerations; constructive accelerations; terminations for convenience; and terminations for default. The webinar also identifies several types of owner claims against contractors. The elements of the burden of proof required of all claimants are presented. The basic requirements concerning damages are covered. A discussion of claims under various project delivery methods and a summary of an accepted claims preparation and analysis methodology are included in this webinar. The webinar will conclude with an outline of various dispute resolution methodologies.
Areas Covered
- Identifies the most common causes of construction claims
- Discusses the “universe of construction claims”
- Explores both contractor and owner claims against the other party
- Demonstrates how the basic three-part test of a claim (entitlement, causation, and damages) applies to each type of claim
- Educates attendees on how to prepare and present or analyze and settle or defend against construction claims
- Set forth a typical claim for damages
- Discusses construction claims under various project delivery methods
- Sets forth various dispute resolution methodologies and the dispute resolution staircase
Course Level - Intermediate/Advanced
Who Should Attend
- Owner and Contractor Project Managers
- Resident Engineers or Architects
- Agency Construction Managers
- Construction Managers @ Risk
- Design Managers
- Legal Counsel representing owners or contractors
Why Should You Attend
- Recognize that all parties to a construction contract anticipate changes and claims
- Be exposed to the fundamentals of contracts and claims
- Explore the “universe of construction claims”
- Demonstrate how the basic three-part test of a claim (entitlement, causation, and damages) applies to each type of claim
- Understand the burden of proof requirement all claimants (both owners and contractors) must meet
- Educate attendees on how to prepare and present or analyze and settle or defend against construction claims
- Learn how contractors and owners must deal with construction claims situations and events
- Appreciate the downside risk of leaving claims and disputes to fester until the end of a project
Topic Background
This webinar surveys the entire field of construction claims – contractor claims against owners and owner claims against contractors. The webinar reviews the three-part test (entitlement, causation, and damages) that all claimants must meet and how this test applies to all claims. It also surveys how claims apply under all current forms of project delivery to illustrate that there is no such thing as a “bullet proof” contract.
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$200.00
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