Impact Damages – Fact or Fiction
James G. Zack, Jr.
Jim is the Principal, James Zack Consulting, LLC, and Senior Advisor, Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. 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 48 years, working 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).
In this webinar, industry veteran Jim Zack will discuss impact damages and what they may include. You will gain a better understanding of impact damages and the issues surrounding this form of damages. This webinar will also explore 10 types of impact damage claims. For each of the 10 types of impact damage claims, Jim will identify and discuss one or more potential defenses owners may employ to analyze and resolve impact damage issues.
This webinar will explore the following types of impact damages associated with various construction claims:
- Bidding claims
- RFIs – the paper war
- Lost productivity/lost efficiency impacts
- Delay impacts
- Inspection claims
- Subcontractor impacts
- Lost revenue impacts
- Labor impacts
- Generic claims
- Total cost claims
Course Level - Intermediate and Advanced
Who Should Attend
- Owner & 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
This webinar identifies legitimate impact damages and some “claim games” centering on impact damages – how to identify these and how to defend against them. Attendees will become familiar with some suggested defenses against such games – some of which require contract language while others are more pragmatic. The intent of the session is to advise project participants on how to resolve impact damages on the site and not in the courtroom.
You will become fully conversant with the ins and outs of impact damages, and how to prepare legitimate impact damage claims; how to analyze such claims; and how to resolve such claims. This unique session will deal with this very specialized form of claim damages in a practical manner.
Most owners and contractors are aware of different types of claims – change, differing site conditions, suspension of work, acceleration, and termination claims. While most are aware of the direct costs associated with these claims, many are not familiar with the concept of impact damages and how these damages are additive to the direct and the delay costs arising from claims.