Concurrent Delay - Is It Still A "Get Out of Jail Free" Card?
Jim is the Principal, James Zack Consulting, LLC. Formerly Executive Director of the Ankura Construction Forum™ and prior to this, the founder, and Executive Director of the Navigant Construction Forum™. Earlier, Jim was the Executive Director, Corporate Claims Management Group, Fluor Corporation. Previously he was Vice President of PinnacleOne and Executive Director of the PinnacleOne Institute and prior to this a Senior Construction Claims Consultant for CH2M HILL. For more than 48 years, he has worked on both private and public projects in 36 States in the U.S. and 39 countries abroad. He is a Fellow of AACE, the Royal Institution of Chartered Surveyors, the Guild of Project Controls, and the Society of Construction Claims Specialists. In the construction claims field, he is a recognized and published expert in mitigation, analysis, and resolution or defense of construction claims and disputes. He is a Certified Construction Manager, a Certified Forensic Claims Consultant, an Expert Certified Construction Claims Specialist, an Expert Certified Construction Delay Analyst, and a Project Management Professional.
When owners impose liquidated damages at the end of a delayed project contractors often respond with allegations of concurrent delay. That is, contractors argue that some or all, of the project delay, was caused either by the owner or an external force, concurrent with the contractor’s delays, and therefore liquidated damages should be forgiven or excused. As owners generally do not impose liquidated damages until the end of the project, frequently a contractor’s claim of concurrent delay is not submitted until the project is complete. This webinar explores mechanisms, based on recent court rulings that owners employ to protect against a contractor’s “concurrent delay defense”.
The issue of concurrent delay frequently causes disagreements on construction sites. This issue most likely arises from the fact that owners and contractors do not have a robust understanding of the issue and frequently do not understand their responsibilities related to this issue. This webinar is intended to fill this knowledge gap for both owners and contractors.
- What is the concurrent delay?
- How did the law of concurrent delay develop?
- Why is concurrent delay important to both owners and contractors?
- When is concurrent delay typically asserted on projects?
- Discover some recent court cases concerning concurrent delay that will be of interest to both owners and contractors
- Offer practical tips to owners who utilize liquidated damages clauses
- Offer practical tips to contractors seeking to preserve their right to use the concurrent delay as a defense
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
- Learn what concurrent delay is?
- Understand the history of today’s concurrent delay doctrine in U.S. law
- Learn about the “concurrent delay defense” against the imposition of late completion damages common in the construction industry
- Understand how two recent court cases give direction to owner defenses against the concurrent delay defense
- Be exposed to some practical advice for both owners and contractors when dealing with the issue of concurrent delay
- Owners will gain insight into the issue of the contractor’s obligation to mitigate damages in the event of owner caused delay