Pacing Delay – Is It Really 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.
This webinar is focused on pacing delay, a controversial delay issue in the construction industry. Currently, there is little literature on pacing delay and case law is a bit sparse. Thus, owners and contractors often find themselves at odds with one another over the practical effect of pacing delay in a delay claim situation. The webinar defines the term; identifies what constitutes pacing delay; sets forth the contractor’s legal right to pace an owner caused delay; and addresses the practical impact of a pacing delay, both to the project as well as to a delay claim. This webinar is intended to assist attendees in a better understanding of pacing delay and how the issue may be dealt with by both owners and contractors.
Pacing delay is probably as old as the Pyramid projects. It is, in sum, a delay on the part of one party on a project due to a delay caused or about to be caused by the other party. It is not unusual but is not often explored in scheduling or delay analysis texts. This webinar provided a thorough discussion of the issues involved with pacing from the perspective of both owners and contractors.
- This webinar defines what pacing delay is, typical causation of pacing delay, and gives examples of both owner and contractor pacing delay
- The webinar discusses the contractor’s legal right to pace the owner caused a delay
- The webinar explores the practical impact and risks on projects resulting from pacing delay
- The webinar will also discuss the adverse impact of pacing delay on schedule delay analysis and delay claims asserted by contractors
- The webinar examines the issue of whether time-related damages are recoverable when pacing delay has occurred and potential owner defenses when damages are sought
- The webinar offers some recommendations concerning defenses against pacing delay claims
- Finally, the webinar offers some practice pointers for both owners and contractors when considering pacing delay
Course Level - Intermediate - 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 pacing delay is
- Gain an understanding of when owners and contractors may employ pacing delay
- Understand the impacts and risks involved when pacing delay occurs
- Be provided recommendations, for both owners and contractors, when pacing delay arises to mitigate some of the risks attendant to pacing delay
- Be exposed to practice pointers for both contractors and owners concerning pacing delay