Overview Of Construction Claims And Disputes For Owners And Contractors
  • CODE : JAZA-0044
  • Duration : 90 Minutes
  • Level : Advance
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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 discusses the 11 basic types of construction claims included in most standard contracts used throughout the U.S. – AIA, ConsensusDOCS, 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 types of 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 typical claims 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 & 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 must anticipate changes and claims
  • Be exposed to the fundamentals of contracts and claims
  • Discuss 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 “bulletproof” contract.

  • $149.00

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