Time Extension Requests – What Must A Contractor Prove?
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.
Whether a contractor, an owner, a design professional, or a construction manager, all construction professionals must learn how to prepare, analyze and justify time extension requests. Owners and their representatives are tasked with the responsibility of receiving, analyzing, and recommending a course of action and deciding on all-time extension requests submitted by contractors. Contractors and CM’s@Risk are required to analyze, prepare, justify, and submit time extension requests on their own behalf and/or on behalf of their subcontractors. This presentation identifies the tests that have been set forth by the U.S. Federal Courts to justify both excusable and compensable delay time extension requests. The presentation discusses how these rules are applied, whether submitting or analyzing a time extension request. The presentation also discusses the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Finally, the presentation highlights two new court rulings which may be “game changers” concerning delays, time extension requests, and the use of concurrent delay as a defense against liquidated damages.
Delay is one of the most common problems on a construction project. It is also one of the most difficult issues to resolve. There are several types of delay, each of which results in a different determination of who receives the time extension and who collects or pays delay damages. This unique webinar focuses not on how to perform delay analysis but rather on what courts demand from claimants when asserting or analyzing time extension requests both excusable compensable and excusable non-compensable delay. It also deals at some length with the issue of concurrent delay and who bears the burden of proving and dealing with concurrent delay when submitting a compensable delay claim.
- In this webinar, you will learn when a contractor is entitled to compensable delay and under what circumstances
- You will also learn the rules concerning the burden of proof concerning delay and what must be proven to justify time extensions both excusable and compensable
- This webinar reveals several common misconceptions concerning concurrent delay and who has the burden of proof concerning concurrent delay
- The webinar discusses when a contractor is not required to justify field and home office overhead costs once a compensable delay has been proven
- Finally, the webinar discusses two recent court cases, one Federal and the other State, that may change the rules of the game concerning the use of concurrent delay as a defense against owner imposed liquidated damages
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
- Learn the rules concerning time extension requests
- Understand the arguments about waiver and apportionment of liquidated damages
- Become knowledgeable about concurrent delay issues and who must prove the concurrent delay
- Understand when an owner’s liability for delay is limited or obviated
- Become more knowledgeable about the use of CPM schedules when pursuing or defending against time extension requests
- Learn some new rules about when concurrent delay can and cannot be used to eliminate liquidated damages