JAMES G. ZACK
James Zack is the Senior Advisor and former Executive Director, Navigant Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne; and Senior Construction Claims Consultant, CH2M HILL, Inc. With 45 years’ experience, he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE and RICS and a Fellow of Forensic Analysis from the International Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager, and a Project Management Professional as well as a nationally known author and speaker on construction claims.
Mediation is not new. Mediation was employed in ancient India as well as in the Islamic world. In more recent times mediation has been widely adopted in the U.S. construction industry as a form of Alternative Dispute Resolution (ADR). Mediation is often employed when construction claims negotiations fail to reach a resolution in lieu of arbitration or litigation. The webinar discusses mediation as a process..
When contractors encounter owner-caused (excusable/compensable) delays they are typically entitled under the contract to recover both the time resulting from the delay as well as delay damages. Idled equipment/labor and material escalation costs are easily calculated in such situations. Typically, contractors also seek to recover their delay costs (extended field office overhead or general conditions costs)..
Much has been written over the years about proving and pricing contractor claims on construction projects. But little has been published about or presented on subcontractor delay claims. Do subcontractors have the same rights and remedies as the prime contractor? Are they held to the same standards? What are their legal rights? Do owners owe time extensions for subcontractor delays? Are prime contractors at..
This webinar discusses the genesis of RFIs, their development in the industry and frequent common use. The webinar discusses the impact of RFIs on construction projects, drawing upon data provided by a global construction software provider and other studies to assess how RFIs and the RFI process impact both small and large scale construction projects. The webinar addresses the abuse of the RFI process exami..
Rework in the construction industry is frequent and well known. It is a drain on productivity, profitability, and timeliness of project delivery for both contractors and owners. Additionally, the need for rework can have spinoff or downstream impacts for all project stakeholders. The causes of rework are, likewise, very well known: design and construction changes; errors and omissions; project enhancements;..
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 ..
When an owner issue a suspends work directive is the contractor entitled to recover delay and delay damages. This session examines what damages are typically owed when work is suspended and some limitations of suspension damages. Five court cases setting forth key requirements necessary to collect damages are discussed. Recommendations on what actions contractors should take when work is suspended are provi..