Suspend Work – “Remain on Standby” – What Can A Contractor Recover?
James G. Zack, Jr.
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 an owner issues a suspended 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 provided and why these actions may help owners resolve such claims in the field rather than the courtroom.
- Types and causes of suspensions
- Why owners need a suspension clause in contracts
- The operation of Suspension clauses
- Recoverable damages under Suspension clauses
- Limitations on recoverable damages
- Some recent court rulings impacting damage recovery
- Current tests for recovery of suspension damages
- Recommendations for contractors to protect their rights to recover damages
- Recommendations for owners to mitigate suspension damages
Course Level - Intermediate to 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 is a suspension of work
- The types and typical causes of suspensions
- The operation of a suspension clause
- What damages are recoverable, and which are not
- The current tests of damage recovery
- And how contractors protect their rights to recover suspension of work damages
Owners have the contractual right to suspend all or a portion of the work during the construction of a project. When they do so, contractors assume that they are entitled to a time extension and time-related damages. This assumption is not accurate in all cases. This webinar explores the operation of Suspension of Work clauses and sets forth the new rules on damage recovery.