Time Extension Requests – What Does A Contractor Have To Prove?
Patrick M. Kelly, P.E., PSP
Patrick has more than twenty years’ experience related to construction, construction management, contracting, and project controls. In his career, Patrick has been a Navy Civil Engineer Corps Officer, a contract & construction manager, a scheduler & project controls manager, and a construction claims analyst. Patrick is an expert in project controls, Critical Path Method scheduling, earned value analysis, and forensic schedule analysis for delay and disruption. He has extensive experience in transportation & infrastructure, shipbuilding and ship repair, hotels and condominiums, and government and public facilities. Patrick has worked for both contractors and owners, internationally and within the U.S. on both small projects as well as projects with values in billions of dollars. Patrick is well-published and lectures frequently on topics including construction management, project controls best practices, and forensic schedule analysis. He is a professional engineer and is certified as a Planning and Scheduling Professional. He has qualified and testified as an expert on CPM scheduling and forensic delay analysis in the U.S. and internationally.
James G. Zack, Jr., CCM, CFCC, FAACE, FRICS, FGPC, PMP
James Zack is the Senior Advisor, Ankura Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was the founder, former Senior Advisor and Executive Director, Navigant Construction Forum™. Previously, Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne and Executive Director, PinnacleOne Institute; and Senior Construction Claims Consultant, CH2M HILL, Inc. With 47 years’ experience, he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE, RICS and the 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 and internationally known author and speaker on construction claims.
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.
This webinar identifies what contractors have to address and demonstrate when they request time extensions from owners. The webinar is based on a number of Federal Court decisions that have dealt with this issue.
- 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 has to 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
Course Level - Intermediate
Who Should Attend
- Owners and their representatives
- Construction Managers
- Design Professionals providing services during construction
Why Should You Attend
- In this webinar, you’ll learn when a contractor is entitled to compensable delay and under what circumstances
- You’ll also learn the rules concerning the burden of proof concerning delay and what must be proven in order 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