Work Suspended – What Damages Are Recoverable?
James G. Zack, Jr.
Jim is the Principal, James Zack Consulting, LLC, and Senior Advisor, Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly he was the Executive Director of the Navigant Construction Forum™ and earlier, the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for more than 48 years, working on both private and public projects throughout the U.S. and in 39 countries abroad. Mr. Zack is a Fellow of AACE, the Royal Institution of Chartered Surveyors, the Guild of Project Controls, and the Society of Construction Claims Specialists International. In the construction claims field, he is a recognized and published expert in mitigation, analysis, and resolution or defense of construction claims and disputes. Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), an Expert Certified Construction Claims Specialist (ECCCS), an Expert Certified Construction Delay Analyst (ECCDA), and a Project Management Professional (PMP).
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 provided and why these actions may help owners resolve such claims in the field rather than the courtroom.
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.
- 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 and 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
- How contractors protect their rights to recover suspension of work damages