Early Completion Schedules – Benefits, Risks & Defenses

James G. Zack, Jr.

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...
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Pre-recorded
90 Mins
James G. Zack, Jr.

Early Completion Schedules – Benefits, Risks & Defenses

A contractor’s right to complete work early was acknowledged by U.S. Courts in the 1960s. Delayed early completion claims arose shortly thereafter and became somewhat common in the industry. It was then, and remains now, a controversial issue in the construction industry with many project owners refusing to accept early completion baseline schedules. Others crafted contractual mechanisms to defeat such claims. The purpose of this webinar is to set forth the background concerning a contractor’s right to complete work early and examine the contractor’s right to seek an equitable adjustment should their early completion be delayed by the action of the owner. The webinars identified the potential benefits and risks for both owners and contractors. Additionally, this webinar provides a brief overview of several different ways owners can defend against claims oriented early completion schedules.

Webinar Objectives


  • Understand the background of the contractor’s right to complete work earlier than required under the contract.
  • Gain information on what is an early completion schedule and why some contractors use them on projects. 
  • Learn how to review early completion schedules and determine if they are legitimate schedules or claims oriented schedules.
  • Learn about early completion delay claims and what contractors must prove to recover damages.
  • Gain information about the contractor’s perceived advantages for creating and submitting an early completion schedule. 
  • Discover 12 ways for an owner to avoid claims oriented early completion schedules.

Webinar Agenda


  • Introduction
  • Right to Plan Early Completion
  • What Is An Early Completion Schedule?
  • How Are Early Completion Schedules Constructed?
  • Legal Right to Complete Work Early
  • Contractors Required to Reveal Early Completion?
  • Recent Cases Concerning Early Completion Schedules
  • Pros & Cons of Early Completion Schedules
  • Contractor Advantages With Claim Oriented Early Completion Schedules
  • Owner Risks in Accepting / Rejecting Early Completion Schedules
  • Owner Defenses vs Phony Early Completion Schedules
    • Prebid Construction Scheduling
    • Exclude Early Completion Schedules
    • Interim Milestone Dates
    • Specify Submittal Response Time
    • Specify OFCI Availability Dates
    • Joint Ownership of Float Clause
    • Non-Sequestering of Float Clause
    • Limited Form of “No Damages for Delay” Clause
    • Commissioning Time
    • Change Time of Performance
    • Employ Qualified Planning & Scheduling Staff
    • Thorough Project Activity Documentation System
    • Staff Training
  • Conclusion
  • Questions & Answers

Webinar Highlights


  • Learn about the two forms of early completion schedules common on construction sites.
  • Understand how and why early completion schedules are constructed.
  • Explore the issue of whether a contractor is obligated to inform an owner of their planned early completion.
  • Review some recent U.S. court decisions concerning early completion schedules.
  • Be exposed to the pros and cons of having an early completion schedule on your project.

Who Should Attend


  • Owners and owner representatives managing capital improvement projects.
  • Contractor executives, project managers, project sponsors, and project control personnel.
  • Construction managers and design professionals performing services during construction.
  • Attorneys representing owners, contractors, construction managers & design professionals performing services during construction.
To access this webinar, kindly reach out to our customer support team at support@complianceducator.com.

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