Time Extension Requests: What must a Contractor Prove?

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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90 Mins
James G. Zack, Jr.

Learn When a Contractor is Entitled to Compensable Delay and Under what Circumstances

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 Construction Managers (CM’s) at risk are required to analyze, prepare, justify, and submit time extension requests on their own behalf and/or on behalf of their subcontractors.

This webinar by industry expert James G. Zack, Jr, will help the audience identify the tests that have been set forth by the U.S. Federal Courts to justify both excusable and compensable delay time extension requests. James will discuss how these rules are applied, whether submitting or analyzing a time extension request. He also discusses the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Finally, James 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.

Webinar Objectives

  • Be exposed to recent court cases concerning time extension requests.
  • 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 must prove and allocate 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.

Webinar Agenda

  • Introduction
  • Types of Delay
  • George Sollitt Construction Company v U.S. Case
  • Compensable Delay Issues
  • Excusable/on-Compensable Delay Issues
  • Recent Development Concerning Delay Claims
  • Checklists For Time Extension Claims
  • Questions & Discussion

Webinar Highlights

After attending this information-packed webinar, attendees will

  • Learn when a contractor is entitled to compensable delay and under what circumstances.
  • Learn the rules concerning the burden of proof concerning delay and what must be proven to justify time extensions – both excusable and compensable.
  • Know about several common misconceptions concerning the concurrent delay and who has the burden of proof concerning the concurrent delay.
  • Understand when a contractor is not required to justify field and home office overhead costs once a compensable delay has been proven.
  • Learn from 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.

Who Should Attend

  • Owners & Contractor Project Managers
  • Resident Engineers & Architects
  • Agency Construction Managers
  • Construction Managers
  • Design Managers
  • Legal Counsel representing project participants
Event Registration
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