Concurrent Delay – Still A "Get Out Of Jail Free" Card?

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.

The concurrent delay was until recently an end-of-the-job defense for owners and contractors.  Owners typically used the concurrent delay argument to escape paying for the compensable delay.  Contractors, on the other hand frequently use the concurrent delay to get out from under liquidated damage assessment.  When owners impose liquidated damages at the end of a delayed project contractors often respond with allegations of concurrent delay.  That is, contractors argue that some or all the project delay was actually caused either by the owner or an external force, concurrent with the contractor’s delays, and therefore liquidated damages should be forgiven or excused.  As owners generally do not impose liquidated damages until the end of the project, frequently a contractor’s claim of concurrent delay is not submitted until the project is complete.  This webinar explores mechanisms, based on recent court rulings that owners employ to defeat a contractor’s “concurrent delay defense”.  This webinar will focus on what contractors must do to maintain their ability to use the concurrent argument at the end of the project.

Webinar Objectives

After attending this webinar attendees will have a better understanding of the issues concerning the pricing of contractor delay damages. Contractors will gain knowledge about the various methods of calculating extended field office overhead costs. Owners will learn some contractual methods for predetermining this element of delay costs in order to prevent the need for end-of-the-job audits or disputes over such costs.

Webinar Agenda

  • Introduction
  • What is the concurrent delay?
  • The concurrent delay test
  • Background
  • The doctrine of concurrent delay
  • Why is concurrent delay important in the U.S.?
  • How is concurrent delay handled in the UK?
  • Concurrent delay under UK & FIDIC contracts
  • Liquidated damages
  • When do contractors assert concurrent delay?
  • Owner’s newest defenses
  • Recent court cases on concurrent delay
    • M. Maropakis Carpentry v US
    • Opinski Construction v City of Oakdale
    • George Sollitt Construction v US
    • Abhe & Svoboda v Michigan DOT
  • Defenses & practical tips for owners
  • Practical tips for contractors
  • Conclusion
  • Questions & discussion

Webinar Highlights

This information-packed webinar will help you:

  • Define the term concurrent delay
  • Understand the background of today’s concurrent delay doctrine in U.S. law
  • Learn about the traditional concurrent delay defense common in the industry
  • Be aware of two recent court cases – one Federal and the other two State – that provide owners some new defenses against the concurrent delay defense
  • Receive practical advice for both owners and contractors when dealing with the issue of concurrent delay and liquidated damages

Who Should Attend

  • Owners
  • Contractors 
  • Construction Executives
  • Subcontractors
  • Design professionals 
  • Construction managers
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