Construction Claims & Disputes – An Overview

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.

This webinar discusses the 11 basic types of construction claims included in most standard contracts used throughout the U.S. – AIA, Consensus DOCS, EJCDC, etc.  The webinar outlines the entitlement and causation elements of each type of claim that the claimant must demonstrate to justify their right to prevail.  The webinar highlights the following types of construction claims – claims for directed changes; constructive changes; differing site conditions; directed suspensions of work; constructive suspensions; force majeure events; delays; accelerations; constructive accelerations; terminations for convenience; and terminations for default.  The webinar also identifies several types of owner claims against contractors and the elements of the burden of proof required of all claimants.  The basic requirements concerning damages are covered.  A discussion of claims under various project delivery methods and a summary of an accepted claims preparation and analysis methodology are included in this webinar.  The webinar will conclude with an outline of various dispute resolution methodologies.

Webinar Objectives


  • Discuss the “universe of construction claims”.
  • Demonstrate how the basic three-part test of a claim (entitlement, causation, and damages) applies to each type of claim.
  • Educate attendees on how to prepare and present or analyze and settle or defend against construction claims.

Webinar Agenda


  • Introduction
  • Changes & variations
  • Contractor claims vs owners
    • Common causes of claims
    • Burden of proof
    • Universe of construction claims
      • Directed change claims
      • Constructive changes
      • Differing site conditions
      • Directed suspensions of work
      • Constructive suspensions of work
      • Force majeure
      • Delays
      • Directed acceleration
      • Constructive acceleration
      • Termination for convenience
      • Termination for default
  • Owner claim vs contractors
  • Damages
    • Direct costs
    • Indirect costs
    • Delay costs
    • Impact costs
    • Other contractor damages
    • Owner delay costs
  • Claims & project delivery methods
  • Claims preparation & analysis
  • Dispute resolution methodologies
  • Dispute resolution staircase
  • Conclusion
  • Questions & discussion

Webinar Highlights


By participating in this webinar attendees will -

  • Recognize that all parties to a construction contract must anticipate changes and claims.
  • Understand the burden of proof requirement all claimants (both owners and contractors) must meet.
  • Be exposed to the fundamentals of contracts and claims.
  • Learn how contractors and owners must deal with construction claims situations and events.

Who Should Attend


  • Owners
  • Contractors 
  • Construction Executives
  • Subcontractors
  • Design professionals 
  • Construction managers
To access this webinar, kindly reach out to our customer support team at support@complianceducator.com.

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