Early Warning Signs of Construction Claims & Disputes

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.

It is axiomatic that claims and disputes on a project do not simply appear out of nowhere. Experience indicates that when a dispute occurs, there is normally a back story or history of events, decisions, lack of decisions, etc. that can be traced back from a few weeks to several years that gave rise to the dispute. It is typically these past events or decisions that are identified later as the “early warning signs” of claims and disputes. Typically, it is only when claims are filed at the end of a project that when attorneys and claims consultants review project documentation and interview the project team that these early warning signs are identified. And, in retrospect, many project team members comment “If only I had recognized that then!” Research reveals there is little literature setting forth a detailed list of early warning signs of pending construction claims and disputes. Based on experience these early warning signs are collated into the typical phases of a project including:

  • Bid or Proposal Phase
  • Initial Contract Phase
  • Construction Phase

This webinar also identifies which party should watch for which early warning sign and what sort of claim or dispute may arise.

Webinar Objectives

  • This webinar provides a lengthy list of early warning signs of claims and disputes.
  • These warning signs are divided into three distinct project phases – Bid or Proposal Phase, Initial Contract Phase and Construction Phase.
  • The webinar also identifies which party should watch for which warning sign.
  • The webinar discusses what sort of claim or dispute is likely to arise from which warning sign.
  • Finally, the webinar identifies what actions owners and contractors can take, when some of these warning signs are observed, to resolve such potential claim situations and prevent or resolve disputes.

Webinar Agenda

Course outline:

  • Introduction
  • Early Warning Signs – Bid & Proposal Stage
    • Early warning signs for owners
    • Early warning signs for contractors
  • Early Warning Signs – Early Construction Phase
    • Early warning signs for owners
    • Early warning signs for contractors
  • Early Warning Signs – Construction Phase
    • Early warning signs for owners
      • Scheduling
      • Change issues.
      • Project management issues
      • Field issues
    • Early warning signs for contractors
      • Scheduling
      • Change issues.
      • Project management issues
      • Field issues
  • Conclusion

Webinar Highlights

  • Learn about a large number of early warning signs of claims and disputes that may arise during the bidding phase and what project owners and contractors can do to prevent these issues from becoming claims during construction.
  • Owners and contractors will be exposed to potential claim issues that may arise concerning scheduling, change management and change orders, project management, and field issues. 
  • Both parties will learn what types of claims and disputes can arise from each warning signs identified.
  • And both will be provided information on what can be done to prevent or resolve these claims and avoid legal disputes at the end of the project.

Who Should Attend

  • Owners & Contractor Project Managers
  • Resident Engineers & Architects
  • Agency Construction Managers
  • Construction Managers@Risk
  • Design Managers
  • Legal Counsel representing project participants.
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