Impact Damages – Fact or Fiction

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.

Most owners and contractors are aware of different types of claims – changes, differing site conditions, suspensions of work, acceleration, and termination claims. While most are aware of the direct costs associated with these claims, many are not familiar with the concept of impact damages and how these damages are additive to the direct cost and separate from  delay costs arising from claims. This webinar identifies legitimate impact damages and some “claim games” centring on impact damages – how to identify these and how to defend against them. Attendees will become familiar with some suggested defenses against such games – some of which require contract language while others are more pragmatic. The intent of the session is to advise attendees on how to resolve impact damage claims on the site and not in the courtroom. Attendees will become fully conversant with the ins and outs of impact damages, how to prepare legitimate impact damage claims; how to analyze such claims; and how to resolve such claims.

Webinar Objectives

This unique session will deal with this very specialized form of claim damages in a practical manner. In this session, industry veteran Jim Zack will discuss impact damages and what they may include. Attendees will gain a better understanding of impact damages and the issues surrounding this form of damages. This session will also explore 10 types of impact damage claims. For each of the 10 types of impact damage claims, Jim will identify and discuss one or more potential defenses owners may employ to analyze and resolve impact damage issues.

Webinar Agenda

  • Introduction
  • Cumulative impact – terms, basis of claim, examples
  • When does cumulative impact start?
  • The foreseeability issues.
  • Explore 11 types of impact damage claims
  • Be aware of the defenses against each claim. 
  • Conclusion

Webinar Highlights

This webinar explores the following types of impact damages associated with various construction claims:

  • Bidding claims
  • RFIs – the paper war
  • Lost productivity/lost efficiency impacts
  • Delay impacts
  • Inspection claims
  • Subcontractor impacts
  • Lost revenue impacts
  • Labor impacts
  • Generic claims
  • Total cost claims

Who Should Attend

  • Owner, contractor & subcontractor project managers & estimators
  • Construction superintendents
  • Construction & owner executives 
  • Staff preparing claims.
  • Staff reviewing claims
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