Time Extension Requests – What Does A Contractor Have To Prove?
|Date||:||4th June 2019|
|Time||:||10:00 AM PST | 01:00 PM EST|
All construction professionals, whether a contractor, an owner, a design professional, or a construction manager, 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 time extension requests submitted by contractors. Contractors and CM's at Risk is required to analyze, prepare, justify and submit time extension requests on their own behalf and/or on behalf of their subcontractors. This Time Extension Requests presentation identifies the tests that have been set forth by the U.S. Federal Courts to justify both excusable and compensable delay time extension requests.
This Time Extension Requests presentation discusses how these rules are applied, whether submitting or analyzing a time extension request. This Time Extension Requests presentation also discusses the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Finally, the presentation 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.
Why Should You Attend:
The objective of this webinar is to provide information to the attendees concerning the "rules of the game" concerning time extension requests. Regardless of whether attendees are owners (or their representatives) or contractors what the webinar strives for is a better understanding of how to prepare or analyze a meritorious time extension request. If both sides follow the information presented it is more likely that time extension requests and delay claims can be resolved in the field, not in the courtroom.
Attendees at this webinar will:
- Learn the rules concerning Time Extension Requests
- Understand arguments about waiver and apportionment of liquidated damages
- Become knowledgeable about concurrent delay issues and who must deal with the issue of concurrent delay
- Understand when an owner's liability for the delay is limited or obviated entirely
- Become more knowledgeable about the use of CPM schedules when pursuing or defending against time extension requests and
- Learn new rules about when concurrent delay can and cannot be used to eliminate liquidated damages
Areas Covered in the Session:
- You will learn when contractors are entitled to compensable delay and under what circumstances
- You will also learn the rules concerning the burden of proof concerning delay and what must be proven in order to justify time extensions – both excusable and compensable delays
- You will be exposed to some common misconceptions concerning concurrent delay and who has the burden of proof concerning a concurrent delay
- You will understand how concurrent delay must be dealt with when a compensable delay is requested
- You may be surprised to learn when a contractor is not required to justify field and home office overhead costs once a compensable delay has been proven
- Finally, you will be exposed to two recent court cases, one Federal and the other a State case, that may change the rules of the game concerning the use of concurrent delay as a defense against owner-imposed liquidated damages
Who Will Benefit:
- Design Professionals providing services during construction
- Construction Managers
James Zack is the Senior Advisor, founder, and former Executive Director, Navigant Construction Forum – the construction industry's global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Previously, Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne and Executive Director, PinnacleOne Institute; and Senior Construction Claims Consultant, CH2M HILL, Inc.
James Zack with 46 years experience, he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE and RICS and the International Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager, and a Project Management Professional as well as a nationally and internationally known author and speaker on construction claims.