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Concurrent Delay - The Owner's Newest Defense (CCL2302)

(*) Single User Price. For multiple users please call 1-800-223-8720
Pre Recorded Webinar
90 minutes
  •  Wed, February 27, 2013
Event Description

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 of 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.

Properly assessing concurrent delay and comprehensively understanding today's concurrent delay doctrine in U.S. law can be one of the most difficult challenges while resolving delay claims.

The audio conference Concurrent Delay - The Owner's Newest Defense by James G. Zack, Jr., & Emily Federico explores mechanisms, based on recent court rulings that owners employ to defeat a contractor's "concurrent delay defense".

Here is a taste of important topics to be covered in the presentation:

  • The term concurrent delay
  • The genesis of the Concurrent Delay Doctrine in U.S. law
  • Why concurrent delay is important to both owners and contractors
  • When most concurrent delay assertions are made on typical projects
  • Discuss the owners newest defense against concurrent delay assertions under
  • M. Maropakis Carpentry v. U.S.
  • Opinski Construction v. City of Oakdale
  • Summarize the impact of Maropakis & Opinski decisions
  • Practical tips for owners who use liquidated damages clauses
  • Useful tips for contactors seeking to preserve their rights to concurrent delay issues

Register now and learn how to defend against concurrent delay allegations and get practical advice to deal with the issues of concurrent delay.

About Our Speaker(s)

James G. Zack Jr. | Construction Claims Management SpeakerJames G. Zack Jr.
James G. Zack Jr. is the Executive Director of the Navigant Construction Forum – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, Executive Director, Corporate Claims Management for Fluor Corporatio... More info


Emily Federico | Construction Damage Analysis SpeakerEmily Federico
Emily Federico is an Associate Director in the Fairfield, CT office of Navigant Consulting, Inc.  Ms. Federico’s experience includes the preparation and analysis of various schedule delay, acceleration, loss of productivity and cost overruns claims.  Tasks performed included Critical Path Method (CPM) schedule deve... More info

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    Event Title: Concurrent Delay - The Owner's Newest Defense
    Presenter(s): James G. Zack Jr., Emily Federico Protection Status