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:
Register now and learn how to defend against concurrent delay allegations and get practical advice to deal with the issues of concurrent delay.
James 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 Co... More info
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) s... More info