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Concurrent Delay - Is It Really A "Get Out of Jail Free" Card? (CCLN73Z)

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Pre Recorded Webinar
90 minutes
Event Description

How the Concurrent Delay Mechanism Works for Project Owners and Contractors

When owners and contractors battle at the conclusion of a project that has been delayed, owners try to impose liquidated or actual damages, and contractors allege concurrent delay. The contractor’s position in these cases is often that the owner delayed the project at the same time the contractor did, and so some of the damages for late completion are not the contractor’s fault. Concurrent delay claims or arguments are not usually made until after the project is finished, because owners don’t claim damages for late completion until the project ends.

This session by expert speakers Emily Federico and James G. Zack, Jr. will explore the mechanisms of these arguments based on recent court rulings that owners have used to defeat a contractor’s concurrent delay defense. Emily and James will define the term “concurrent delay,” discuss the background of today’s concurrent delay doctrine in U.S. law, explore three recent court cases—two federal and the third state—that provide owners some defenses, and offer practical advice to owners and contractors when dealing with the issue of concurrent delay.

Session Highlights

  • Define the term concurrent delay
  • Discuss the genesis of the concurrent delay doctrine in U.S. law
  • Discuss why concurrent delay is important to both owners and contractors
  • Highlight when most concurrent delay assertions are made on typical projects
  • Discuss the owners’ newest defense against concurrent delay assertions based on two federal court cases and one state court case
  • Summarize the impact of these three recent court decisions
  • Offer practical tips for owners who use liquidated damages clauses
  • Offer practical tips for contractors seeking to preserve their rights to concurrent delay issues
  • Discuss “war stories” about certain projects where concurrent delay is/was an issue

Who Should Attend

  • Owners about to embark on a new project
  • Legal counsel to owners
  • Design professionals and construction managers
  • Contractors involved in projects with liquidated damages clauses
About Our Speaker(s)

Emily Federico | Construction Damage Analysis SpeakerEmily Federico
Emily Federico is an Associate Director in the Fairfield, CT and New York offices 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)... More info


James G. Zack Jr. | Construction Claims Management SpeakerJames G. Zack Jr.
Jim is the Senior Advisor to the recently formed 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. Jim was the founder and Executive Director of the Navigant Constr... More info

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    Event Title: Concurrent Delay - Is It Really A "Get Out of Jail Free" Card?
    Presenter(s): Emily Federico, James G. Zack Jr.

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