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Time Extension Requests - A Checklist (2015 Edition) (CCL850X)

Presented by: James G. Zack Jr.
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Pre Recorded Webinar
60 minutes
  •  Wed, August 26, 2015
Event Description

Learn About the Tests Set Forth by the U.S. Federal Courts to Justify Both Excusable and Compensable Delay Time Extension Requests

Whether an owner, a design professional, a construction manager or a contractor, all construction professionals must learn how to analyze time extension requests, and prepare as well as justify them. Owners and their representatives are tasked with the responsibility of receiving, analyzing and recommending a course of action and deciding on all time extension requests submitted by contractors. Contractors and Construction Managers at-risk are required to analyze, prepare, justify and submit time extension requests on their own behalf and/or on behalf of their subcontractors.

This webinar by expert speaker James G Zack Jr. identifies the tests that have been set forth by the U.S. Federal Courts to justify both excusable and compensable delay time extension requests. The presentation discusses how these rules are applied, whether while submitting or analyzing a time extension request. It also discusses the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Additionally, the session will highlight two new court rulings which may be "game changers" as they are concerned with time extension requests, delays as well as the use of concurrent delay as a defense against liquidated damages.

Key Takeaways

  • Learn the rules concerning time extension requests
  • Understand the arguments about waiver and apportionment of liquidated damages
  • Become knowledgeable about concurrent delay issues and who has to prove concurrent delay
  • Understand when an owner's liability for delay is limited or obviated
  • Become more knowledgeable about the use of CPM schedules when pursuing or defending against time extension requests
  • Learn some new rules about when concurrent delay can and cannot be used to eliminate liquidated damages

Session Highlights:

  • Learn when an owner may owe compensable delay and under what circumstances.
  • Understand the rules concerning who has the burden of proof concerning delay and what must be proven in order to justify time extensions - both excusable and compensable.
  • Dispel several common misconceptions concerning current delay and who has the burden of proof concerning concurrent delay.
  • Know when a contractor is not required to justify field and home office overhead costs once a compensable delay have been proven.
  • Two recent court cases, one Federal and the other State, which may change the rules of the game concerning the use of concurrent delay as a defense against owner imposed liquidated damages.

Who Should Attend

  • Owners
  • Design professionals providing services during construction
  • Construction managers
  • Contractors
  • Subcontractors
  • Attorneys
About Our Speaker(s)

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: Time Extension Requests - A Checklist (2015 Edition)
    Presenter(s): James G. Zack Jr.

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