This full-day course is designed for contractors, subcontractors, construction managers and project managers and attorneys involved in public and private sector construction contracts. The course will give everyone who attends a complete understanding of the delay claims process and the acceptable basis of recovery.
• How To Recover Compensation For Delay
• The Legal Basis For Recovery
• How To Maximize Recovery
• Extension Of Time
• Components Of Damage
• New Strict Claim Notices And Documentation Requirements – Preserve Your Rights!
• Scheduling Analysis, Once Cutting Edge, Now A Basic Requirement – Learn How To Use It To Your Advantage
8:30 a.m. - 9:50 a.m.
I. It All Starts With The Contract
A. “The Clause” – Article 13 – New York City’s Standard Contract
B. Alternative Clauses
9:50 a.m. - 10:50 a.m.
II. The Landmark Cases
A. Kalisch-Jarcho, Inc. v. City Of New York, 58 N.Y.2d 377 (1983)
B. Corrino Civetta Construction Corp. v. New York, 67 N.Y. 2d 297 (1986)
C. The Four “Exceptions”
10:50 a.m. - 11:00 a.m.
11:00 a.m. - 11:15 a.m.
III. “Damages For Delay” Legislation
A. 1998 Bill – Passed Both Houses Overwhelmingly; Vetoed By Governor Pataki
B. Current (2003) Damages For Delay Bill
11:15 a.m. - 11:30 a.m.
IV. Extension Of Time (E.O.T.) Process
11:30 a.m. - 12:00 p.m.
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:30 p.m.
VI. The Claim
A. Notice Provisions Under The New York City Contract
B. Documentation Provisions Under The New York City Contract
1:30 p.m. - 2:00 p.m.
VII. Damage Analysis
2:00 p.m. - 2:45 p.m.
VIII. Components Of A Damage Claim
A. Contract Balances Due
B. Direct Costs
C. Indirect Costs
2:45 p.m. - 3:00 p.m.
IX. Liquidated Damages – The Flip Side
3:00 p.m. - 3:10 p.m.
3:10 p.m. - 4:30 p.m.
X. Proving Damages For Delay
A. Basic Techniques – The More “Event Specific” The Better
B. Scheduling Analysis