The most expensive construction lawsuits do not involve disputes over pricing change orders. They do not even involve construction defects. The lawsuits where you will spend the most money on attorneys and experts involve project delay. Claims involving delay typically require the attorneys and experts to re-create the events on the project from the notice to proceed to the date of final completion. And with damages that can easily exceed $50,000 per day of delay, the claims can be very expensive.
But these claims can be avoided, limited (or if necessary, won) by improved understanding of what causes these claims, improved contract provisions, and improved documentation. This seminar, directed towards contractors, construction managers, and owners, offers expert and practical suggestions for dealing with these most expensive, and dangerous disputes.
8:30 a.m. - 9:40 a.m.
I. The Potential Costs Of Project
A. The Owner's Costs
1. The Potentially Terrifying Costs Of Actual Damages For Late Completion
2. The Less Terrifying Alternate Of Liquidate Damages
B. The Contractor's Costs
1. Extended Field Overhead
2. Extended Home Office Overhead
3. Price Escalation
4. Idle Equipment Costs
5. Reduced Productivity
7. Lost Profits
8. Attorneys Fees And Claims Preparation Costs
9. Non-Recoverable Delay Damages
C. The Subcontractor's Costs
9:40 a.m. - 9:50 a.m.
9:50 a.m. - 11:00 a.m.
II. Types Of Delay
A. Three Kinds Of Delay
1. Compensable Delay
2. Excusable Delay
3. Non-Excusable Delay
B. Critical And Non Critical Delays
1. The Critical Path
2. The Critical Path Schedule
C. Concurrent Delay
1. When Are Delays Concurrent?
2. What Is The Legal Effect Of Concurrent Delay?
11:00 a.m. - 12:15 p.m.
III. Contract Terms That Can Change
A. Time Of Performance
1. Commencement Of Contract Time
2. Completion Of Contract
B. Grounds For Extension Of Time
1. Owner Caused Delay
3. Strikes And Labor Disruption
4. Acts Of God
5. Causes Beyond The Contractor's Control
C. No Damage For Delay Clauses
1. General Rule On Private Projects
2. General Rule On Public Jobs
3. Exceptions To The Rules
D. Waiver Of Consequential Damage Clauses
E. Scheduling Requirements
F. Notice Provisions
1. Time Of Notice
2. Procedures For Notice
3. Escaping Failure To Comply With Notice Requirements
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:20 p.m.
IV. Proving Who's Responsible For
A. Bar Charts And Critical Path Diagrams
B. Schedule Updates
C. Forward Looking And Backward Looking Analyses
D. Advanced Techniques In Schedule Manipulation
2:20 p.m. - 3:20 p.m.
V. Good Project Management
Techniques And Tactics
A. For The Owner
B. For The Contractor
C. For The Subcontractor
3:20 p.m. - 3:30 p.m.
3:30 p.m. - 4:30 p.m.
VI. Advanced Delay Issues
A. Contractors 'Right' To Early Completion
B. Claims Of Constructive Acceleration
C. Duty To Re-Sequence And Mitigate Delay
D. Delay In Processing RFI's And Submittals