Available for on-site presentation only at this time.
This presentation will provide a legal analysis of the exclusion of any right to delay damages, pre-agreement (i.e. liquidation) of such damages, the procedural requirements for protecting and asserting such a damage claim, the impact of concurrent delays, ‘construction acceleration' and the qualification of loss of profit and overhead recovery.
The seminar will provide both basic guidance suitable to contract industry personnel and sufficient case law authority to make the materials equally beneficial to legal counsel responsible for the presentation of or defence of construction delay claims.
- The presentation will follow a logical flow from:
- contractual terminology designed to exclude or limit exposure to damages for delay, then to
- agreements in advance as to the financial implications of any delay (i.e. 'liquidation of damages'), then to
- contract language governing the procedural requirements for the assertion of delay claims, then to
- specialized situations where multiple causes of delay are present, then to
- the pace of the scheduled work must be artificially accelerated at additional cost in order to meet deadlines or minimize delay, and finally to
- the ultimate issue of the quantification of loss inclusive of profit and overhead items.
- The attendee will be able to understand the types of contract disclaimer language that will likely either successfully preclude, or alternatively, be insufficient to preclude delay claims.
- The attendee will be able to understand which form of clauses stipulating damages for delay will be binding and which overridden as unenforceably penal in nature.
- The attendee will be able to understand what steps required to give notice and proof of loss can constitute fatal stumbling blocks if not adequately handled.
- The attendee will be able to understand what types of loss can be recovered by various parties (e.g., owners, contractors, subcontractors and consultants) in consequence of different types of construction delays.
- The attendee will be able to understand when concurrent delays from different causes attributable to various parties (e.g. owners, contractors, subcontractors and consultants) will or will not prevent the recovery of damages for delay.
9:00 a.m. - 10:00 a.m.
I. Exclusion Of Recovery Of Damages For Delay (And Related Questions)
A. 'Killer' Clauses In Construction And Consulting Contracts
B. Escaping The Linguistic Barriers Of Disclaimers
C. Who is And Who Is Not Bound By Contractual Disclaimers?
10:00 a.m. - 11:00 a.m.
II. Liquidated Damages (And Related Questions)
A. When Do 'Stipulated Damages' Clauses Bind The Parties?
B. How To Succeed In Invalidating 'Liquidated Damages' Provisions
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:30 p.m.
III. Contract Provisions And Notice Requirements (And Related Questions)
A. When Does Failure To Comply With Procedural requirements Invalidate A Delay Claim?
B. How Can 'Notice' Deficiencies Be Overcome?.
12:30 p.m. - 1:30 p.m.
Lunch (On Your Own)
1:30 p.m. - 2:15 p.m.
IV. Evaluating Concurrent Delay (And Related Questions)
A. The Proof Of Causation
B. What Happens When Delay Results From Multiple Causes?
2:15 p.m. - 3:00 p.m.
V. Constructive Acceleration (And Related Questions)
A. Who Bears The Cost Of Expediting Completion?
B. What Are The Prerequisites For An Acceleration Claim?
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:00 p.m.
VI. Delay Damages Including Loss Of Overhead And Profit (And Related
A. Discussion Of Types Of Recovery ('Heads Of Damage')
4:00 p.m. - 4:30 p.m.
VII. Final Question Period On Last And Earlier Topics