Proving and Pricing Subcontractor Delay Claims

Why Should You Attend:

Much has been written over the years about proving and pricing contractor claims on construction projects. But little has been published about subcontractor delay claims. Do subcontractors have the same rights and remedies as the prime contractor? Are they held to the same standards? What are their legal rights? Do owners owe time extensions for subcontractor delays? Are prime contractors at risk when they “pass through” a subcontractor’s delay claim to an owner? Are subcontractors at risk when a prime contractor opts not to sponsor their delay claim to the owner? This paper examines issues concerning subcontractor delay claims.

After attending this webinar you will have a better understanding of the issues, risks and challenges concerning subcontractor delay and impact claims. As a result legal disputes concerning such claims at the end of the project may be avoided.

Learning Objectives:

• Learn the value of pre-planning activities to avoid causing delay and impact to subcontractors.
• As a General Contractor, learn about the arguments subcontractors can use to pursue delay and impact claims.
• Become knowledgeable about the risks of sponsoring subcontractor delay claims to owners.
• Subcontractors will learn the elements of proof necessary to successfully prosecute a delay and impact claim against a General Contractor.
• Owners will gain insight into analysis of and /or defense against subcontractor delay claims passed through by their General Contractors.

Areas Covered in the Webinar:

• Typical causes of subcontractor delay and impact claims.
• Contractual issues surrounding subcontractor delay claims.
• Practical problems concerning subcontractor delay claims from the project owner’s viewpoint.
• Problems facing the General Contractors when faced with the request to pass through subcontractor delay claims to owners.
• Damages that may flow from subcontractor delay claims and the recoverability of such damages.
• Theories of recovery a subcontractor can employ when pursuing a delay claim against the General Contractor.

Who Will Benefit:

• Subcontractors
• General Contractors
• Owner representatives
• Design professionals
• Construction managers
• Attorneys

Jim Zack
Senior Advisor, Ankura Construction Forum

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 Construction Forum™. Formerly he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Prior to this Jim was Vice President of PinnacleOne and Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. He has, for 46 years, worked on both private and public projects throughout the U.S. and in 28 countries abroad. Jim has worked for both contractors and owners on more than 5,000 claims in his career. He a Fellow of AACE International, the Royal Institution of Chartered Surveyors and the International Guild of Project Controls. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. Jim is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), and a Project Management Professional (PMP).

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