Time Extension Requests - A Checklist

Why Should You Attend:

Whether a contractor, an owner, a design professional, a construction manager, or a contractor, all construction professionals must learn how to prepare, analyze, and justify time extension requests. 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 CM’s@Risk are required to analyze, prepare, justify, and submit time extension requests on their own behalf and/or on behalf of their subcontractors.

This presentation 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 submitting or analyzing a time extension request. The presentation also discusses the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Finally, the presentation highlights two new court rulings which may be “game changers” concerning delays, time extension requests and the use of concurrent delay as a defense against liquidated damages.

• Be exposed to recent court cases concerning time extension requests.
• 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 must prove and allocate 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.

Learning Objectives:

• Learn the requirements and tests contractors must meet to obtain either an excusable non-compensable delay or an excusable compensable delay.
• Understand the challenges of dealing with concurrent delay when pursuing a compensable delay.
• Be exposed to current requirements for demonstrating project delay.
• Become aware of some impact damage claims arising from owner caused delay.

Areas Covered in the Webinar:

• In this webinar, attendees will learn when a contractor is entitled to compensable delay and under what circumstances.
• Attendees will also learn the rules concerning the burden of proof concerning delay and what must be proven to justify time extensions – both excusable and compensable.
• This webinar reveals several common misconceptions concerning concurrent delay and who has the burden of proof concerning concurrent delay.
• The webinar discusses when a contractor is not required to justify field and home office overhead costs once a compensable delay have been proven.
• Finally, the webinar discusses two recent court cases, one Federal and the other State, that may change the rules of the game concerning the use of concurrent delay as a defense against owner imposed liquidated damages.

Who Will Benefit:

1. Owners and owner representatives managing capital improvement projects and dealing with time extension requests.
2. Contractor executives, project managers, project sponsors and project control personnel.
3. Construction managers and design professionals performing services during construction.

James G. Zack, Jr, CCM, CFCC, FAACE, FRICS, FGPC, PMP
Principal, James Zack Consulting, LLC

Jim is the Principal, James Zack Consulting, LLC and Senior Advisor, 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. Expert Advisor for AlphaSights and Guidepoint Global Advisor. Formerly he was the Executive Director of the Navigant Construction Forum™ and earlier, the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and earlier a Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for more than 48 years, worked for both contractors and owners in 36 States in the U.S. and 39 countries abroad. Mr. Zack is a Fellow of AACE, the Royal Institution of Chartered Surveyors, the Guild of Project Controls and, the Society of Construction Claims Specialists International. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), an Expert Certified Construction Claims Specialist (ECCCS), an Expert Certified Construction Delay Analyst (ECCDA) and a Project Management Professional (PMP).

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