Is the Concurrent Delay Defense Dead?

Why Should You Attend:

When owners impose liquidated damages at the end of a delayed project contractors often respond with allegations of concurrent delay. That is, contractors argue that some or all of the project delay was actually caused either by the owner or an external force, concurrent with the contractor’s delays, and therefore liquidated damages should be forgiven or excused. As owners generally do not impose liquidated damages until the end of the project, frequently a contractor’s claim of concurrent delay is not submitted until the project is complete.

This Webinar explores mechanisms, based on recent court rulings that owners employ to defeat a contractor’s “concurrent delay defense”.

After attending this webinar attendees will have a better understanding of the issues concerning the pricing of contractor delay damages. Contractors will gain knowledge about the various methods of calculating extended field office overhead costs. Owners will learn some contractual methods for predetermining this element of delay costs in order to prevent the need for end of the job audits or disputes over such costs.

Learning Objectives:

• Learn what concurrent delay is?
• Understand the history of today’s concurrent delay doctrine in U.S. law.
• Learn about the “concurrent delay defense” against the imposition of late completion damages common in the construction industry.
• Understand how two recent court cases give direction to owner defenses against the concurrent delay defense.
• Be exposed to some practical advice for both owners and contractors when dealing with the issue of concurrent delay.

Owners will gain insight into the issue of the contractor’s obligation to mitigate damages in the event of owner caused delay.

Areas Covered in the Webinar:

This information packed 90 minute webinar will help you:

• Define the term concurrent delay;
• Understand the background of today’s concurrent delay doctrine in U.S. law;
• Learn about the traditional concurrent delay defense common in the industry;
• Be aware of two recent court cases – one Federal and the other State – that provide owners some new defenses against the concurrent delay defense; and
• Receive practical advice for both owners and contractors when dealing with the issue of concurrent delay and liquidated damages.

Who Will Benefit:

• General Contractors
• Owners and their representatives
• Design professionals
• Construction managers
• Attorneys

James G. Zack, Jr, CCM, CFCC, FAACE, FRICS, FGPC, PMP
Senior Advisor, Ankura Construction Forum

James Zack is the Senior Advisor to the Ankura Construction Forum™ the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly Jim was the founder and Executive Director, Navigant Construction Forum™. Previously, Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne and Executive Director, PinnacleOne Institute; and a Senior Construction Claims Consultant, CH2M HILL, Inc. With 47 years’ experience, he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE, RICS and the Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager and a Project Management Professional as well as an internationally known author and speaker on construction claims.

Emily Federico, PSP
Director, Ankura Construction Forum

Emily Federico is a Director in Ankura Consulting’s Construction Practices located in their Fairfield, CT and New York offices. Ms. Federico’s experience includes the preparation and analysis of various schedule delay, acceleration, loss of productivity and cost overruns claims. Tasks performed included Critical Path Method (CPM) schedule development and detailed analyses, damage analyses, and issues analysis based on contemporaneous project documents. Ms. Federico has also provided litigation support for depositions of Ankura experts as well as cross examination of opposition, mediation presentations including her own, and preparing Ankura’s expert for trial testimony in Federal Court. Ms. Federico’s experience while at Ankura Consulting includes the following construction project types: airports, retail shopping malls, bridges and highways, schools and universities, condominiums, spent fuel power plants, and wastewater treatment plants.

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