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.
Jim is the 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. Jim was eh 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. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for 47 years, worked on both private and public projects throughout the U.S. and in 28 countries abroad. Mr. Zack is a Fellow of AACE International, the Royal Institution of Chartered Surveyors, and the 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. Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC) and a Project Management Professional (PMP). Mr. Zack is an internationally recognized author and speaker in the construction claims and disputes arena.