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Common Mistakes Owners and Contractors Make that Cause Claims and Disputes
- How to determine the risks of issuing time and material changes
- How to deal with RFIs properly in order to avoid claims
- The risk of giving verbal direction for contractors to proceed with changes without written change orders
- The risk of waiver when they object to submittal of written notices from contractors
- The downside risks of not providing timely, written notices to owners when potential cost or time impact events arise
- The risk of not tracking time and costs of changes separately
- The danger of not creating a well thought out baseline schedule and issuing accurate schedule updates
- A series of lessons learned, designed to help the contractors and owners avoid such mistakes
Overview of the webinar
When asked about the most common causes of construction claims, owners and contractors often recite a lengthy list including changes, delays, site conditions, and lost labor productivity, etc. However, a recent global survey of the top five causes of claims found that contract administration issues are the largest cause of claims.In this session, expert speakers James G. Zack, Jr., CCM, CFCC, FAACE, FIGPC, FRICS, PMP, will identify the top-10 mistakes owners make that cause claims, as well as the top-10 contractor mistakes that give rise to disputes. With each, the expert speakers will share practical advice on how to avoid such mistakes.You will be able to identify potential construction claims and disputes when they arise. If you can identify potential claims as they arise, you will be better equipped to resolve such issues before they morph from an issue to a claim or legal dispute. This session will discuss a series of issues that cause claims on construction projects – some caused by owners and others caused by contractors. The session will further offer practical advice for both to avoid such mistakes.
Who should attend?
- Legal Counsel advising clients performing international work
- Design Professionals and Construction Managers working on international projects
- Contractors and Subcontractors performing international projects
- Attorneys going into construction mediation
- Owners and owner representatives facing unresolved disputes
- Contractor executives and project managers
- Construction managers and design professionals
Why should you attend?
Our presenters will discuss the legal risk and practical problems that arise due to:
- Failing to settle delays as they arise
- Using RFI’s to correct errors or redesign the project
- Discouraging written notices
- Proceeding with changes without a written change order
- Failing to track time and cost damages separately from base scope time and costs
- Failingto create a baseline schedule and issue accurate schedule updates
- Contractors financing owner-caused changes
This presentation is appropriate for: Public and private owners performing capital improvement projects, contractors and subcontractors working on such projects, legal counsel assisting construction clients, design professionals, construction managers, and other key parties involved in both public and private construction contracts. After attending this webinar, you will fully understand the dangers of common contract administration mistakes—and be well equipped to proactively avoid unnecessary claims and disputes on your next construction project.
Faculty - Mr.James G. Zack
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.