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Overview of Construction Claims & Disputes
This webinar –
- Identifies the most common causes of construction claims
- Discusses the “universe of construction claims”
- Explores both contractor and owner claims against the other party
- Demonstrates how the basic three part test of a claim (entitlement, causation, and damages) applies to each type of claim
- Educates attendees on how to prepare and present or analyze and settle or defend against construction claims
- Set forth typical claims damages
- Discusses construction claims under various project delivery methods
- Sets forth various dispute resolution methodologies and the dispute resolution staircase
Overview of the webinar
This webinar discusses the 11 basic types of construction claims included in most standard contracts used throughout the U.S. – AIA, ConsensusDOCS, EJCDC, etc. The webinar outlines the entitlement and causation elements of each type of claim that the claimant must demonstrate in order to justify their right to prevail. The webinar highlights the following types of construction claims – claims for directed changes; constructive changes; differing site conditions; directed suspensions of work; constructive suspensions; force majeure events; delays; accelerations; constructive accelerations; terminations for convenience; and, terminations for default. The webinar also identifies several types of owner claims against contractors. The elements of the burden of proof required of all claimants are presented. The basic requirements concerning damages are covered. A discussion of claims under various project delivery methods and a summary of an accepted claims preparation and analysis methodology are included in this webinar. The webinar will conclude with an outline of various dispute resolution methodologies.
Who should attend?
- Owners & Contractor Project Managers
- Resident Engineers & Architects
- Agency Construction Managers
- Construction Managers@Risk
- Design Managers
- Legal Counsel representing project participants
Why should you attend?
Advantages of attending this webinar follow –
- Recognize that all parties to a construction contract must anticipate changes and claims.
- Be exposed to the fundamentals of contracts and claims.
- Discuss the “universe of construction claims”.
- Demonstrate how the basic three part test of a claim (entitlement, causation and damages) applies to each type of claim.
- Understand the burden of proof requirement all claimants (both owners and contractors) must meet.
- Educate attendees on how to prepare and present or analyze and settle or defend against construction claims.
- Learn how contractors and owners must deal with construction claims situations and events.
- Appreciate the downside risk of leaving claims and disputes to fester until the end of a 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.