Concurrent Delay – Is This Still a Contractor’s “Get Out of Jail Free Card”?

This presentation uniquely sets forth best practices for both owners and contractors concerning concurrent delays.  Since owners generally do not impose late completion 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 some recent court rulings that owners employ to defeat a contractor’s “concurrent delay defense.”

This presentation defines the term “concurrent delay”; discusses the background of today’s concurrent delay doctrine in U.S. law; explores three recent court cases – two Federal and the third State – that provide owners with some defenses and offers practical advice to owners and contractors when dealing with the issue of concurrent delay.

When owners impose liquidated or actual 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 all or some of the late completion damages should be forgiven or excused.

Participants will learn:

• The true meaning of the term “concurrent delay”
• background of today’s concurrent delay doctrine in U.S. law
• some court-case-based defenses
• practical advice to owners and contractors for dealing concurrent delay
• what to do after meditation agreement is attained

Instructor: James G. Zack, Jr. is Principal of James Zack Consulting, LLC, a construction claims consultancy dedicated to helping Owners and Contractors complete projects in the field, not arbitration or court.   He is a recognized, published expert in mitigation, analysis, and resolution or defense of construction claims and disputes.  In his 49-year career, he has been involved in public and private projects throughout the U.S. and 39 countries, working with Owners and Contractors on 5,000+ claims.

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