ComplianceOnline

Proving and Pricing Subcontractor Delay Claims

Instructor: Jim Zack
Product ID: 704584
  • Duration: 90 Min

recorded version

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This webinar will discuss causes of subcontractor delay and impact claims. Attendees will be exposed to contractual issues surrounding subcontractor delay claims and learn the theories of recovery a subcontractor can employ when pursuing a delay claim against the General Contractor. The program will identify practical problems concerning subcontractor delay claims from the project owner’s viewpoint and discusses what damages may flow from subcontractor delay claims and the recoverability of such damages.

Why Should You Attend:

Much has been written over the years about proving and pricing contractor claims on construction projects. But little has been published about subcontractor delay claims. Do subcontractors have the same rights and remedies as the prime contractor? Are they held to the same standards? What are their legal rights? Do owners owe time extensions for subcontractor delays? Are prime contractors at risk when they “pass through” a subcontractor’s delay claim to an owner? Are subcontractors at risk when a prime contractor opts not to sponsor their delay claim to the owner? This paper examines issues concerning subcontractor delay claims.

After attending this webinar you will have a better understanding of the issues, risks and challenges concerning subcontractor delay and impact claims. As a result legal disputes concerning such claims at the end of the project may be avoided.

Learning Objectives:

  • Learn the value of pre-planning activities to avoid causing delay and impact to subcontractors.
  • As a General Contractor, learn about the arguments subcontractors can use to pursue delay and impact claims.
  • Become knowledgeable about the risks of sponsoring subcontractor delay claims to owners.
  • Subcontractors will learn the elements of proof necessary to successfully prosecute a delay and impact claim against a General Contractor.
  • Owners will gain insight into analysis of and /or defense against subcontractor delay claims passed through by their General Contractors.

Areas Covered in the Webinar:

  • Typical causes of subcontractor delay and impact claims.
  • Contractual issues surrounding subcontractor delay claims.
  • Practical problems concerning subcontractor delay claims from the project owner’s viewpoint.
  • Problems facing the General Contractors when faced with the request to pass through subcontractor delay claims to owners.
  • Damages that may flow from subcontractor delay claims and the recoverability of such damages.
  • Theories of recovery a subcontractor can employ when pursuing a delay claim against the General Contractor.

Who Will Benefit:

  • Subcontractors
  • General Contractors
  • Owner representatives
  • Design professionals
  • Construction managers
  • Attorneys
Instructor Profile:
Jim Zack

Jim Zack
Executive Director, Navigant Consulting Inc

James G. Zack, Jr., CCM, CFCC, FAACE, FFA, FRICS, PMP, is executive director of Navigant Construction Forum™. He was formerly executive director of Corporate Claims Management, Fluor Corporation; vice president, PinnacleOne; and senior construction claims consultant, CH2M HILL, Inc.

For more than 40 years Mr. Zack has worked on both private and public projects. In the construction claims arena, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. He has worked on claims and disputes throughout the United States and has presented and worked on claims in Canada, Egypt, The People’s Republic of China, Germany, Kazakhstan, Saudi Arabia, The Russian Federation, Chile, Peru, Guatemala, Mexico, Venezuela, Jamaica, Kuwait, South Africa, The United Kingdom, The Netherlands, Slovenia, Poland, Australia, The Philippines, India, and Trinidad & Tobago.

Mr. Zack has been involved in thousands of claims throughout his career and has been designated as an expert witness in mediation, arbitration and litigation. He is a Fellow of the Association for the Advancement of Cost Engineering, International (FAACE), the Royal Institution of Chartered Surveyors (FRICS) and a Fellow of Forensic Analysis (FFA) from the International Guild of Project Controls. He is also a member of the Construction Management Association of America (CMAA) and the Project Management Institute (PMI). He is a Certified Construction Manager (CCM); a Certified Forensic Claims Consultant (CFCC); and a Project Management Professional (PMP). Mr. Zack is a former President of the Association for the Advancement of Cost Engineering, International (AACE). He is a nationally known author, speaker and trainer concerning the management, mitigation and resolution of construction claims and disputes.

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