ComplianceOnline

Trends in Construction Claims and Disputes

Instructors: Jim Zack, Joseph Vergara
Product ID: 705534
  • 1
  • March 2018
    Thursday
  • 11:00 AM PST | 02:00 PM EST
    Duration: 90 Min

Live Online Training
March 01, Thursday 11:00 AM PST | 02:00 PM EST | Duration: 90 Min

$149.00
One Dial-in One Attendee
$399.00
Group-Max. 10 Attendees/Location
(For Multiple Locations Contact Customer Care)
Super Deal - Get CD/USB Drive Free!

recorded version

$199.00
1x Person - Unlimited viewing for 6 Months
(For multiple locations contact Customer Care)
Recorded Link and Ref. material will be available in My CO Section 48 hrs after completion of Live training

Training CD / USB Drive

$249.00
One CD/USB is for usage in one location only.
(For multiple locations contact Customer Care)
CD/USB and Ref. material will be shipped within 15 business days after completion of Live training

Combo Offers

Live + Recorded Version

$299.00

Live + Training CD/USB

$349.00

Customer Care

Fax: +1-650-362-2367

Email: customercare@complianceonline.com

Read Frequently Asked Questions

This webinar will cover what the newest trends are in construction claims and disputes as well as offers advice to industry professionals about how they can minimize problems resulting from these trends.

Why Should You Attend:

During the recent recession, the number of projects and construction companies declined, yet the number of claims rose. While the economy has improved the number of claims has remained high. “Claimsmanship” has proliferated and is equally practiced by owners, contractors, and their representatives. As a result, several trends developed, including:

  • Declining construction dispute values accompanied by increasing durations;
  • Court and Board of Contract Appeal decisions limiting damage recovery;
  • Increased use of False Claim allegations in response to contractor claims; and,
  • Contractors trying to create new forms of claims.

These trends are exacerbated by what the construction bar calls the “vanishing trial.” Between 1938 and today civil cases going to trial decreased by over 90%, and the decline is accelerating. U.S. “construction law” is derived primarily from case law (previously issued court decisions). As the industry changes and evolves (i.e., new project delivery methods, BIM, Green construction, location based scheduling, etc.) so too, must construction law. The consequence of the vanishing trial is that construction law stops evolving and judges are less experienced with construction law and issues.

Learning objectives:

  • Become aware of new trends in the arena of construction claims and legal disputes.
  • Understand how these trends may impact your projects.
  • Learn about court decisions that are limiting contractor right to recover damages.
  • Be exposed recommendations for both owners and contractor concerning these trends.

Areas Covered in the Webinar:

This 90 minute webinar explores these growing trends and how to mitigate or avoid their negative impacts on construction claims and disputes. Topics include:

  • Increasing numbers of devalued construction claims taking longer to resolve
  • Increasing limitations on recovery of damages related to:
    • Concurrent delay
    • Compensable delay
    • Suspensions of work
    • Notice and filing requirements
    • Time extensions
    • Extended home office overhead
    • Risk transfer clauses
    • Differing site conditions
    • Increased use of False Claims Acts to ward off claims
  • New forms of claims, including:
    • Constructive claims
    • “Under-inspection” claims
    • “Equipment lost productivity” claims
    • “Expanded” general conditions claims
  • Recommendations for both owners and contractors on how to avoid some of these issues on future projects.

Who Will Benefit:

  • Construction Owners
  • Legal counsel advising clients
  • Design Professionals
  • Construction Managers
  • Contractors and subcontractors
  • Consultant, architect or engineer
Instructor Profiles:
Jim Zack

Jim Zack
Executive Director, Navigant Consulting Inc

With 45 years’ experience Jim Zack is the Senior Advisor to, Founder and former Executive Director of the Navigant Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, Executive Director, Corporate Claims Management for Fluor Corporation, a $24 billion/year EPC with offices and projects worldwide. Prior to this, Vice President of PinnacleOne and Executive Director, PinnacleOne Institute and a Senior Construction Claims Consultant with CH2M HILL, Inc.

With 45 years’ experience working on construction projects he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. Mr. Zack has made construction claims presentations and been involved with claims throughout the United States and in 28 countries abroad. He has been involved in more than 5,000 claims and has been designated as an expert witness in mediation, arbitration and litigation.

Mr. Zack is a Fellow of AACE International, the Royal Institution of Chartered Surveyors (RICS) and the International Guild of Project Controls. Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager and a Project Management Professional. Mr. Zack is a nationally known author, speaker and trainer concerning the management, mitigation and resolution of construction claims on public works projects.

Joseph A Vergara

Joseph A Vergara
Managing Consultant, Navigant Consulting Inc

Mr. Vergara is a Managing Consultant in the Coral Gables, FL office of Navigant Consulting. Joseph is both a licensed attorney and a professional engineer. After graduating from the University of Puerto Rico, Mayaguez Campus with a Bachelor in Science in Civil Engineering, he went on to work for 8 years as a Project Manager for Rio Construction Corporation and Constructora Santiago II, Corporation, two major heavy civil contractors in Puerto Rico, where he gained valuable hands on construction experience in projects such as roads and bridges, airports, dams and marine structures. He has worked in pricing, estimating, and preparing bid proposals for both public and private construction projects as well as in scheduling civil and commercial projects from start-up to conclusion. While working in construction, Joseph completed a Masters in Engineering Management with a concentration in construction management, followed by a Juris Doctor from the University of Puerto Rico.

After becoming a licensed attorney, Joseph worked for 2 years as an associate attorney for the Environmental, Energy and Land Use Practice Group of O'Neill & Borges, LLC, one of the oldest and most prestigious law firms in Puerto Rico, recognized as the top #1 law firm in Puerto Rico by Chambers & Partners (2014). While working as an attorney, Joseph represented clients before local and federal agencies with jurisdiction over environmental, energy and land use matters. He also assisted clients in several stages of project start ups including due diligence reviews, environmental impact reviews and site consultations. Given his construction background, Joseph also assisted clients in matters sounding in construction law, including contractor disputes and reviewing and drafting construction contracts. From 2012 to 2015, Joseph served as a Judge for the Disciplinary Board of Engineers and Land Surveyors of Puerto Rico.

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Refund Policy

Registrants may cancel up to two working days prior to the course start date and will receive a letter of credit to be used towards a future course up to one year from date of issuance. ComplianceOnline would process/provide refund if the Live Webinar has been cancelled. The attendee could choose between the recorded version of the webinar or refund for any cancelled webinar. Refunds will not be given to participants who do not show up for the webinar. On-Demand Recordings can be requested in exchange.

Webinar may be cancelled due to lack of enrolment or unavoidable factors. Registrants will be notified 24hours in advance if a cancellation occurs. Substitutions can happen any time.

If you have any concern about the content of the webinar and not satisfied please contact us at below email or by call mentioning your feedback for resolution of the matter.

We respect feedback/opinions of our customers which enables us to improve our products and services. To contact us please email customercare@complianceonline.com call +1-888-717-2436 (Toll Free).

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