Workshop on Trends in Construction Claims and Disputes

Instructors: Jim Zack, John Livengood
Product ID: 705534
  • Duration: 90 Min
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.

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
Last Recorded Date: Mar-2018

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

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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.

John C Livengood

John C Livengood
Managing Director, Global Construction Practice

John Livengood is a managing director in the global Construction practice. He has more than 40 years of experience in construction, design, delay analysis and litigation support. John is a registered architect and attorney, with proficiency in architectural design, construction, project management, government contracts, litigation support, mediation, arbitration, and construction litigation.

John has extensive experience in a variety of construction projects including worked on a variety of projects that include, industrial, chemical and petro-chemical facilities, power plants, wastewater treatment plants, roadways, rapid transit facilities, high-power lines, bridges, office buildings, sports stadiums, warehouses, educational institutions, hospitals, correctional facilities, military bases, airfields and air terminals, railroad stations, environmental remediation projects, and microwave communication facilities and as well as residential projects of all sizes. His services have included providing construction cost audits, cost estimation, analysis of change orders, delay and disruption claims, acceleration claims, loss of productivity claims, construction method analysis, and defective design claims.

As an expert witness, John has testified in court and arbitration proceedings provided oral and/or written expert evidence in both the U.S. Federal and state courts, numerous international arbitral forums, and before special administrative panel hearings throughout the world on delay and productivity issues as well as damages and causation issues.

John is active in the Association for the Advancement of Cost Engineering (AACE) International, the American Bar Association (ABA), the Society of Construction Law - NA and has published numerous articles in industry magazines. He is one of the principal authors of the AACE Recommended Practice on Forensic Schedule Analysis (2011).

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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.

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