overview-of-construction-claims-disputes

Overview of Construction Claims & Disputes

Pre Recorded

  • 90 minutes

This webinar discusses the 11 basic types of construction claims included in most standard contracts used throughout the U.S. – AIA, Consensus DOCS, 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.

In this webinar expert speaker’s James Zack and John Livengood will help you to identify several types of owner claims against contractors and the elements of the burden of proof required of all claimants. The basic requirements concerning damages are covered. The webinar will conclude with an outline of various dispute resolution methodologies.


Session Highlights:

  • 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.

  • Educate attendees on how to prepare and present or analyze and settle or defend against construction claims.

  • How to deal with construction claims situations and events.

  • The downside risk of leaving claims and disputes to fester until the end of a project.

  • The fundamentals of contracts and claims.


Why You Should Attend:

This webinar will help attendees to understand the burden of proof requirement all claimants (both owners and contractors) must meet and recognize that all parties to a construction contract must anticipate changes and claims. This webinar will give attendees a brief discussion of claims under various project delivery methods and a summary of an accepted claims preparation and analysis methodology.


Who Should Attend:

  • Owners of capital improvement projects

  • Construction managers and design professionals involved in the construction process

  • Contractor executives

  • Project managers

  • Project sponsors

  • Project control personnel involved in preparing and submitting construction claims


Ask your question directly from our expert during the Q&A session following the live event.

James G. Zack & John Livengood

James G. Zack & John Livengood

James Zack is the Senior Advisor to the Navigant Construction Forum™. Formerly, he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Jim was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Jim has, for more than 45 years, worked on both private and public projects throughout the United States and in 28 countries abroad. Jim is a Fellow of AACE, the Royal Institution of Chartered Surveyors, and the International 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. Jim is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC) and a Project Management Professional (PMP).

John Livengood is a Managing Director of Navigant Consulting’s Global Construction Practice and is an experienced claims expert with more than 40 years of construction related experience. He is a registered architect and an attorney experienced in construction litigation, project management, design analysis, and document preparation. He has worked on a variety of projects that include: rail and rapid transit facilities, roadways, , bridges, high-power lines, industrial, chemical and petrochemical facilities, power plants, wastewater treatment plants, 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. As an expert witness, Mr. Livengood has testified in court proceedings, before boards of contract appeals, arbitration's and mediation's. These cases have included major civil construction, as well as buildings and residential properties, where the value at issue has often exceeded $500 million. His services have included providing schedule delay and disruption claims, acceleration claims, loss of productivity claims, construction cost audits, cost estimation, analysis of change orders, construction method analysis, and defective design claims. Mr. Livengood has also been involved with dozens of major international construction projects and has served as an arbitrator on panels in Europe and the Middle East.

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