time-extension-requests-–-what-does-a-contractor-have-to-prove

Time Extension Requests – What Does A Contractor Have To Prove?

On Demand

  • 90 minutes
  • 0 Day Left
     May 20, 2019 - May 24, 2019
  •   08:00 AM - 09:30 AM ET
    05:00 AM - 06:30 AM PT

Whether an owner, a designprofessional, a construction manager or a contractor, all constructionprofessionals must learn how to analyze, prepare and justify time extensionrequests. Owners and their representatives are tasked with the responsibilityof receiving, analyzing and recommending a course of action and deciding on alltime extension requests submitted by contractors. Contractors and CM’s at riskare required to analyze, prepare, justify and submit time extension requests ontheir own behalf and/or on behalf of their subcontractors. 

This presentation identifies the teststhat have been set forth by the U.S. Federal Courts to justify both excusableand compensable delay time extension requests. We will discuss how these rulesare applied, whether submitting or analyzing a time extension request. We willalso discuss the rules concerning concurrent delay and how the courts hold theclaimant responsible for allocating concurrent delay. Finally, the presentationhighlights two new court rulings which may be “game changers” concerningdelays, time extension requests and the use of concurrent delay as a defenseagainst liquidated damages.

Join this session by expert speaker James G. Zack & Patrick M. Kelly, where he both will discuss two recent court cases, one Federal and the other State, which may change the rules of the game concerning the use of concurrent delay as a defense against owner imposed liquidated damages.

Session Highlights:

  • Learn the rules concerning time extension requests

  • Understand the arguments about waiver and apportionment of liquidated damages

  • Become knowledgeable about concurrent delay issues and who has to prove concurrent delay

  • Understand when an owner’s liability for delay is limited or obviated

  • Become more knowledgeable about the use of CPM schedules when pursuing or defending against time extension requests

  • Learn some new rules about when concurrent delay can and cannot be used to eliminate liquidated damages

Why You Should Attend:

  • In this webinar, you’ll learn when a contractor is entitled to compensable delay and under what circumstances.

  • You’ll also learn the rules concerning the burden of proof concerning delay and what must be proven in order to justify time extensions – both excusable and compensable.

  • This webinar reveals several common misconceptions concerning concurrent delay and who has the burden of proof concerning concurrent delay.

  • The webinar discusses when a contractor is not required to justify field and home office overhead costs once a compensable delay have been proven.

Who Should Attend:

  • Contractors

  • Owners

  • Design professionals providing services during construction

  • Construction managers

  • Attorneys


*You may ask your Question directly to our expert during the Q&A session.

** You can buy On-Demand and view it as per your convenience.

James G. Zack,  Patrick M. Kelly

James G. Zack, Patrick M. Kelly

James Zack is the Senior Advisor to the Navigant Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. James 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. James 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).


Patrick M. Kelly has more than twenty years’ experience related to construction, construction management, contracting, and project controls. In his career, Patrick has been a Navy Civil Engineer Corps Officer, a contract & construction manager, a scheduler & project controls manager, and a construction claims analyst. Patrick is an expert in project controls, Critical Path Method scheduling, earned value analysis, and forensic schedule analysis for delay and disruption. He has qualified and testified as an expert on CPM scheduling and forensic delay analysis in the U.S. and internationally. He is a Professional Engineer, and a certified Planning and Scheduling Professional by AACE. He has extensive experience in infrastructure, shipbuilding and ship repair, hotels and condominiums, and government and public facilities. Patrick has worked for both contractors and owners, internationally and within the U.S., on small projects as well as projects with values in billions of dollars. Patrick is well published and lectures frequently on topics including construction management, project controls best practices and forensic schedule analysis. He provides training on both software and CPM methodology to students, schedules, analysts, and construction professionals.

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