Time Extension Requests – A Checklist

This is a rare webinar that summarizes over 100 years of Federal court decisions concerning construction delay claims plus two more recent cases into a single checklist that gives guidance on how to prepare and/or analyze a delay claim on a government contract. - James G. Zack, Jr., CCM, CFCC, FAACE, FRICS, FFA, PMP

Whether an owner, a design professional, a construction manager or a contractor, all construction professionals must learn how to analyze, prepare and justify time extension requests. Owners and their representatives are tasked with the responsibility of receiving, analyzing and recommending a course of action and deciding on all time extension requests submitted by contractors. Contractors and CMs at Risk are required to analyze, prepare, justify and submit time extension requests on their own behalf and/or on behalf of their subcontractors. This presentation identifies the tests that have been set forth by the U.S. Federal Courts to justify both excusable and compensable delay time extension requests. The presentation discusses how these rules are applied, whether submitting or analyzing a time extension request. The presentation also discusses the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Finally, the presentation highlights two new court rulings which may be “game changers” concerning delays, time extension requests and the use of concurrent delay as a defense against liquidated damages.

Learning Objectives:

• In this webinar, you’ll learn when an owner may owe compensable delay and under what circumstances.
• You’ll also learn the rules concerning who has the burden of proof concerning delay and what must be proven in order to justify time extensions – both excusable and compensable.
• This webinar will also reveal several common misconceptions concerning current delay and who has the burden of proof concerning concurrent delay.
• The webinar will discuss when a contractor is not required to justify field and home office overhead costs once a compensable delay have been proven.
• Finally, this webinar 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.

Benefits:

• 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.

This webinar may well change the way in which you prepare or analyze the very next time extension request you have to submit or analyze. 

Who Should Attend:

• Project Owners
• Design professionals providing services during construction
• Construction managers
• Contractors
• Subcontractors
• And their attorneys

James G. Zack Jr.

Mr. Zack is the Executive Director of 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, he was the Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne; and Senior Construction Claims Consultant, CH2M HILL, Inc.

With more than 40 years’ experience,Mr. Zack is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE and RICS, he is a Certified Forensic Claims Consultant, a Certified Construction Manager and a Project Management Professional as well as a nationally known author and speaker on construction claims.