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Section Meetings: January 2017
was held at the: Ball Aerospace & Technologies Corp.

January Meeting Topic: Time Extension Requests – A Checklist

Topic Information:

Join us Thursday, January 26th, for our next RMS monthly meeting. This month we will have a special presentation from James Zack, the Executive Director of the Navigant Construction Forum, on submitting Construction Time Extension Requests.

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 CM's 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. We will discuss how these rules are applied, whether submitting or analyzing a time extension request. We will also discuss 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.

Attend this information packed presentation to:

  • Learn when an owner may owe compensable delay and under what circumstances.
  • 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.
  • Understand several common misconceptions concerning concurrent delay and who has the burden of proof concerning concurrent delay.
  • Find out when a contractor is not required to justify field and home office overhead costs once a compensable delay have been proven.
  • Two (2) recent U.S. 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.

Please join us for dinner, networking and a riveting presentation.

James G. Zack, Jr. is the Executive Director of 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, Fluor Corporation, one of the world's largest publicly-owned engineering, procurement, construction and maintenance (EPCM) contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for more than 40 years, worked on both private and public projects. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes.

To view the presentation, click here.

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