Best Practices for Delay Claim Preparation, Defense
and Avoidance - 5-Part Recorded Webinar Series 2020
Robert Freas, Exponent Inc.
No one starts a project thinking a delay claim will be part of the construction process, but unplanned events and unforeseen conditions happen which impact and threaten the project’s completion. When that situation does arise, you want to be prepared to timely address and resolve these issues. This webinar series is designed to provide practical guidelines and best practice approaches to prepare for and execute the preparation, review and resolution of construction delay claims when they do occur. These sessions were recorded May-August 2020.
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1. Keeping Time: Improving Your Project Planning and Scheduling Practice
Just like a composer’s score keeps horns, strings, and percussion on track in an orchestra, delay claims cannot be successfully presented without a project schedule that has been properly prepared and maintained. This session will examine the current mindset, explore emerging trends, and look toward the future of planning and scheduling within the construction industry. We’ll take a look at best practices in the planning and scheduling process, highlighting specific methods to avoid current criticisms and increase the effectiveness of the process as a whole. We’ll also point out some tips and tricks related to the use of CPM schedules and related software as they are used in the project schedule in the delay claim process.
2. Sweat the Small Stuff: The Indispensable Advantage of Effective Project Documentation
This session will discuss the critical advantage effective project documentation provides in the world of claims management and legal disputes. Maintaining thorough project records is the key to success in the world of construction claims and disputes. When you need to prove liability, causation, and award in an arbitration or litigation, good habits in tracking and reporting site events and overall progress on a project provide the ultimate advantage. The seemingly innocuous daily chore of maintaining meeting minutes and progress reports and photos really can save the day when problems emerge.
3. Are We Late? Oh, It’s Over Already? Which Delay Claim Methodology Should I Use?
This session provides practical guidance for owners and contractors to aid in understanding AACE International’s Recommended Practice to determine the ideal methodology to employ in analyzing delay on your project. We will provide valuable insight for those in the position of reviewing and responding to time extension requests, Requests for Equitable Adjustments involving delay, and delay claims themselves. Additionally, we’ll look at the strengths and weaknesses of the more common methodologies to help identify approaches that can reasonably be considered given certain factual and contractual circumstances.
4. More Effective Delay Claim Preparation and Analysis
Possessing entitlement to a time extension does not guarantee your request will be granted. The contractor needs to be prepared to present a request that is concise, complete, and in accordance with the contract documents. A project team is typically unfamiliar with time extension or delay claim documentation, so awareness of practical guidelines for preparing these requests can make your team’s response more effective and efficient. This webinar outlines strategies the expert employs in the preparation and review of time extension requests or delay claims. We’ll also discuss the negotiation and settlement considerations that should be considered and explored by the parties.
5. Sailing on the Hudson in Your Eichleay While Avoiding Liquidated Damage: Determining Delay Related Damages
This session outlines best practices in calculating delay damages. The two types of delay damages classifications are “Contractor assessed” and “Owner assessed,” based on the schedule delay analysis allocations. Contractor delay damages are typically classified into field overheads or general conditions, home office overheads, and the reasonable profit mark-ups based on contract provisions and industry standards. On the other hand, Owner delay damages are mainly classified as Liquidated Damages or Penalty for delay and Actual damages. This session will examine how to use generally-accepted accounting principles and the Eichleay and Hudson formulas to determine allowable costs. We’ll also explain how to calculate Liquidated Damages and Penalty based on specific contract provisions or resulting from late start-up of a facility or plant. While these can be difficult waters to navigate, we’ll cover the fundamentals to your team confidently address important issues involve in the assessment of delay damages.
Attend this informative five-part webinar series to help you:
- Learn best practices for managing time-related changes on construction projects
- Identify and track costs associated with a delay, including impact, lost productivity, indirect and extended overhead
- Understand that all contracts, either explicitly or implicitly, require the contractor to mitigate impact; learn more about mitigation and recovery options
- Compare the strengths and weaknesses of the four most common delay measurement methodologies
- Evaluate the factors and issues that need to be considered before committing to a method
- Determine the role of the three prominent published guidelines that are available and how to employ them:
- AACE® International Recommended Practice No. 29R-03 Forensic Schedule Analysis
- Schedule Delay Analysis, Standard ANSI/ASCE/CI 67-17
- Society of Construction Law's "Delay and Disruption Protocol"
- And much more!
This unique live webinar series will provide valuable insight for both the contractor and for those in the position of reviewing and responding to time extension requests, Requests for Equitable Adjustments involving delay, and delay claims themselves.
Order Today for Maximum Benefit -- Perfect Training Opportunity!
Construction claims are expected to jump as a result of the COVID-19. Contractors that take steps to document and support claims will save on claim preparation costs and will be ahead of the game in timely submissions for recovery.
Meet Your Expert Instructor:
Bob Freas advises clients on a range of topics including risk management, project controls, change management, project scheduling, process improvement, change order negotiations, dispute avoidance, and the preparation or defense of construction claims. He has participated in the preparation and presentation of a number of major construction and contract claims and disputes. His experience with construction disputes includes the development, analysis, and defense of construction claims related to delays, inefficiencies, and cost overruns. Specifically, he has prepared as-planned schedules, updates and time impact analyses, prepared and analyzed as-built schedules, and prepared delay and performance related analyses, productivity-impact and acceleration analyses, and cost and damages claims.