Hot vs. Cold Suspension of Work:
Meeting the 12-Part Test for Compensable Time Extension
James G. Zack, Senior Advisor, Ankura Construction Forum™
The contract has been awarded and notice to proceed issued. The contractor has started work. The owner issues a suspension of work directive and the contractor shuts down all or part of its work awaiting the return-to-work order. The contractor believes it is entitled to recover all delay and all time-related delay damages. Is the contractor, right? Is the owner on the hook for all delay damages? As Max E. Greenberg commented in 1984 – “It ain’t necessarily so!”
This webinar examines why owners must have a suspension of work clause in their contracts and how these clauses work. It identifies what damages are typically owed when an owner stops all or part of the work and outlines some typical limitations of suspension damages found in many contracts.
Additionally, the paper discusses five key court cases decided between 1996 and 2015 that set forth key requirements necessary to collect damages arising from a suspension of work directive. Finally, the webinar offers recommendations on what actions contractors can take to protect the recovery of such damages and why these actions may help owners resolve such claims in the field rather than the courtroom.
Listen to this information packed webinar to:
- Learn the difference between “cold standby” and “hot standby.”
- Discover why it is critical for contractors to get the owner’s direction on exactly what they want the contractor to do during the suspension period.
- Understand how Suspension of Work Clauses work and why they are needed.
- Explore what damages are recoverable under typical suspension clauses.
- Learn about limitations on recoverable damages.
- Be exposed to a series of court cases that have redefined what needs to be proven to recover damages.
- Be aware of the current 12-point test for recovery of suspension damages.
- Learn what actions contractors should take to protect their right to collect damages due to an owner-issued suspension of work.
- And much, much more!
Who Will Benefit?
This recorded webinar is a must for:
- Owners and owner representatives managing construction projects.
- Contractor executives, project managers, project sponsors and project controls personnel.
- Construction managers and design professionals performing services during construction.
- Attorneys representing owners, contractors, construction managers & design professionals performing services during construction.
This event features key insights from our knowledgeable construction expert:
James G. Zack, Jr., CCM, DCFCC, FAACE, FGPC, FRICS, PMP
Senior Advisor, Ankkura Construction Forum (formerly Navigant)
In addition to his own consulting firm, Jim is Senior Advisor for the Ankura Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, Jim was the founder and Executive Director of the Navigant Construction Forum™. Previously he served as the Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne and Executive Director of the PinnacleOne Institute; and Senior Construction Claims Consultant, CH2M HILL, Inc. With 47 years’ experience he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE, the Royal Institution of Chartered Surveyors and the Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager and a Project Management Professional, as well as an internationally known author and speaker on construction claims.
Added Benefit. In-house training tool: Train your entire staff for one low price! Gather around the conference room table, listen to the expert, then discuss how it pertains to your particular company. Don't miss out on this fascinating session — Order today!
Certificates of completion are available upon request for use in obtaining education credits. To reserve your space by PHONE, CALL (301) 765-9525.