Legal Implications of the Construction Schedule --
Historical Perspective and Recent Case Law
Featuring:
John C. Livengood, CFCC PSP
ARCADIS
Construction managers, program and project managers, contractors, owners, and planning and scheduling professionals in the construction industry work with schedules every day. Yet what do they know about the legal implications of a schedule’s creation, approval, acceptance, management, modification and updating?
Contract schedule clauses, when they exist, provide a starting point, declaring the purpose of the schedule and how it is to be used and maintained on the job, and its use as a tool for determining time-related changes or impacts. Over the years, a body of case law has evolved, giving shape to general requirements for the creation and subsequent role of schedules in proving or defending claims for delays, acceleration, impact and lost productivity.
Join John Livengood a recognized expert in construction scheduling, as he walks you through the varying challenges facing schedule-related claims. Citing specific cases to illustrate various construction schedule scenarios, John will discuss how the courts and boards of contract appeals have ruled, sometimes with conflicting outcomes, providing answers to questions you have such as:
- Do you need to have a CPM schedule?
- Will a PDF barchart of your computerized schedule meet the contract CPM schedule requirement?
- Do more detailed schedules change the legal landscape?
- Do approvals/acceptances make a difference?
- Is having a baseline schedule important?
- Can a schedule update serve as “Notice” under the contract?
- If you want to finish early, what are the requirements?
- Do contractors have to coordinate with their subcontractors in order to have a legally sufficient schedule?
- What role do schedules play in the legal determination of negligent management?
- And much, much more
Forewarned is forearmed; the issues covered here are essential scheduling rules-of-the-road for construction professionals and their counsel in determining that the project schedules they are working with will successfully navigate the "schedule law" obstacle course.
Who Will Benefit?
This program is a must if you’re a public or private owner, design professional, engineer, architect, contractor, subcontractor, manufacturer, supplier or attorney. Use the form below to register now, to achieve optimum project success by learning the ins and outs of construction schedule law.
Your Expert Presenter:
John C. Livengood, ESQ AIA CFCC PSP
John Livengood, has more than 37 years of experience in construction, design, delay analysis and litigation support. He is a registered architect and attorney, with proficiency in architectural design, construction, project management, government contracts, litigation support, mediation, arbitration, and construction litigation. John’s project experience is extensive and spans the gamut of public and private projects of virtually all sizes and types. As an expert witness, John has testified in court proceedings before boards of contract appeals, arbitrations and mediations on scheduling issues, damages and causation issues. As an industry expert, John has written and lectured on issues of claims, delay, productivity, and the implications of green or sustainable technology on claims. As part of this extensive career, he is a principal author of the AACE International Recommended Practice on Forensic Schedule Analysis (RP29R-03) (2011).