Concurrent Delay – A Potent Defense for Owners and Contractors


December 11, 2018


James G. Zack

  1:00 PM ET | 12:00 PM CT | 10:00 AM PT | 60 Minutes

* Not able to attend the live session? We can arrange an on-demand session for You. Please call 1-951-801-2324


Though concurrent delay is a potent tool of defense for both owners and contractors, it is most often seen as a “get out of jail free” card. Usually in case of a project delay, contractors and owners battle it out at the end of the project alleging concurrent delay (contractors) or imposing liquidated or actual damages (owners).  Since owners don’t claim damages for late completion until the conclusion of the project, contractors have to wait for the project to finish before making concurrent delay claims.

Contractors generally claim that the owner also delayed the project during the same time the project was delayed by them (contractors) and it’s not entirely their fault. This defense known as concurrent delay protects them from paying damages that occurred due to late completion.  If owners impose liquidated damages after late project completion, it’s certain that contractors will respond with concurrent delay claims and arguments.

This webinar by James G. Zack, a veteran construction dispute expert, will explore the mechanisms available to owners to quash a contractor’s concurrent delay defense based on recent court rulings. From definition and background of “concurrent delay” law to latest court rulings and decisions to practical advice, tips and techniques, this session will offer expert insights to both contractors and owners dealing with concurrent delay and liquidated damage claims.

Session Highlights

  • What is concurrent delay
  • The origin of the concurrent delay doctrine in U.S. law
  • Know why concurrent delay is important for both owners and contractors
  • Typical projects where concurrent delay claims are made
  • Federal and state court rulings that reveals the newest defense for owners against concurrent delay claims
  • The impact of three recent court decisions
  • Practical tips and expert insights:
    • For owners using liquidated damages clauses
    • For contractors using concurrent delay defense
  • Case studies of projects where concurrent delay was an issue
  • Issues concerning the pricing of contractor delay damages
  • Methods of calculating extended field office overhead costs for contractors
  • Contractual methods to predetermine elements of delay costs to prevent end of the job audits or disputes over delay costs for owners
  • Insights on contractor's obligation to mitigate damages in the event of owner caused delay (for owners)

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