Implications on Construction Projects and Delay Claims


November 13, 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


Since its inception, pacing delay has remained a controversial subject. Pacing delay is not a new topic in construction contracts but there are hardly any studies or case law exploring it in detail. Owing to lack of clarity, often contractors and owners get into a dispute over pacing delay in a delay claim situation.

In general, there are four types of construction delays: non‐excusable, excusable, compensable and concurrent. However, pacing delay is a “deliberate delay” path taken by a contractor when he anticipates or experiences an owner caused delay, basically to keep pace with the owner’s delay. Pacing delays can also occur due to the owner taking a “decelerated” approach if a delay by the contractor is foreseen. 

Due to lack of a proper definition, contradictory legal opinions and decisions, and lack of contractual control, pacing delay still remains a contentious, confusing and risky subject in the construction industry.  

This webinar by our expert speaker James G. Zack, Jr., CFCC, CCM, FAACE, FFA, FRICS, PMP, will help you sift through the confusion and give you clarity on pacing delays and its implications on construction projects. You will understand what constitutes a pacing delay and what are the contractor’s legal rights to pace an owner caused delay.  James will also discuss the practical impact of a pacing delay and how owners and contractors can mitigate the risks. 

This is an informative, practical and definitive guide that looks at pacing delay from both the owner’s and contractor’s perspectives.

Session Highlights:

  • Pacing Delay
    • Definition
    • When contractors and owners may employ pacing delay
  • Examples
  • Review a contractor’s legal right to pace an owner caused delay
  • Practical impacts on projects due to pacing delay
  • Risks of pacing delays
  • Pacing delay risk mitigation strategies for owners and contractors
  • Adverse impact of pacing delay on schedule delay analysis and delay claims asserted by contractors
  • Are time related damages recoverable when pacing delay has occurred?
  • Potential owner defense strategies when claiming damages

Who Will Benefit:

  • Owners and capital improvement projects management
  • Contractors
  • Executives
  • Project managers, sponsors and control personnel
  • Construction managers
  • Design professionals
  • Attorneys dealing with construction delays claims and disputes

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