Time Extension Requests - What Does a Contractor Have to Prove?


September 17, 2018


James G. Zack

  1:00 PM ET | 12:00 PM CT | 10:00 AM PT | 90 Minutes


All construction professionals, whether it is an owner, contractor, designer, or a construction manager, must learn to prepare, analyze, and justify time extension requests. Owners and their representatives are tasked with the responsibility of receiving, analyzing and recommending a course of action and deciding on all time extension requests submitted by contractors. Contractors and construction managers (CMs) at risk are required to analyze, prepare, justify and submit time extension requests on their own behalf and/or on behalf of their sub-contractors.

This session by expert speaker James G. Zack Jr., CCM, CFCC, FAACE, FRICS, FFA, PMP, will provide with you an innovative and effective way to prepare and analyze time extension requests. James will identify the tests that have been set forth by the U.S. Federal Courts to justify both excusable and compensable delay time extension requests. He will also discuss how these rules are applied, while submitting or analyzing a time extension request.

James will also discuss the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Finally, he will highlight two new court rulings, which may be game changers concerning delays, time extension requests and the use of concurrent delay as a defense against liquidated damages.

Session Highlights:

  • Rules concerning time extension requests
  • Arguments about waiver and apportionment of liquidated damages
  • Concurrent delay issues and who has to prove concurrent delay
  • When an owner’s liability for delay is limited or obviated
  • The use of CPM schedules when pursuing or defending against time extension requests
  • New rules about when concurrent delay can and cannot be used to eliminate liquidated damages
  • When and under what circumstances is a contractor entitled to compensable delay
  • Rules on burden of proof and who has the burden of proof concerning delay
  • What must be proven to justify time extensions requests—both excusable and compensable
  • Common misconceptions on concurrent delay
  • When is a contractor not required to justify field and home office overhead costs once a compensable delay has been proven
  • Two recent court cases that is game changer on the use of concurrent delay as a defense against owner imposed liquidated damages.

Who Should Attend:

  • Contractors
  • Owners
  • Design professionals providing services during construction
  • Construction managers
  • Attorneys

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