Work Suspended – What Can a Contractor Recover
After participating in this course, you will be able to:
- Understand what constitutes a suspension of work.
- Identify the types and typical causes of work suspensions.
- Explain the operation of a suspension clause in contracts.
- Determine which damages are recoverable and which are not in suspension cases.
- Apply the current tests of damage recovery.
- Protect contractor rights to recover damages for suspension of work.
Description
When an owner issues a suspension of work directive, is the contractor entitled to recover delay and delay damages?
The rules governing recovery of damages under Suspension of Work clauses have changed over the past two decades. Recovery of costs and time are no longer to be taken for granted. This session examines what damages are typically owed when work is suspended and some limitations of suspension damages.
Five court cases setting forth key requirements necessary to collect damages are discussed. Recommendations on what actions contractors should take when work is suspended are provided, and why these actions may help owners resolve such claims in the field rather than the courtroom.
Course Outline
- Types and causes of suspensions.
- Why owners need a suspension clause in contracts.
- The operation of Suspension clauses.
- Recoverable damages under Suspension clauses.
- Limitations on recoverable damages.
- Some recent court rulings impacting damage recovery.
- Current tests for recovery of suspension damages.
- Recommendations for contractors to protect their rights to recover damages.
- Recommendations for owners to mitigate suspension damages.
Who Should Attend
- Staff personnel involved in preparing and submitting change orders and construction claims.
- Staff personnel receiving, analyzing, and resolving change requests and construction claims.
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COURSE CREDIT
Almost all of EPIC's courses offer :
- Continuing Education Units (CEUs) and
- Professional Development Hours (PDHs)
These course credits will help attendees earn training requirements for their associations or provincial governing bodies.
ON-SITE TRAINING
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