Construction Management: Tales From the Claims Crypt - Lessons Learned

Online /
Jun 26, 2023 /
Course Code: 0614-WEB23

The confirmation of this course depends on early registration; Register early to avoid the postponement or cancellation of a course.
  • Overview
  • Instructor


After attending this webinar, owners will understand:

  • Risk of not negotiating the full scope of work for change orders
  • The potential downside of not performing an operability review during design
  • Risk of overly complex scheduling specifications
  • Impact of a failure to include scheduling constraints in the contract
  • Risk of accepting unrealistically low bids
  • Risk of issuing T&M change orders with “not to exceed” cost
  • And other risks associated with inadequate contract administration

After attending this webinar, contractors will understand:

  • Potential impact damage claims
  • How to manage T&M change orders with “not to exceed” cost
  • How to deal with owner refusals to accept early completion schedules
  • The risk of not reviewing “other” information during bidding
  • The risk of failing to investigate the site
  • The risk of not providing contractually required notices
  • And other risks associated with inadequate contract administration

After attending this webinar, Owners and Contractors will:

  • Be provided with a series of lessons learned designed to help both sides avoid such mistakes.


One of the most common causes of construction claims and disputes is poor contract administration. Industry surveys indicate that this problem is caused by both owners and contractors. This webinar uses 20 “war stories” to illustrate some of the claims caused by inadequate contract administration and draws from experience lessons learned by both owners and contractors.

Course outline:

  • Introduction
  • Failure to negotiate the full scope of work when issuing change orders
  • Failure to perform operability review
  • Overly complex scheduling specifications
  • Lack of contract constraints
  • Impact damages claims
  • Substantially low bids
  • Time and material changes with “Not to Exceed” cost
  • “Recover lost time”
  • Stop papering the project”
  • Early completion schedules not accepted
  • No damages for delay clause – waived
  • Cannot include change orders or delays in schedule updates until approved
  • The architect will review submittals in a “timely manner”
  • Failure to investigate during bidding
  • No damages for delay clause not enforceable
  • Concurrent delay is an inexcusable delay
  • Failure to review “other information available” during bidding
  • Currency exchange value variation recoverable
  • Solving contractor problems
  • No privity of contract
  • Conclusion

Who should attend:

  • General contractors and their project managers
  • Project owners and their representatives
  • Contract administrators
  • Design professionals
  • Construction managers
  • Construction attorneys

Special features:
After discussing each claim situation arising from improper contract administration, lessons learned from each case will be offered for owners and contractors.

Time: 12:00 PM - 2:00 PM Eastern Time

Please note: You can check other time zones here.

System Requirements

PC-based attendees
OS: Windows 7, 8, 10 or newer

IE 11 or later, Edge 12 or later, Firefox 27 or later, Chrome 30 or later

Macintosh based attendees
OS: Mac OS X with MacOS 10.7 or later

Safari 7+, Firefox 27+, Chrome 30+

OS: iOS 8 or newer

OS: Android 4.0 or higher


Jim Zack

Jim is the Senior Advisor to the recently formed Ankura Construction Forum™.

The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was the founder and Executive Director of the Navigant Construction Forum™. Formerly he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Prior to this Jim was Vice President of PinnacleOne and Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc.

He has, for 46 years, worked on both private and public projects throughout the U.S. and in 28 countries abroad. Jim has worked for both contractors and owners on more than 5,000 claims in his career. He a Fellow of AACE International, the Royal Institution of Chartered Surveyors and the International Guild of Project Controls. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. Jim is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), and a Project Management Professional (PMP).

The Engineering Institute of Canada

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Fee & Credits

$149 + taxes

  • 0.2 Continuing Education Units (CEUs)
  • 2 Professional Development Hours (PDHs)
  • ECAA Annual Professional Development Points

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