TRAINING.

Overview

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.

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.

Please note: You can check other time zones here.

Syllabus

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.

Instructor

Jim is the Principal, James Zack Consulting, LLC and Senior Advisor, 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.

Formerly he was the Executive Director of the Navigant Construction Forum™ and earlier, the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc.

Mr. Zack has, for more than 53 years, worked on both private and public projects throughout the U.S. and in 39 countries abroad. Mr. Zack is a Fellow of AACE, Royal Institution of Chartered Surveyors, Guild of Project Controls and Society of Construction Claims Specialists International. 

In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. 

Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), an Expert Certified Construction Claims Specialist (ECCCS), an Expert Certified Construction Delay Analyst (ECCDA) and a Project Management Professional (PMP).