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Hot v. Cold Suspension: Meeting the 12-Part Test for Compensable Time Extension

Venue

This is a virtual event, accessible online and over the phone. Access instructions will be provided after registration.

Description

Presented by: James G. Zack, Jr., CCM, CFCC, FAACE, FGPC, FRICS, PMP
Senior Advisor, Ankura Construction Forum™

Introduction

The contract has been awarded and notice to proceed issued. The contractor has started work. The owner issues a suspension of work directive and the contractor shuts down all or part of its work awaiting the return-to-work order. The contractor believes it is entitled to recover all delay and all time-related delay damages. Is the contractor, right? Is the owner on the hook for all delay damages? As Max E. Greenberg commented in 1984 – “It ain’t necessarily so!”

Exclusive Publication - First Release

Attendees will receive a copy of Jim's just-published paper - Suspend Work "...Remain on Standby..." - Three Key Words - available exclusively with this webinar.

This webinar examines why owners must have a suspension of work clause in their contracts and how these clauses work. It identifies what damages are typically owed when an owner stops all or part of the work and outlines some typical limitations of suspension damages found in many contracts.

Additionally, the webinar discusses five key court cases decided between 1996 and 2015 that set forth key requirements necessary to collect damages arising from a suspension of work directive. Finally, the webinar offers recommendations on what actions contractors can take to protect the recovery of such damages and why these actions may help owners resolve such claims in the field rather than the courtroom.

Highlights - Webinar attendees will:

  • Learn the difference between “cold standby” and “hot standby.”
  • Discover why it is critical for contractors to get the owner’s direction on exactly what they want the contractor to do during the suspension period.
  • Understand how Suspension of Work Clauses work and why they are needed.
  • Explore what damages are recoverable under typical suspension clauses.
  • Learn about limitations on recoverable damages.
  • Be exposed to a series of court cases that have redefined what needs to be proven to recover damages.
  • Be aware of the current 12-point test for recovery of suspension damages.
  • Learn what actions contractors should take to protect their right to collect damages due to an 
    owner-issued suspension of work.
  • And much, much more!

Benefits - This webinar discusses:

  • The two types of suspensions of work.
  • Typical causes of work suspensions.
  • Why an owner needs a Suspension of Work clause in their contract.
  • The operation of the clause.
  • Recoverable damages arising from work suspensions.
  • Limitations on recoverable damages.
  • The erosion of damages caused by recent court decisions.
  • The current tests for suspension of work damages.
  • What actions contractors should take to protect their rights to recover damages.
  • And, how these actions may help owners resolve suspension of work claims in the field, not in the courtroom.

This event features key insights from our knowledgeable construction expert:

Jim G. Zack, Jr., CCM, CFCC, FAACE, FGPC, FRICS, PMP
Senior Advisor, Ankura Construction Forum™

In addition to his own consulting firm, Jim is Senior Advisor for the Ankura Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally.  Formerly, Jim was the founder and Executive Director of the Navigant Construction Forum™.  Previously he served as the Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne and Executive Director of the PinnacleOne Institute; and Senior Construction Claims Consultant, CH2M HILL, Inc.  With 47 years’ experience he is a recognized expert in mitigation, analysis and resolution or defense of construction claims.  A Fellow of AACE, the Royal Institution of Chartered Surveyors and the Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager and a Project Management Professional, as well as an internationally known author and speaker on construction claims.

 

*The Construction Claims Advisor site (ConstructionClaims.Com) provides the twice-monthly Construction Claims Advisor newsletter featuring court and board of contract appeals case summaries and commentary, plus a growing library of more than 50 recorded webinars you can download 24/7. Click here to view the complete library

 


Gather your team for maximum benefit! Your investment is for one dial-in. There is no limit to the number of participants at your location. Don't miss out on the must-have information that will be presented — sign up today!

Does one or more dates create a schedule conflict? Select an option above to download a copy of the complete conference recordings to listen in at your convenience. Have questions or need help?  Call customer service at 301-765-9525.

Who Will Benefit? This webinar is a must for...

  • Owners and owner representatives managing capital improvement projects.
  • Contractor executives, project managers, project sponsors and project controls personnel.
  • Construction managers and design professionals performing services during construction.
  • Attorneys representing owners, contractors, construction managers & design professionals performing services during construction.

Continuing Education

Credits:
1.5 CE
Level:
Any
Production Date:
07/09/2019

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