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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

Concurrent Delay - The Owner's Newest Defense (CCL850W)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    Emily Federico , James G. Zack Jr. CCM, CFCC, FAACE, FRICS, PMP
  • Conference Date
    Wed, April 18, 2018
  • Length
    90 minutes

Explore Strategies & Tools to Defeat a Contractor's Concurrent Delay Defense!

Contractors often respond with allegations of "concurrent delay" when owners impose liquidated damages at the end of a delayed project. Contractors tend to allege that the project delay was either caused by the owner or due to an external force. Justifying that they were concurrent with the contractor's delay, they claim that liquidated damages be forgiven or excused.

However, often, a contractor's claim of concurrent delay is not submitted until the project is complete because owners generally do not impose liquidated damages until the end of the project. This webinar by expert speakers, Emily Federico & James G. Zack, Jr., explores mechanisms based on recent court rulings that owners can employ to defeat a contractor's "concurrent delay defense".

You will understand the true meaning of 'Concurrent delay' and know the background of the concurrent delay doctrine in U.S. law. This session will also explore two recent federal and state cases which will provide a fresh outlook to owners on defending themselves. Plus, both owners and contractors will get practical advice to deal with concurrent delay issues.

Session Highlights:

  • What is the definition of concurrent delay?
  • Genesis of the Concurrent Delay Doctrine in US law
  • Why concurrent delay is important to both owners and contractors?
  • Find out when most concurrent delay assertions are made on typical projects
  • New defense of owner against concurrent delay assertions
  • Case Example: M. Maropakis Carpentry v. U.S.
  • Case Example: Opinski Construction v. City of Oakdale
  • Summary of the impact of recent Federal and state cases
  • Practical tips for owners who use liquidated damages clauses
  • Practical tips for contactors seeking to preserve their rights to concurrent delay issues

Who Should Attend

  • Owners about to embark on a new project
  • Legal counsel to owners looking for ways to protect against end of the project concurrent delay clams
  • Design professionals and construction managers involved in preparation and issuance of contract documents
  • Contractors involved in projects with liquidated damages clauses


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About the Presenter(s)


Emily FedericoEmily Federico is an Associate Director in the Fairfield, CT office of Navigant Consulting, Inc.  Ms. Federico’s experience includes the preparation and analysis of various schedule delay, acceleratio...More Info

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 ...More Info

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