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

Is the Concurrent Delay Defense Dead? (CCL961Z)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    Emily Federico , James G. Zack Jr. CCM, CFCC, FAACE, FRICS, PMP
  • Conference Date
    Wed, September 13, 2017
  • Length
    90 minutes

Recent Court Ruling Mechanisms Owners can Use to Defy Concurrent Delay Defenses of Contractors

In an event of delayed project, when owners try to impose liquidated damages on contractors, the latter respond to such allegations with an excuse of concurrent delay. That is, contractors argue that some or all of the project delay was actually caused either by the owner or an external force, concurrent with the contractor’s delays, and therefore liquidated damages should be forgiven or excused.  As owners generally do not impose liquidated damages until the end of the project, frequently a contractor’s claim of concurrent delay is not submitted until the project is complete.

This webinar by expert speakers Emily Federico & James G. Zack, Jr. explores mechanisms based on recent court rulings that owners employ to defeat a contractor’s “concurrent delay defense”.

The webinar also defines the term “concurrent delay”; discusses the background of today’s concurrent delay doctrine in U.S. law; explores two recent court cases – one Federal and the other State – which provide owners with some new defenses; and offers practical advice to owners and contractors when dealing with the issue of concurrent delay.

Session Highlights:

  • Defining the term concurrent delay
  • The genesis of the Concurrent Delay Doctrine in U.S. law
  • Why concurrent delay is important to both owners and contractors
  • When is most concurrent delay assertions made on typical projects?
  • The owners newest defense against concurrent delay assertions under:
  • M. Maropakis Carpentry v. U.S.
  • Opinski Construction v. City of Oakdale
  • The impact of Maropakis & Opinski decisions
  • 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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