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

Concurrent Delay - Is It Really A Get Out of Jail Free Card? (CCLN73Z)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    Emily Federico , James G. Zack Jr. CCM, CFCC, FAACE, FRICS, PMP
  • Conference Date
    Tue, November 14, 2017
  • Length
    90 minutes

How the Concurrent Delay Mechanism Works for Project Owners and Contractors

When owners and contractors battle at the conclusion of a project that has been delayed, owners try to impose liquidated or actual damages, and contractors allege concurrent delay. The contractor’s position in these cases is often that the owner delayed the project at the same time the contractor did, and so some of the damages for late completion are not the contractor’s fault. Concurrent delay claims or arguments are not usually made until after the project is finished, because owners don’t claim damages for late completion until the project ends.

This session by expert speakers Emily Federico and James G. Zack, Jr. will explore the mechanisms of these arguments based on recent court rulings that owners have used to defeat a contractor’s concurrent delay defense. Emily and James will define the term “concurrent delay,” discuss the background of today’s concurrent delay doctrine in U.S. law, explore three recent court cases—two federal and the third state—that provide owners some defenses, and offer practical advice to owners and contractors when dealing with the issue of concurrent delay.

Session Highlights

  • Define the term concurrent delay
  • Discuss the genesis of the concurrent delay doctrine in U.S. law
  • Discuss why concurrent delay is important to both owners and contractors
  • Highlight when most concurrent delay assertions are made on typical projects
  • Discuss the owners’ newest defense against concurrent delay assertions based on two federal court cases and one state court case
  • Summarize the impact of these three recent court decisions
  • Offer practical tips for owners who use liquidated damages clauses
  • Offer practical tips for contractors seeking to preserve their rights to concurrent delay issues
  • Discuss “war stories” about certain projects where concurrent delay is/was an issue

Who Should Attend

  • Owners about to embark on a new project
  • Legal counsel to owners
  • Design professionals and construction managers
  • 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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