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

Cumulative Impact Claims - What are they and when are they Appropriate (CCL718B)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    John Livengood
  • Conference Date
    Tue, July 17, 2018
  • Length
    90 minutes

Understand the Basics of Cumulative Impact Claims – and Prove Your Damages with Actual Cost

Cumulative impact claims have emerged as a major type of claim as contractors try to recover unplanned costs associated with non-critical work. While critical path delay causes significant time-related injury to contractors, impact claims – particularly cumulative impact claims – are more associated with productivity problems. They also bring a significant number of technical/legal hurdles for recovery. As a contractor or construction professional, you must should know why such claims fail – and what you can do to make yours succeed.

Join this webinar, where construction management expert John Livengood will bring you up to speed with the recent case law, and demonstrate – with the help of real and hypothetical examples – what data you need to collect to successfully establish cumulative impact. He will walk you through successful cumulative impact claims, help you understand why some claims fail, and also teach you how to calculate and prove yours. You will learn how claims are attacked – and identify the weak links when defending yours.

You will also understand how such claims work in the real world, what pitfalls to avoid, and how to make your claim – starting from a proposed change order, all the way to a court hearing, including the type of analysis needed to explain your data.

After attending the webinar, you will be able to confidently prepare your documentation, know when to submit it, and understand which type of claim will be most effective in your situation.

Session Objectives

This information-packed session will help you learn the following:

  • When is a cumulative impact claim appropriate?
  • When are alternative claim types more appropriate?
  • What do courts require to prevail on such a claim?
  • What data do they need to assemble?
  • How to present such data?
  • What pitfalls to avoid?
  • What is the relationship between lost productivity and cumulative impact?
  • What are the damages on and off the critical path?

Session Highlights

This program will discuss:

  • What is a cumulative impact claim?
  • Why do you need to know about cumulative impact claims?
  • What is the character and “quantity” of impacts needed to establish cumulative impact?
  • What are the court-identified tests for recovery of cumulative impact claims?
  • What are some examples of successful cumulative impact claims?
  • Why such claims fail?
  • How do you prove such claims?
  • How do such claims get attacked, and how successful are such attacks?
  • How are cumulative impact damages calculated?
  • Are there any alternatives to cumulative impact claims?

Who Should Attend

  • Construction executives
  • Project managers
  • Project engineers
  • Contract managers
  • Superintendents
  • Schedulers and planners
  • Claims consultants
 

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About the Presenter(s)

 

John LivengoodJohn Livengood is a Managing Director with Navigant's Global Construction Practice and  has 40 years of experience in construction, design, delay analysis and litigation support. John's areas of expertize include: co...More Info

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