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

Concurrent Delay - The Owner's Newest Defense (CCL2302)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    James G. Zack Jr. CCM, CFCC, FAACE, FRICS, PMP, Emily Federico
  • Conference Date
    Tue, September 30, 2014
  • Length
    90 minutes

When a project gets delayed, liquidated damages are imposed by the project owners at the end, and the project contractors blame it on concurrent delay. Project contractors argue that a part or all of the delay in completion of the project was because of the owner or an external force, concurrent with the contractor's delays, and therefore liquidated damages should be forgiven or excused. Generally, project owners impose liquidated damages at the completion of the project, thus, a project contractor does not submit his concurrent delay claims until the end of the project.

Properly assessing concurrent delay and comprehensively understanding today's concurrent delay doctrine in U.S. law can be one of the most difficult challenges while resolving delay claims.

The audio conference Concurrent Delay - The Owner's Newest Defense by James G. Zack, Jr., & Emily Federico explores mechanisms, based on recent court rulings that owners employ to defeat a contractor's "concurrent delay defense".

Some of the topics that will be covered in the session:

  • The term concurrent delay
  • The genesis of the concurrent delay d octrine in the U.S. law
  • Why concurrent delay is important to both owners and contractors?
  • When most concurrent delay assertions are made on typical projects
  • Discuss the owners newest defense against concurrent delay assertions under
  • M. Maropakis Carpentry v. U.S.
  • Opinski Construction v. City of Oakdale
  • Summarize the impact of Maropakis & Opinski decisions
  • Practical tips for owners who use liquidated damages clauses
  • Useful tips for contactors seeking to preserve their rights to concurrent delay issues

Register now and learn how to defend against concurrent delay allegations and get practical advice to deal with the issues of concurrent delay.


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About the Presenter(s)


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

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

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