Construction Delay Damages Claims: Litigating Design Changes, Differing Site Conditions, and Sources of Delay
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide construction counsel on effective strategies for proving or defending claims for construction delay damages. The panel will also outline best practices to minimize construction delay litigation.
Outline
- Types of construction delays
- Excusable vs. non-excusable
- Compensable vs. non-compensable
- Critical vs. non-critical path delays
- Concurrent delays and non-concurrent delays
- The concept of pacing
- Proving or defending delay claims
- Proving the causes of critical path delays
- Project records relevant to delay claims
- Use of scheduling experts
- Proving or defending delays claims to a jury or arbitrator
- Proving or defending damages
- Contractor's damages for delay
- Extended general conditions
- Extended home office overhead
- Consequential damages
- Owner's damages for delay
- Scope of recoverable damages
- Liquidated vs. actual damages
- Consequential damages
- Contractor's damages for delay
- Best practices to minimize construction delay claim litigation
- Contract provisions
- Mediation of disputes
- During project
- After project completion
Benefits
The panel will review these and other key questions:
- What are the most common types of construction delay claims?
- What factors are taken into account when determining whether a delay is excusable or compensable?
- What are some common methods of calculating damages for delay?
- How can well-crafted construction contracts be used to assert or defend construction delay claims?
- What steps can owners and contractors take to minimize the likelihood of construction delay litigation?
Faculty
Timothy L. Pierce
Managing Partner
Pierce Kavcioglu Espinosa & Cesar
Mr. Pierce’s practice almost exclusively involves legal matters in the construction industry. He works with... | Read More
Mr. Pierce’s practice almost exclusively involves legal matters in the construction industry. He works with construction industry clients from the inception of a project and the formation of contracts to the resolution of claims in litigation. He has extensive trial experience in construction matters, and his construction experience includes prosecuting and defending construction contract, construction defect and design defect claims on behalf of owners, contractors and design professionals on both private and public projects. He also assists contractors with bid protests and MBE and DBE matters. In addition to his construction law practice, he also focuses on insurance and risk management issues in the construction industry, with an emphasis on representing insureds to maximize coverage for construction claims.
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Stanley A. Martin
Principal
Commonsense Construction Law
Mr. Martin has been involved with the construction industry for more than 45 years, starting with an undergraduate... | Read More
Mr. Martin has been involved with the construction industry for more than 45 years, starting with an undergraduate degree in architecture, followed by several years working in construction prior to law school, and continuing with a construction law practice for over 35 years. His work has focused in New England but has involved projects in New York, Washington, DC, Miami, New Orleans, San Francisco, and Chicago, among others. He has consulted on project delivery choices, drafted and negotiated hundreds of contracts, and provided counsel and advice on project issues and contract rights/obligations. His work has also included arbitration and litigation of disputes that could not be resolved, and he has conducted more than 100 trials as an advocate.
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