Construction Acceleration Claims and Defenses: Strategies for Owners, General Contractors, and Subs
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide construction practitioners with strategies for pursuing, defending and preventing acceleration claims. The panel will discuss the perspectives of owners, general contractors and subcontractors, offer guidance for managing claims, and discuss contractual provisions that can help parties equitably resolve them as projects move forward.
Outline
- Construction acceleration
- Elements of a claim
- Available remedies
- Notice requirements
- Schedule proof – schedule was reasonable and feasible, concurrent delays, etc.
- Impact on parties
- Owner perspectives
- General contractor perspectives
- Subcontractor perspectives
- Preventing claims
- Contract terms
- Schedule analysis by a third party to determine validity of schedule, etc.
- Practical considerations
Benefits
The panel will review these and other key issues:
- How can counsel address claims of acceleration in the absence of clear evidence of inducement?
- To what extent are upstream parties responsible for damages stemming from acceleration claims by subcontractors and their downstream contractors and suppliers, as well as the downstream liability for delay that causes upstream acceleration?
- Is insurance coverage available for damages arising from acceleration claims?
Faculty
Tymon Berger
Atty
Berger Construction Law
Mr. Berger represents contractors and owners with construction disputes. A builder turned construction lawyer, he... | Read More
Mr. Berger represents contractors and owners with construction disputes. A builder turned construction lawyer, he understands the importance of protecting clients and developing the best legal outcomes possible. Mr. Berger handles complex claims, including change orders, defective design, delay and productivity impact; contract review and negotiation; regulatory compliance; liens; and bid protests. He has secured hundreds of millions of dollars for clients in both pursuing and defending against bid protests. Additionally, Mr. Berger works with owners and contractors in establishing parameters for BIM and VDC processes, and in forming and implementing collaborative construction agreements for deliveries utilizing IPD; GC/CM, MC/CM, and EC/CM; and design-build. He also represents contractors with complex public-works disputes.
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Grant J. Hoey
Project Manager
The Vertex Companies
Mr. Hoey currently works for The Vertex Companies doing construction claims consulting. He has previously worked for... | Read More
Mr. Hoey currently works for The Vertex Companies doing construction claims consulting. He has previously worked for companies such as: Kiewit, J.E. Dunn Construction and FTI Consulting.
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John E. Sebastian
Managing Partner
Watt Tieder Hoffar & Fitzgerald
Mr. Sebastian focuses his practice primarily in the areas of surety bond, construction and commercial litigation. With... | Read More
Mr. Sebastian focuses his practice primarily in the areas of surety bond, construction and commercial litigation. With an undergraduate degree in construction engineering technology, and a wealth of practice experience in-house and in private practice, he is well equipped to both counsel and protect his construction industry clients in their challenging legal matters. Mr. Sebastian has represented sureties, contractors, architects, engineers, design/builders, and trade contractors in payment disputes, design defect claims, delay claims, defective work claims, and contractor, subcontractor and owner bankruptcies. His construction law matters include design defect claims, delay and disruption claims, labor productivity, contract interpretation, differing site conditions, and surety bond and mechanics lien claims.
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