Construction Delay Claims: Proving and Defending Damages

Litigating Disputes Over Design Changes, Differing Site Conditions and Other Sources of Delay

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, August 9, 2011

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to 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.


Construction delays are common in the building industry; they can result from permit and approval problems, design issues, price disputes, differing site conditions, and a number of other issues. Construction delays are among the most frequently litigated construction disputes.

Construction delay litigation often centers on whether a delay was excusable, its impact on productivity, and if the delay was non-excusable, appropriate compensation for resulting damages.

Construction counsel proving or defending damages in delay claims can arm themselves with effective litigation strategies to achieve the best outcome for their client, including leveraging clauses in the construction contract to strengthen their client's position.

Listen as our panel of construction law attorneys discusses best practices for proving and defending damages arising from construction delay claims. The panel will also discuss proactive steps counsel can take to minimize construction delay litigation.



  1. Types of construction delays
    1. Excusable versus non-excusable
    2. Compensable versus non-compensable
    3. Critical versus non-critical path delays
    4. Concurrent delays and non-concurrent delays
    5. Pacing delays
  2. Proving or defending damages
    1. Contractor’s damages for delay
      1. Extended general conditions
      2. Extended home office overhead
      3. Consequential damages
    2. Owner’s damages for delay
      1. Scope of recoverable damages
      2. Liquidated versus actual damages
      3. Consequential damages
  3. Best practices to minimize construction delay claim litigation
    1. Contract provisions
    2. Mediation of disputes
      1. During project
      2. After project completion
  4. Use of scheduling experts


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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Timothy L. Pierce
Timothy L. Pierce

K&L Gates

He works with construction industry clients from the inception of a project and the formation of contracts to the...  |  Read More

Robert A. Meynardie
Robert A. Meynardie

Meynardie & Nanney

He has more than sixteen years experience helping clients resolve business, real estate, commercial, and...  |  Read More

Stanley A. Martin
Stanley A. Martin

Duane Morris

He practices in the area of construction law, particularly in the areas of contract negotiations, procurement,...  |  Read More

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