Construction Delays and Cost Overruns in 2021: Supply Chain Issues, Concurrent Delays and Scheduling

Contractors, Subs, Developers, Owners: Identifying, Assessing, and Mitigating Project Impacts

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


Conducted on Wednesday, June 9, 2021

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will advise construction counsel on the continued impact of COVID-19 construction projects and the legal implications that may arise from business interruptions due to the global supply chain's erratic status. The panel will address counsel for various construction stakeholders who can handle concurrent delays and scheduling issues and determine the best practices for mitigating the impact the pandemic has had on construction projects.

Description

The global spread and continued surges of COVID-19 have generated unprecedented disruptions, and uncertainty on construction projects due to travel restrictions, social distancing, quarantines, and contractors' and governmental inspectors' availability, resulting in project delays and increased costs.

The pandemic will unleash contractor claims for time extensions, delay damages, project disruptions, and labor inefficiencies. Delays directly caused by COVID-19 may be "excusable" under the contract because the pandemic is a "cause." Regardless of whether a project is totally shut down or only delayed and disrupted, counsel must consider the impact of relevant local and state restrictions.

Owners must identify relevant contractual provisions and communicate with its contractor to mitigate project impacts. Depending upon a construction project's circumstances, the owner may consider suspending or terminating the project due to COVID-19.

The type of delay is also a factor, as some delays are "concurrent" when the project's critical path has multiple events not exclusively controlled by one party. Whether a delay is concurrent depends on the responsible party's identity and whether it was on the project's critical path. A contemporaneous delay that does not affect the critical path may not be concurrent for schedule review and analysis purposes.

Whatever the type, construction delays may not appear on schedule updates but are revealed when reviewing project documentation. Counsel must work with stakeholders to ensure the project's documentation reflects the deal as it stands over time.

Listen as our authoritative panel discusses the impact of COVID-19 on the continued construction delays, best practices for owners and contractors to address these delays, and how concurrent delays and scheduling may be affected by the pandemic.

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Outline

  1. Construction delays
    1. COVID-19
    2. Supply chain issues
  2. Owner concerns
  3. Contractor concerns
  4. Concurrent delays
  5. Schedule updates

Benefits

The panel will review these and other relevant topics:

  • What are the key delay and suspension principles that apply in connection with COVID-19 impacts?
  • What common law doctrines may excuse performance failures triggered by supply chain disruptions, economic shocks, and other COVID-19 impacts?
  • What is a concurrent delay, and how does it impact construction projects?
  • How can counsel revise documentation to reflect schedule updates?

Faculty

Rosen, Stuart
Stuart Rosen

Partner
Tannenbaum Helpern Syracuse & Hirschtritt

With more than 20 years of experience, Mr. Rosen represents clients in all aspects of public and private construction...  |  Read More

Ward, Tara
Tara L. Ward

Partner
Wiley Rein

Ms. Ward counsels and represents government contractors and subcontractors on a broad range of government contracting...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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