Construction Contract Claims- Delay Claims Preparation and Presentation - Session 10

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This is session 10 of 14 in the Advanced Webinar Series on Contruction Contracts, Claims and Risk Management.

Time is money and that phrase has particular relevance to the construction project and contract claims. Whether delays are unexcused, excusable or compensable depends on an analysis of the causes of delay and the terms of the contract. This webinar discusses the causes and classifications of delay, key contract clauses allocating the risk of delays and extended performance claims as well as topics such as acceleration and inefficiency claims, concurrency, notice requirements, documentation of delay claims and presentation of the claims in dispute resolution processes.

Learning Objectives: After completing this course, you will be able to:

Understand the concept of the critical path and how delays interact with the overall completion date or a Subcontractor’s critical path.
Identify when delays arise under the Changes clause or the Suspension of Work clause and the ramifications on cost recovery.
Recognize and understand the different techniques of schedule analysis and delay presentation.
Understand concurrent delay and the rights and obligations arising when concurrent delay occurs.
Recognize the difference between excusable and unexcused delay and the subcategories of compensable and noncompensable delay.
Understand the No Damages for Delay Clause, the impact thereof on claims, and whether the Severin doctrine affects a pass-through delay claim.

About Our Experts

James Newland

Partner, Dentons US LLP

James Newland is a partner in Dentons US LLP, a licensed architect, and his law practice focuses on major construction and public works projects and includes a mix of non-contentious and contentious matters. He is ranked by Chambers USA which describes him as “very well versed in construction law and construction related issues.” He began practice in 1998.

In his practice, James drafts and negotiates construction contracts and procurement documents and helps clients resolve major complex claims involving construction and design issues on domestic and international projects. He represents national and international contractors and project owners in transactional work, mediation, arbitration and litigation. He has significant experience in vertical construction, power and heavy civil contracting and claims, as well as in design-build, P3, alliance contracting and traditional design-bid build delivery formats. Government construction contracting is a major focus of his work.

Prior to practicing law, James practiced architecture and worked as a project manager on development projects. Given this experience, James is frequently called upon to counsel clients on risk management and allocation, advising on troubled projects during the construction phase, project work-outs and project closeout strategies.

James received a Bachelor of Architecture degree from Virginia Polytechnic Institute and State University and earned his JD from the University of Pittsburgh School of Law.

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Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 888.865.9082.