Constructive Acceleration - At Home & Abroad

Duration 90 Mins
Level Basic & Intermediate & Advanced
Webinar ID IQW15C7023

Among the topics covered in this 90-minute webinar are the following:
  • The history of constructive acceleration in the U.S
  • The elements of proof necessary to recover under this claim
  • The potential for claim recovery in the following countries:

               Australia, Brazil, Canada, China, Colombia, Egypt, France, Germany, Hong Kong, India, Indonesia, Ireland, Malaysia. Oman, Singapore, South Africa, Sri Lanka, Trinidad and Tobago, United Arab Emirates and the United Kingdom

Overview of the webinar

Constructive acceleration is judge made law created by the Boards of Contract Appeals in the 1960’s to establish an equitable remedy for contractor recovery when owners refuse to recognize delay. In the U.S. there is a standard six part test to prove entitlement to a constructive acceleration claim. Most U.S. contractors are familiar with the claim concept and what has to be proven. However, constructive acceleration is not well accepted in other countries around the globe.  Notwithstanding this lack of global acceptance, research indicates that in most countries surveyed contractors can recover under such situations. This webinar explores potential avenues of recovery for contractors in 20 different countries.


Who should attend?

  • Legal Counsel advising clients performing international work
  • Design Professionals and Construction Managers working on international projects
  • Contractors and Subcontractors performing international projects

Why should you attend?

  • How to perfect a constructive acceleration claim under U.S. law
  • Learn how to recover when faced with constructive acceleration situation in a number of other countries around the globe
  • Understand the common themes supporting alternative legal theories around the globe
  • Receive practice tips on how to reserve rights and successfully prosecute such a claim

Faculty - Mr. James G. Zack

Jim is the Senior Advisor, Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was eh founder and Executive Director of the Navigant Construction Forum™.  Formerly he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for 47 years, worked on both private and public projects throughout the U.S. and in 28 countries abroad. Mr. Zack is a Fellow of AACE International, the Royal Institution of Chartered Surveyors, and the Guild of Project Controls.  In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes.  Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC) and a Project Management Professional (PMP).  Mr. Zack is an internationally recognized author and speaker in the construction claims and disputes arena.

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