Common Mistakes Owners & Contractors Make That Cause Claims

On-Demand Schedule Fri, May 24, 2024 - Fri, May 31, 2024
Duration 90 Mins
Level Basic & Intermediate & Advanced
Webinar ID IQW23F0603

  • Owners will discover the risks of issuing time and material changes.
  • Owners will learn how to deal with RFIs properly in order to avoid claims.
  • Owners will become aware of the risk of giving verbal directives for contractors to proceed with changes without written change orders.
  • Owners will understand the risk of waiver when they object to submittal of written notices from contractors.
  • Contractors will be exposed to the downside risks of not providing timely, written notices to owners when potential cost or time impact events arise.
  • Contractors will discover the risk of not tracking time and costs of changes separately. 
  • Contractors will be aware of the danger of not creating a well thought out baseline schedule and issuing accurate schedule updates.
  • Both owners and contractors will be provided with a series of lessons learned designed to help both sides avoid such mistakes.

Overview of the webinar

When asked about the most common causes of construction claims, owners and contractors often recite a lengthy list including changes, delays, site conditions, lost labor productivity, etc.  However, recent global surveys of the top five causes of claims found that contract administration issues are the largest cause of claims.  Experience indicates  that contract administration issues are not caused solely by one party to the contract but rather are caused by both owners and contractors.  This webinar identifies the top ten mistakes owners make that cause claims, as well as the top ten contractor mistakes that give rise to disputes.  With each, the presenter provides practical advice on how to avoid such mistakes.

Who should attend?

  • Public and private owners working on capital improvement projects.
  • Contractors and subcontractors working on such projects.
  • Legal counsel assisting construction clients.
  • Design Professionals and Construction Managers involved in both public and private construction contracts.

Why should you attend?

Attendees will learn about the legal risks and practical problems that arise …

 

  • Due to the failure to settle delays as they arise.
  • When RFI’s are used to correct errors or redesign the project.
  • When owners actively discourage written notices.
  • When contractors proceed with changes without written change orders.
  • When time and cost damages are not tracked separately from base scope time and costs. 
  • When contractors are required to finance owner caused changes.

Attendees will be able to identify potential construction claims and disputes when they arise.  If attendees can identify potential claims as they arise, they will be better equipped to resolve such issues before they morph from an issue to a claim or legal dispute.

 

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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