Marketing and Empathy Psychology
Overview of Construction Claims & Disputes

By - James G. Zack, Jr.

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This webinar surveys the entire field of construction claims – contractor claims against owners and owner claims against contractors.  The webinar reviews the three part test (entitlement, causation, and damages) that all claimants must meet and how this test applies to all claims.  It also surveys how claims apply under all current forms of project delivery to illustrate that there is no such thing as a “bullet proof” contract.

Specific things that attendees will learn:

  • Identifies the most common causes of construction claims.
  • Discusses the “universe of construction claims” including – directs & constructive changes; differing site conditions; directed & constructive suspensions of work; force majeure events; delays; directed & constructive acceleration; & terminations for convenience & default.
  • Explores both contractor and owner claims against the other party.
  • Demonstrates how the basic 3 part test of a claim (entitlement, causation, and damages) applies to each type of claim.
  • Educates attendees on how to prepare and present or analyze and settle or defend against construction claims.
  • Set forth typical claim damages.
  • Discusses construction claims under various project delivery methods.
  • Sets forth various dispute resolution methodologies and the dispute resolution staircase.

Who will benefit from this event:

  • Owner & contractor project managers
  • Design professionals performing services during construction.
  • Construction managers – Agency & Construction Managers@Risk

What are the benefits attendees will walk away with:

  • Learn how to recognize that all parties to a construction contract must anticipate changes and claims.
  • Be exposed to the fundamentals of contracts and claims.
  • Explore the “universe of construction claims”.
  • Understand how the basic 3 part test of a claim (entitlement, causation, and damages) applies to each type of claim.
  • Become familiar with the burden of proof requirement all claimants (both owners and contractors) must meet.
  • Contractors will learn how to prepare and present construction claims.
  • Owners will understand how to analyze and settle or defend against construction claims.
  • Contractors and owners will leave with a better understanding of why claims must be dealt with on the jobsite as quickly as possible.
  • Appreciate the downside risk of leaving claims and disputes to fester until the end of a project.

What concrete results will attendees be able to achieve at work once they have attended this webinar?

  • Gain a better understanding of construction claims from both the owner and contractor perspective.
  • Learn their roles in the construction claims & dispute avoidance process.


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Speaker Detail

James G. Zack, Jr.

Jim is the Principal, James Zack Consulting, LLC. Formerly Senior Adviser, Ankura Construction Forum™, Executive Director, Navigant Construction Forum™, and previously Executive Director, Corporate Claims Management Group, Fluor Corporation. Prior to this, Vice President of PinnacleOne and Executive Director of the PinnacleOne Institute and earlier a Senior Construction Claims Consultant for CH2M HILL. For more than 49 years, he has prepared and submitted claims for contractors or analyzed and resolved or defended claims for both public and private owners in 36 states in the U.S. and 39 countries abroad. He is a Fellow of AACE, the Royal Institution of Chartered Surveyors, the Guild of Project Controls, and the Society of Construction Claims Specialists. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. Jim has authored or co-authored 125 articles, papers, or book chapters related to the many aspects of construction claims. He is a Certified Construction Manager, a Certified Forensic Claims Consultant, an Expert Certified Construction Claims Specialist, an Expert Certified Construction Delay Analyst, and a Project Management Professional.

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