Overview of Construction Claims & Disputes

Learn about 11 Basic Types of Construction Claims and Various Dispute Resolution Methodologies

This Webinar by industry expert James G. Zack, Jr will discuss the 11 basic types of construction claims included in most standard contracts used throughout the U.S. – AIA, ConsensusDOCS, EJCDC, etc. It will outline the entitlement and causation elements of each type of claim that the claimant must demonstrate in order to justify their right to prevail.

The webinar highlights the following types of construction claims – claims for directed changes; constructive changes; differing site conditions; directed suspensions of work; constructive suspensions; force majeure events; delays; accelerations; constructive accelerations; terminations for convenience; and, terminations for default.  The webinar also identifies several types of owner claims against contractors.  The elements of the burden of proof required of all claimants are presented. The basic requirements concerning damages are covered. A discussion of claims under various project delivery methods and a summary of an accepted claims preparation and analysis methodology are included in this webinar.  The webinar will conclude with an outline of various dispute resolution methodologies. 

Webinar Objectives

• Recognize that all parties to a construction contract must anticipate changes and claims.
• Be exposed to the fundamentals of contracts and claims.
• Discuss the “universe of construction claims”.
• Demonstrate how the basic three part test of a claim (entitlement, causation and damages) applies to each type of claim.
• Understand the burden of proof requirement all claimants (both owners and contractors) must meet.
• Educate attendees on how to prepare and present or analyze and settle or defend against construction claims.
• Learn how contractors and owners must deal with construction claims situations and events.
• Appreciate the downside risk of leaving claims and disputes to fester until the end of a project.

Webinar Agenda

• Introduction
• Contractor Claims vs Owners
• Owner Claims
• Burden of Proof
• Damages
• Claims & Project Delivery Methods
• Claims Preparation & Analysis
• Dispute Resolution Methods

Webinar Highlights

• Identifies the most common causes of construction claims 
• Discusses the “universe of construction claims”
• Explores both contractor and owner claims against the other party
• Demonstrates how the basic three 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 claims damages
• Discusses construction claims under various project delivery methods
• Sets forth various dispute resolution methodologies and the dispute resolution staircase

Who Should Attend

• Owners & Contractor Project Managers
• Resident Engineers & Architects
• Agency Construction Managers
• Construction Managers@Risk
• Design Managers
• Legal Counsel representing project participants