Speaker Profile
JAMES G. ZACK
James Zack is the Senior Advisor and former Executive Director, Navigant Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne; and Senior Construction Claims Consultant, CH2M HILL, Inc. With 45 years’ experience, he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE and RICS and a Fellow of Forensic Analysis from the International Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager, and a Project Management Professional as well as a nationally known author and speaker on construction claims.
BEST SELLER - Proving & Pricing Subcontractor Delay Claims
Much has been written over the years about proving and pricing contractor claims on construction projects. But little has been published about or presented on subcontractor delay claims. Do subcontractors have the same rights and remedies as the prime contractor? Are they held to the same standards? What are their legal rights? Do owners owe time extensions for subcontractor delays? Are prime contractors at..
Calculating Contractor Jobsite Overhead Delay Costs
Learn about the recoverability of extended field office overhead costs in the event a compensable delay arises on a project General Contractors and subcontractors will gain information on the various accepted methods of calculating this element of delay damagesOwners will be exposed to various methods of specifying this element of delay damages in contracts to avoid disputes later should a compensable delay..
Changes and Change Order Management
In order to deliver successful projects on time an in budget, owners and contractors must know how to manage changes to the work during the construction period. This webinar discusses how and why changes arise during the project’s construction phase; what owners can and cannot change; the types of change to the work in progress; how each type of change order should be handled on the site; the rules of contr..
Differing Site Conditions – Who Really Owns The Risk?
The Differing Site Conditions clause is one of the oldest clauses used in construction contracts, having been created by the U.S. Federal government in 1926. It is generally accepted that the object of the clause is to transfer the risk of latent site conditions to the owner, thus enticing contractors to reduce their contingency cost at the time of bid. The promise of the clause is that if the contractor en..
Early Completion Schedules – Benefits, Risks and Defenses
A contractor’s right to complete work early was acknowledged by U.S. Courts in the 1960’s. Delayed early completion claims arose shortly thereafter and became somewhat common in the industry. It was then, and remains now, a controversial issue in the construction industry with many project owners refusing to accept early completion baseline schedules. Others crafted contractual mechanisms to defeat such cla..
Early Warning Signs of Construction Claims and Disputes
It is axiomatic that claims and disputes on a project do not simply appear out of nowhere. Experience indicates that when a dispute occurs, there is normally a back story or history of events, decisions, lack of decisions, etc. that can be traced back from a few weeks to several years that gave rise to the dispute. It is these past events or decisions that are identified as “early warning signs” of cl..
Impact Damages – Fact or Fiction?
In this session, industry veteran Jim Zack will discuss impact damages and what they may include. Attendees will gain a better understanding of impact damage and the issues surrounding this form of damage. This session will also explore 10 types of impact damage claims. For each of the 10 types of impact damage claims, Jim will identify and discuss one or more potential defenses owners may employ to analyze..
Overview of Construction Claims and Disputes
This webinar discusses the 11 basic types of construction claims included in most standard contracts used throughout the U.S. – AIA, Consensus DOCS, EJCDC, etc. The webinar outlines the entitlement and causation elements of each type of claim that the claimant must demonstrate to justify their right to prevail. The webinar highlights the following construction claims – claims for directed changes; construct..
Pacing Delay – The Practical Impact on Project Management & Delay Claims
This webinar is focused on pacing delay, a controversial delay issue in the construction industry. Currently there is little literature on pacing delay and case law is a bit sparse. Thus, owners and contractors often find themselves at odds with one another over the practical effect of pacing delay in a delay claim situation. The webinar defines the term; identifies what constitutes pacing..
Pricing Contractor Jobsite Overhead Delay Costs
When contractors encounter owner caused (excusable/compensable) delay they are typically entitled under the contract to recover both the time resulting from the delay as well as delay damages. Idled equipment/labor and material escalation costs are fairly easily calculated in such situations. Typically, contractors also seek to recover their delay costs (extended field office overhead or general conditions ..
Requests for Information – The Paper War and How To Prevent It
This webinar discusses the genesis of RFIs, their development in the industry and a frequent common use. The webinar discusses the impact of RFIs on construction projects, drawing upon data provided by a global construction software provider and other studies to assess how RFIs and the RFI process impact both small and large construction projects. The webinar addresses the abuse of the RFI process, examinin..
Suspend Work – “Remain on Standby” – What Can A Contractor Recover?
When an owner issues a suspended work directive is the contractor entitled to recover delay and delay damages? This session examines what damages are typically owed when work is suspended and some limitations of suspension damages. Five court cases setting forth key requirements necessary to collect damages are discussed. Recommendations on what actions contractors should take when work is suspended are pro..
The Impact Of Rework On Construction Projects
Rework in the construction industry is frequent and well known. It is a drain on construction productivity, profitability, and the timeliness of project delivery for both contractors and owners. Additionally, the need for rework can have spinoff or downstream impacts for all project stakeholders. The causes of rework are, likewise, very well known - design and construction changes; errors and omissions; pro..
James G. Zack
Recorded Webinar
90 Minutes
Time Extension Requests – What Must A Contractor Prove?
Whether a contractor, an owner, a design professional, or a construction manager, all construction professionals must learn how to prepare, analyze and justify time extension requests. Owners and their representatives are tasked with the responsibility of receiving, analyzing, and recommending a course of action and deciding on all-time extension requests submitted by contractors. Contractors and CM’s@Risk ..
Impact Damages – Fact or Fiction
In this webinar, industry veteran Jim Zack will discuss impact damages and what they may include. You will gain a better understanding of impact damages and the issues surrounding this form of damages. This webinar will also explore 10 types of impact damage claims. For each of the 10 types of impact damage claims, Jim will identify and discuss one or more potential defenses owners may employ to analyze and..