D2: Management of Changes, Claims and Disputes on Construction Projects  

Wednesday - Thursday, June 27-28, 2018
1.2 CEUs

Zack_JimInstructor:  James G. Zack, Jr. CFCC FAACE
Jim is the Principal of James Zack Consulting, LLC a construction claims consultancy and Senior Advisor, of the Navigant Construction Forum™. Formerly he was the Executive Director, Corporate Claims Management Group, Fluor Corporation. He was previously Vice President of PinnacleOne and Executive Director of the PinnacleOne Institute and Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for 45 years, worked on both private and
public projects throughout the U.S. and in 28 countries abroad. He has worked for both
contractors and owners on more than 5,000 claims in his career. Mr. Zack is a Fellow of AACE,
RICS and the International 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 CCM, CFCC and PMP.
Description

This course provides attendees with the knowledge and skills necessary to manage the
construction change order process and analyze and resolve claims on the project site, not in
the courtroom. The course identifies the 11 basic types of claims recoverable under most
construction contracts and then goes on to provide information on the elements of entitlement
and causation for each type of claim. The issue of delay analysis and recoverable damages
will also be covered. Checklists for each type of claim and a series of specialized reports
dealing with various claim types will also be provided.

Content:  Intermediate

Key Learning Objectives

By the end of the course, attendees should:
Have a good understanding of claims & how to resolve them without litigation
Be able to identify potential claims as they arise
Understand what actions need to be taken when a potential claim is identified
Be knowledgeable of the rule for each claim type
Be familiar with the elements of proof for each type of claim
Know what need to be documented and how, and
Understand how to avoid claim situations or resolve them in the field, not the courtroom

Knowledge Areas
Change order management; construction claims identification focusing on entitlement,
causation and damages (both time & cost); and claim resolution

Agenda

Day 1                    
1:00          Course Registration
1:15          Course Overview
1:30          Introduction – Changes & Claims
2:00          How & Why Claims Arise
2:30          Notice Issues
3:00          Break
3:15          What Is a “Change Order”
3:30          Definition of a “Claim”
3:45          Directed Change Claims
4:15          Constructive Changes
4:45          Differing Site Condition
5:15          Adjourn      

Day 2                    
7:30         Continental Breakfast
8:00         Directed Suspensions of Work
8:30         Constructive Suspensions of Work
9:00         Force Majeure (Excusable Delay) Events
9:15         Delay
10:00       Break
10:15       Delay
11:30       Acceleration
12:00       Lunch
1:00         Constructive Acceleration
1:30         Terminations
2:15         Damages
3:00         Break
3:15         Claim Analysis & Resolution
4:00         Final Case Study – Preparation
4:30         Final Case Study – Discussion
5:00         Adjourn

$1050 member / $1200 non-member

NOTE: Add $100 if you are not staying at the host hotel. Book your room before registering for the seminar to lock-in the rate listed above. Add $100 for late registration (after May 21) and an additional $100 for on-site registration. Seminar is subject to cancellation if minimum enrollment is not met 30 days prior.  Please register by May 21.  Notification of seminar cancellations will be announced May 23.   

Professional Development & Technical Resources