C2: Management of Changes in Construction Claims

Wednesday - Thursday, July 1-2, 2020 (1.5 DAYS)
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

$1150 member / $1300 non-member

NOTE:  Fee includes hot breakfast, lunch (for the full day), and morning and afternoon refreshment breaks each day.  Late (after May 21) and onsite registrations assessed a $100 penalty.  Seminar is subject to cancellation and full refund if minimum enrollment is not met by the early registration deadline.    

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