Why Should You Attend:
During the recent recession, the number of projects and construction companies declined, yet the number of claims rose. While the economy has improved the number of claims has remained high. “Claimsmanship” has proliferated and is equally practiced by owners, contractors, and their representatives. As a result, several trends developed, including:
Declining construction dispute values accompanied by increasing claim resolution durations
Court and Board of Contract Appeal decisions limiting recovery of damages
Increased use of False Claim allegations in response to contractor claims
Contractors asserting new forms of claims
These trends are exacerbated by what the construction bar calls the “vanishing trial.” Between 1938 and 2016 U.S. civil cases going to trial decreased by over 90%, and the decline is accelerating. U.S. “construction law” is derived primarily from case law (previously issued court decisions). As the industry changes and evolves (i.e., new project delivery methods, BIM, Green construction, location based scheduling, etc.) so too, must construction law. The consequences of the vanishing trial are that construction law has stopped evolving and judges are less experienced with complex, technical construction issues.Areas Covered in the Webinar:
This 90 minute webinar explores these growing trends and how to mitigate or avoid their negative impacts on construction claims and disputes. Topics include:
Increasing numbers of devalued construction claims taking longer to resolve
Increasing limitations on recovery of damages related to:
Concurrent delay
Compensable delay
Suspensions of work
Notice and filing requirements
Time extensions
Extended home office overhead
Risk transfer clauses
Differing site conditions
Increased use of False Claims Acts to ward off claims
New forms of claims, including:
Constructive claims
“Under-inspection” claims
“Equipment lost productivity” claims
“Expanded” general conditions claims
Recommendations for both owners and contractors on how to avoid some of these issues on future projects.
During the recent recession, the number of projects and construction companies declined, yet the number of claims rose. While the economy has improved the number of claims has remained high. “Claimsmanship” has proliferated and is equally practiced by owners, contractors, and their representatives. As a result, several trends developed, including:
Declining construction dispute values accompanied by increasing claim resolution durations
Court and Board of Contract Appeal decisions limiting recovery of damages
Increased use of False Claim allegations in response to contractor claims
Contractors asserting new forms of claims
These trends are exacerbated by what the construction bar calls the “vanishing trial.” Between 1938 and 2016 U.S. civil cases going to trial decreased by over 90%, and the decline is accelerating. U.S. “construction law” is derived primarily from case law (previously issued court decisions). As the industry changes and evolves (i.e., new project delivery methods, BIM, Green construction, location based scheduling, etc.) so too, must construction law. The consequences of the vanishing trial are that construction law has stopped evolving and judges are less experienced with complex, technical construction issues.Areas Covered in the Webinar:
This 90 minute webinar explores these growing trends and how to mitigate or avoid their negative impacts on construction claims and disputes. Topics include:
Increasing numbers of devalued construction claims taking longer to resolve
Increasing limitations on recovery of damages related to:
Concurrent delay
Compensable delay
Suspensions of work
Notice and filing requirements
Time extensions
Extended home office overhead
Risk transfer clauses
Differing site conditions
Increased use of False Claims Acts to ward off claims
New forms of claims, including:
Constructive claims
“Under-inspection” claims
“Equipment lost productivity” claims
“Expanded” general conditions claims
Recommendations for both owners and contractors on how to avoid some of these issues on future projects.
