Primary Author: James G. Zack, Jr. CFCC FAACE
Audience Focus: Intermediate
Application Type: Application
Venue: 2013 AACE International Annual Meeting, Washington, DC, USA
Abstract: Whether an Agency CM or a CM@Risk, construction managers must learn to analyze and justify their decisions concerning time extension requests. As an Agency CM it is not uncommon for the construction manager to be tasked with the responsibility of receiving, analyzing and recommending a course of action on time extension requests submitted by contractors. As a CM@Risk the construction manager may be called upon to submit a time extension request on their own behalf and/or analyze time extension requests submitted by their subcontractors. This presentation identifies the tests that have been set forth by the Federal Courts to justify an excusable or compensable time extension. The presentation discusses how these rules are applied, whether submitting or analyzing, a time extension request. The presentation discusses the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Finally, the presentation highlights two new court rulings which may be “game changers” concerning delays, time extension requests and defense against liquidated damages.
Audience Focus: Intermediate
Application Type: Application
Venue: 2013 AACE International Annual Meeting, Washington, DC, USA
Abstract: Whether an Agency CM or a CM@Risk, construction managers must learn to analyze and justify their decisions concerning time extension requests. As an Agency CM it is not uncommon for the construction manager to be tasked with the responsibility of receiving, analyzing and recommending a course of action on time extension requests submitted by contractors. As a CM@Risk the construction manager may be called upon to submit a time extension request on their own behalf and/or analyze time extension requests submitted by their subcontractors. This presentation identifies the tests that have been set forth by the Federal Courts to justify an excusable or compensable time extension. The presentation discusses how these rules are applied, whether submitting or analyzing, a time extension request. The presentation discusses the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Finally, the presentation highlights two new court rulings which may be “game changers” concerning delays, time extension requests and defense against liquidated damages.