S11 Concurrent Events and Other Breaking News Affecting the Recovery of Delay Damages
Tuesday, December 07, 2021: 9:45 AM - 11:00 AM
Speaker(s)
Description
Building on last year's successful Superconference presentation, "Damages Without A Cause," the panel will address the trend in construction contracting where accepted understandings of circumstances warranting a schedule adjustment are being significantly altered. Previously accepted notions regarding the effect of excusable delay and what constitutes concurrency are being redefined, limiting a contractor's right to a schedule extension while increasing their exposure to delay damages. The panel will discuss the varied circumstances where limitations on the right to a time extension can threaten a project's success and potential solutions for remedying these situations.
Upon completion of this seminar:
- attendees will learn how construction documents are being altered to redefine a contractor's right to a time extension and how the concept of "concurrency" is being limited as a defense that contractors can use to defend against an owner's delay claim;
- attendees will be exposed to the current debates regarding the definition of "concurrency" in the scheduling community, with the discussion of such concepts as "literal vs. functional" concurrency and "hindsight vs. blind-sight" critical path analysis; and
- attendees will learn how the failure to receive a time extension may impact other closely related scheduling issues, such as the right to obtain relief for acceleration costs. This inquiry will necessarily involve the discussion of laws prohibiting no-damages-for-delay provisions and whether such clauses prevent limitations on the granting of time extensions.