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Suspend Work – “Remain on Standby” –

Three Key Words


AACE International

North Florida Section
ThursdayJanuary 14th2021
Section Meeting Webinar Notice

Meeting Summary

Date:

 Thursday, January 14th, 2021

Time:
 

 6:30 p.m. Virtual Networking

 6:45 p.m. Business Mtg/Announcements

 7:00 p.m. Technical Presentation

Please Note: This is a Live Webinar Technical Presentation

Location: 

 Zoom or Teams Meeting

Program:

Suspend Work – "Remain on Standby" – 3 Key Words

Speaker:

 James G. Zack, Jr.

RSVP/Questions: 

  [Click here to e-mail.

 

Technical Program:   Suspend Work – “Remain on Standby” –

                                    Three Key Words

The contract has been awarded and notice to proceed issued.  Work has started.  The owner issues a suspension of work directive and the contractor shuts down all or a designated portion of the work awaiting the owner’s return to work order.  The contractor believes they are entitled to recover all delay and all time related delay damages. Is the contractor right?  The owner is liable for the delay damages, right?    As Max E. Greenberg commented in 1984 – “It ain’t necessarily so!”  This presentation examines why owners should have a Suspension of Work clause in contracts and how these clauses work.  It identifies what damages are typically owed when an owner suspends all or part of the work and outlines some typical limitations of suspension damages found in many contracts.  Additionally, the presentation discusses five key court cases decided between 1996 and 2015 that establish the key requirements necessary to collect damages arising from a suspension of work directive.  Finally, the presentation offers recommendations on what actions contractors should take to protect the recovery of such damages and why these actions may help owners resolve such claims in the field rather than the courtroom.

Speaker:   James G. Zack, Jr.,  CCM, CFCC, ECCCS, ECCDA, PMP,

                                                     FAACE, FGPC, FRICS, FSCCSI

                                                     Principal, James Zack Consulting, LLC

Mr. James Zack is the Principal for James Zack Consulting, LLC Johnstown, Colorado and Senior Advisor on the Ankura Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was the founder and former Executive Director of the Navigant Construction Forum™. Previously, he served as Executive Director, Corporate Claims Management, Fluor Corporation; Vice President, PinnacleOne and Executive Director, PinnacleOne Institute; and Senior Construction Claims Consultant, CH2M HILL, Inc. With 47 years’ experience, Jim is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE International. The Royal Institution of Chartered Surveyors, and the Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager and a Project Management Professional as well as an internationally known author and speaker on construction claims.

RSVPs must be received on or before 5pm on Wednesday, 13-January 2021.  Your friends and colleagues are always welcome; membership in AACE is not required.

In the event that you must cancel your reservation, please inform us at least 24 hours before the meeting.

Click here to RSVP before end of business day Wednesday, 01/13/2021.

Please register by Wednesday 01/13/2021, and an invitation including the Webinar link will be e-mailed to you.  For AACE members who hold professional certifications, Webinar attendance counts toward renewal points as long as online attendance for the entire presentation is verified.

 

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