Constructive Acceleration - At Home and Abroad

Why Should You Attend:

Constructive acceleration is judge made law created by the Boards of Contract Appeals in the 1960’s to establish an equitable remedy for contractor recovery when owners refuse to recognize delay. In the U.S. there is a standard six part test to prove entitlement to a constructive acceleration claim. Most U.S. contractors are familiar with the claim concept and what has to be proven. However, constructive acceleration is not well accepted in other countries around the globe. Notwithstanding this lack of global acceptance, research indicates that in most countries surveyed contractors can recover under such situations. This webinar explores potential avenues of recovery for contractors in 20 different countries.

Learning Objectives:

• The history of constructive acceleration in the U.S.
• How to perfect a constructive acceleration claim under U.S. law
• How to recover when faced with constructive acceleration situation in a number of other countries around the globe
• Understand the common themes supporting alternative legal theories around the globe
• Receive a practice tip on how to reserve rights and successfully prosecute such a claim

Areas Covered in the Webinar:

• The history of constructive acceleration in the U.S.
• The elements of proof necessary to recover under this claim
• The potential for claim recovery in the following countries:
• Australia, Brazil, Canada, China, Colombia, Egypt, France, Germany, Hong Kong, India, Indonesia, Ireland, Malaysia. Oman, Singapore, South Africa, Sri Lanka, Trinidad and Tobago, United Arab Emirates, and the United Kingdom

Who Will Benefit:

• Legal counsel advising clients undertaking international projects
• Design professionals and construction managers working on international projects
• Contractors and subcontractors performing international projects

Jim Zack
Executive Director, Navigant Consulting Inc

James Zack is the senior advisor and former executive director, Navigant Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, executive director, corporate claims management, Fluor Corporation; vice president, PinnacleOne; and senior construction claims consultant, CH2M HILL, Inc.

With 45 years’ experience he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. A Fellow of AACE and RICS and a Fellow of Forensic Analysis from the International Guild of Project Controls, Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager and a Project Management Professional as well as a nationally known author and speaker on construction claims.

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