A Crystal Ball - Early Warning Signs of Construction Claims and Disputes

Why Should You Attend:

It is axiomatic that claims and disputes on a project do not simply appear out of nowhere. Experience indicates that when a dispute occurs, there is normally a back story or history of events, decisions, lack of decisions, etc. that can be traced back from a few weeks to several years that gave rise to the dispute. It is typically these past events or decisions that are identified as the “early warning signs” of claims and disputes. Typically it is only when claims are filed at the end of a project that attorneys and claims consultants review project documentation and interview the project team in order identify these early warnings. And, in retrospect, many project team members comment “If only I had recognized that then!” Research reveals there is little literature setting forth a detailed list of early warning signs of pending construction claims and disputes. Based on the collective observations of Navigant’s Global Construction Practice the Forum collated these early warning signs into the typical phases of a project including:

• Bid or Proposal Phase
• Initial Contract Phase
• Construction Phase

This webinar also identifies which party should watch for which early warning sign and what sort of claim or dispute may arise.

Learning Objectives:

• Learn about a large number of early warning signs of claims and disputes.
• Learn what types of claims and disputes can arise from each warning sign.
• Understand what must be done to prevent such follow on claims and avoid disputes.

Areas Covered in the Webinar:

• This webinar provides a lengthy list of early warning signs of claims and disputes.
• These warning signs are divided into three distinct project phases – Bid or Proposal Phase, Initial Contract Phase and Construction Phase.
• The webinar also identifies which party should watch for which warning sign.
• The webinar discusses what sort of claim or dispute is likely to arise from which warning sign.
• Finally, the webinar identifies what actions owners and contractors can take, when some of these warning signs are observed, to resolve such potential claim situations and prevent or resolve disputes.

Who Will Benefit:

• Owners and owner representatives managing capital improvement projects.
• Contractor executives, project managers, project sponsors and project control personnel.
• Construction managers and design professionals performing services during construction.

Instructor Profile:

James G. Zack, Jr., CCM, CFCC, FAACE, FFA, FRICS, PMP, is executive director of Navigant Construction Forum™. He was formerly executive director of Corporate Claims Management, Fluor Corporation; vice president, PinnacleOne; and senior construction claims consultant, CH2M HILL, Inc.

For more than 40 years Mr. Zack has worked on both private and public projects. In the construction claims arena, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. He has worked on claims and disputes throughout the United States and has presented and worked on claims in Canada, Egypt, The People’s Republic of China, Germany, Kazakhstan, Saudi Arabia, The Russian Federation, Chile, Peru, Guatemala, Mexico, Venezuela, Jamaica, Kuwait, South Africa, The United Kingdom, The Netherlands, Slovenia, Poland, Australia, The Philippines, India, and Trinidad & Tobago.

Mr. Zack has been involved in thousands of claims throughout his career and has been designated as an expert witness in mediation, arbitration and litigation. He is a Fellow of the Association for the Advancement of Cost Engineering, International (FAACE), the Royal Institution of Chartered Surveyors (FRICS) and a Fellow of Forensic Analysis (FFA) from the International Guild of Project Controls. He is also a member of the Construction Management Association of America (CMAA) and the Project Management Institute (PMI). He is a Certified Construction Manager (CCM); a Certified Forensic Claims Consultant (CFCC); and a Project Management Professional (PMP). Mr. Zack is a former President of the Association for the Advancement of Cost Engineering, International (AACE). He is a nationally known author, speaker and trainer concerning the management, mitigation and resolution of construction claims and disputes.

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