Dealing with Delay: From Contract Negotiations to Claims

This presentation will provide strategies for contractors to protect themselves against the impacts of delays and will identify practical steps that a contractor can take at various stages of a project, from bid to close-out, to increase the contractor’s chances of successfully obtaining additional time and compensation.  The strategies presented will include:

• addressing schedule requirements at the proposal stage and negotiating contract language to reduce the risk of cost impacts associated with material shortages, force majeure, changes, unforeseen conditions, delays cause by others, and non-excusable delays attributable to the contractor;
• documentation practices during the performance of the work to avoid contractual pitfalls and effectively supporting claims for additional time and compensation; and,
• successfully resolving disputes and pursuing claims for additional time and compensation as a result of delay and impacts.

Learning Objectives:

• Provide an understanding of basic “delay” related terminology;
• Present bidding and pre-construction strategies to mitigate delay and impact risk;
• Identify key contract language posing risk in relation to delays and impacts;
• Provide guidance on why and how certain standard contract language (i.e. “no damages for delay” clauses and liquidated damages clauses) should be modified in pre-contract negotiations;
• Outline steps for effectively documenting delay during construction to support requests for additional time and money;
• Identify contractual pitfalls to be avoided during construction to preserve the contractor’s rights to additional time and money; and,
• Provide guidance on proactively addressing disputes during performance of the work and after completion.

Presenter Information: Construction attorney and ABC Member J.T. Gallagher of Hendrick, Phillips, Salzman & Siegel, P.C. began working in construction in the Lehigh Valley as a plumber’s helper during high school and has been working in the industry ever since.  After obtaining his B.S. in Building Construction from the University of Florida and working for several years in construction project management, J.T. obtained his J.D., with honors, from Emory University School of Law.  He now specializes in complex construction litigation and utilizes his industry experience to effectively represents contractors, subcontractors, specialty trade contractors, design professionals, and owners in relation to all aspects of public and private construction projects.