Construction Litigation: New Industry Protocols for Proving Construction Delays

Litigation related to construction projects frequently involves proving or disproving claims of schedule delay and disruption, where damages are frequently millions of dollars. Proof of construction delay has always been challenging for attorneys and expert witnesses, however, the challenges have become more complex in light of recent construction industry publications setting forth protocols, guidelines, and recommended practices for evaluating construction schedules and proving delays claims. Counsel for owners, general contractors, subcontractors, suppliers, architects and sureties should understand how these protocols apply to their cases so that they can give their clients seasoned advice and be effective advocates at trial.

This course will provide insights into the changing requirements for proving delays and equip attorneys to provide strategic advice to guide clients’ in litigating construction delay claims. The program will also explore strategic steps attorneys should take when advising clients whose projects are being delayed in the field and will provide practical insights to help those clients find ways to protect their interests when their projects are delayed, mitigate their losses and be successful in litigation of construction delay claims.

The program is taught by Barry B. Bramble, an internationally known and respected attorney and construction consultant, who has successfully served as co-counsel, expert witness and arbitrator and who deals first-hand with resolving these challenges in the field and in the courtroom. He has previously presented CLE programs for Lawline on litigating construction delays, change orders and contract termination.

Learning Objectives:

1. Grasp the important differences between the ways construction delays can be proved
2. Become familiar with protocols, standards and guidelines commonly used the construction industry to evaluate project schedules and delay claims
3. Discuss the proper ways to prove and disprove schedule delay
4. Review the important considerations your clients should be aware of when dealing with delays on their construction projects
5. Identify the procedures that must be strictly followed when evaluating schedules and proving delays
6. Assess the nuances in the evaluation of Critical Path Method schedules and delays
7. Avoid the pitfalls of failing to prove construction delay claims