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Pricing Contractor Jobsite Overhead Delay Claims

When contractors encounter owner caused (excusable/compensable) delay they are typically entitled under the contract to recover both the time resulting from the delay as well as delay damages. Idled equipment/labor and material escalation costs are reasonably easy to calculate in such situations. Typically, contractors also seek to recover their delay costs (extended field office overhead or general conditions costs) also. Calculating this cost is more complex than dealing with delayed direct costs. There are, at least, eight methods of calculating extended field office overhead costs. None of the calculations arrive at the same daily delay cost. This webinar by industry expert James G. Zack, Jr., discusses all eight methods – offering commentary on the strong and weak points of each. The paper also offers recommendations on how project owners can resolve this dilemma in advance of delays, thus making the issue less contentious should a contractor encounter an owner-caused delay.

Webinar Objectives

After attending this webinar you will have a better understanding of the issues concerning the pricing of contractor delay damages. Contractors will gain knowledge about the various methods of calculating extended field office overhead costs. Owners will learn some contractual methods for predetermining this element of delay costs in order to prevent the need for the end of the job audits or disputes over such costs.

Webinar Agenda
  • Learn about the recoverability of extended field office overhead costs in the event compensable delay arises on a project.
  • General Contractors will gain information on the various accepted methods of calculating this element of delay damages.
  • Owners will be exposed to various methods of specifying this element of delay damages in contracts in order to avoid disputes, later on, should a compensable delay occur.
  • Owners and contractors will receive information on what costs should be deducted from this element of delay damages prior to the submittal of costs in a claim.
  • Owners will gain insight into the issue of the contractor’s obligation to mitigate damages in the event of the owner caused delay.
Webinar Highlights
  • In this webinar attendees will learn about the recoverability of extended field office overhead costs, including what field office overhead is and the typical elements of this cost.
  • Attendees will be exposed to the basics of calculating extended field office overhead costs.
  • The webinar will discuss the various actual cost methods for calculating extended field office overhead.
  • The webinar will explore the various total cost methods of calculating extended field office overhead costs.
  • The webinar will discuss how the jury verdict method may be used to make this delay damage calculation.
  • Attendees will learn how stipulated contract methods concerning field office overhead may be employed.
  • The webinar will identify what costs must be deducted from the submission of field office overhead costs by the contractor.
  • The contractor’s obligation to mitigate damages will also be discussed.
Who Should Attend
  • Owners & Contractor Project Managers
  • Resident Engineers & Architects
  • Agency Construction Managers
  • Construction Managers@Risk
  • Design Managers
  • Legal Counsel representing project participants

James G. Zack, Jr.

Jim is the Principal, James Zack Consulting, LLC and Senior Advisor, Ankura Construction Forum™. The Forum strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly he was the Executive Director of the Navigant Construction Forum™ and earlier, the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world’s largest EPCM contractors. Mr. Zack was previously Vice President of PinnacleOne and the Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. Mr. Zack has, for more than 48years, worked on both private and public projects throughout the U.S. and in 39 countries abroad. Mr. Zack is a Fellow of AACE, Royal Institution of Chartered Surveyors, Guild of Project Controls and Society of Construction Claims Specialists International. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. Mr. Zack is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), an Expert Certified Construction Claims Specialist (ECCCS), an Expert Certified Construction Delay Analyst (ECCDA) and a Project Management Professional (PMP).

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