Understanding Delay and Liquidated Damages

Most construction disputes involve a delay component, but analyzing and assigning responsibility for delay would be merely an academic exercise were it not for the costs associated with those delays. This webinar will explore the various delay related costs, or damages, incurred on a construction project both from an owner’s perspective as well as a contractor’s. It will look at the types of damages, the proof and recoverability of those damages, as well as the mitigation of damages. I addition to “actual damages,” it will also cover the concepts surrounding liquidated damages and how liquidated damages limit both exposure and recovery.

Areas Covered

This webinar will cover the three broad categories of damages: Direct Damages; Indirect Damages; and Liquidated Damages. It will cover the various components and basis of each category as they relate to contractors, owners, and other project participants. It will also cover the items and data necessary to prove damages and the necessary elements that must be established in order to recover damages. It will also look at ways to mitigate damages, and to defend against claims for cost damages.

Learning Objectives

By attending this webinar, the attendee will develop a fundamental understanding of:

• The categories of damages
• The components of each damages category
• How damages differ between the contractor, owner, and other project participants
• The necessary elements for proof of damages
• The necessary elements to establish recoverability of damages
• Ways to mitigate damages

Who Should Attend

• Construction Project Managers
• Construction Company Executives
• Trade Contractor Executives and Field Managers
• Project Owners
• Construction Attorneys
• Architects and Engineers Involved in Construction

Speaker(s)

Fritz T. Marth, PE, CFCC

With more than 35 years of industry experience, Fritz Marth serves as Director of Consulting Services at GREYHAWK, a nationally recognized construction management and claims consulting firm. His practice specializes in schedule delay and disruption analysis, cost damages analysis, and litigation support. Mr. Marth is widely recognized as an industry expert and has provided expert testimony in both court and arbitration proceedings. He holds a Bachelor of Science and a Master of Science in Civil Engineering from Drexel University and is a Licensed Professional Engineer and Certified Forensic Claims Consultant. In addition to his consulting work, Mr. Marth frequently presents seminars to contractors, attorneys, and project stakeholders on claims avoidance, mitigation, and analysis, with a particular focus on delay and disruption claims. He is an active member of the American Bar Association’s Forum on Construction Law.

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