Delay Damages & 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

Fritz Marth joined GREYHAWK in 2008. He has over 25 years of experience in the construction industry specializing in disputes and claims resolution, critical path method scheduling and delay analysis, cost damages analysis, and litigation support. Fritz’s experience involves in a wide variety of projects including highways and bridges, airports and rail stations, water and wastewater treatment facilities, landfills, hospitals and health care facilities, stadiums and arenas, and hotels and apartment buildings. He has also served as a testifying expert in this regard.

Fritz received his Bachelor and Master of Science Degrees in Civil Engineering from Drexel University. He is a licensed Professional Engineer and Certified Forensic Claims Consultant, and a member of the American Society of Civil Engineers, the Association for the Advancement of Cost Engineering International, and the American Bar Association.

In addition, Fritz has been involved in the on-site construction management and administration of several large public projects involving the construction of highways, highway bridges, railroads, and railroad stations; and, has performed residential construction work including home construction and renovations.

Fritz had led claims analysis efforts on more than $1 billion of construction projects. His efforts have included the creation of detailed as-built schedules, establishment of the as-built critical path to project completion, identification of project impacts and critical delays, determination of responsibility for issues and impacts, and calculation of cost damages incurred. He has performed analyses on behalf contractors, public and private owners and developers, and design professionals.

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