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Lost Productivity Claims for Energy & Utilities

On-Demand Training:
Lost Productivity Claims for Energy & Utilities

Recorded: June 6, 2023

Overview Agenda Instructors
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In this Lost Productivity Claims course, attendees will gain a full understanding of what these claims entail, including risk management and shifting, technical issues, and delay analysis, as well as relevant examples and case studies that highlight these claims when it comes to refining, transmission, solar, and wind projects.

Attendees will discuss:

  • Contract operations strategies and definition of common terms such as consequential damages, termination clauses, indemnity, disputes resolution, and more
  • How to estimate lost productivity and the common issues claimants and experts face
  • Common risk management pitfalls and how to effectively allocate risk
  • Key impacts that arose from COVID-19 and identification of future challenges
  • What to expect when performing a forensic schedule analysis

This program’s goal is to leave attendees with a comprehensive, in-depth knowledge of Lost Productivity Claims and how to manage construction projects efficiently and successfully.

Learning Outcomes

  • Evaluate lost productivity claims and technical issues in disruption, such as a general overview, methods, insight, and relevant case studies
  • Discuss risk management and how to improve project delivery
  • Explain killer contract clauses and the major “risk shifting” clauses that are common to construction contracts
  • Study the technical issues in delay analysis, including overview, insight, strategies, and more
  • Review the lessons learned from COVID-19 and other current and future challenges for the construction industry
  • Strategize how to promptly and effectively resolve government claims
  • Examine real-world examples and relevant case studies that relate to the energy industry

Register

This is a recorded session - no instructor interaction is available. Recordings do not qualify for continuing education credits. Recordings will expire 30 days from date of purchase and sharing, downloading or copying of the recording in any way is strictly prohibited and will result in the termination of your license.

PURCHASE THIS RECORDING:

Recording license(s)$ 895.00 each

Agenda

9:00 AM - 5:00 PM

Course Timing

Risk Management Maxims to Improve Project Delivery

  • Understand the contract review and operations strategies and mindsets that mitigate risk and improve successful outcomes for projects
  • Gain the “claims mindset” of outside counsel and experts to allow for implementation of management and documentation processes that will preserve claims, ensure they are well-documented, and enhance recovery outcomes
  • Identify common risk management pitfalls that are illustrated through real-life examples and actionable steps to address
  • Utilize internal assessment of claims for more effective negotiation and settlement approaches

Lessons Learned During the Pandemic & Future Challenges for the Construction Industry

  • Overview of the current state of the economy and construction industry
  • Look back at the key impacts that arose during the pandemic
    • Contract clauses
    • Material price fluctuations
    • Workforce challenges
  • Identify future challenges and considerations and strategies for good business and contracting practices in an evolving landscape
  • Discussion: Relevant real-world examples from a refinery project

Killer Contract Clauses & Risk Management

  • Provide the guidelines for effectively allocating risk and how risk is typically allocated
  • Understand the major “risk shifting” clauses common to construction contracts and review these commons clauses
    • Consequential damages
    • Liquidated damages
    • Insolvency and payment rights
    • Termination clauses
    • Right to stop work
    • Indemnity
    • Site investigation clauses
    • Exculpatory design clauses
    • No damages for delay clauses
    • Notice, claim pricing requirements for changes, and claims
    • Scheduling provisions
    • Warranty
    • Disputes resolution
  • Discuss trends in case law and risk-shifting clauses

Technical Issues in Delay Analysis

  • Basic overview of delay standards and practices; methods of delay analysis
  • Provide insight into the common issues that claimants and experts face when attempting to perform a forensic schedule analysis
    • Schedule and data availability
    • Schedule quality and accuracy
    • Evaluative methods for determining delays and delay causation
    • Dealing with concurrent delays and pacing
    • Evaluating mitigation
    • Effect of analyst decisions on delay analyses
  • Review strategies and practices that can be used to preserve claims and present the strongest retrospective delay claim
  • Discussion: Relevant real-world example from transmission line and solar farm projects

Technical Issues in Disruption & Lost Productivity Claims

  • Basic overview of productivity standards and practices
  • Describe and review the methods for estimating lost productivity
  • Provide insight into the common issues that claimants and experts face when attempting to estimate lost productivity
    • Availability of data
    • Establishing causation
    • Legal challenges
  • Review case study of matter which involved numerous claimants asserting productivity claims utilizing different methodologies
  • Discussion: Relevant real-world examples from a wind farm project

Strategies for Prompt and Effective Resolution of Government Claims

  • Overview of industry trends that have made prompt resolution of claims imperative
  • Setting the stage for prompt claims resolution and moving claims from jobsite to courtroom
  • Provide an overview of the claims process in federal contracting
  • Discuss applicable legal standards and consequences for various claim actions
  • Review the forums for dispute resolution and considerations for selecting the proper forum

Instructors

With more than 30 years of experience untangling complex liability-knots on high profile construction projects across the globe, Chris Brasco is uniquely qualified to protect his clients’ bottom line interests by crafting solutions which appreciate the varied perspectives and issues affecting their projects.  He continues to sharpen his knowledge by lecturing nationally to leading industry groups on the risk-shifting trends and claims pricing developments that inspire breakthrough project solving.

Chris is often engaged by clients to tackle their most challenging problems.  His experience includes successfully representing owners, contractors and sureties in myriad disputes involving diverse construction projects, from bridges and tunnels to high-rise buildings.  Also a trained mediator, Chris' experience and personal skills make him an able advocate, ready to quickly grasp the underlying construction and legal issues and offer innovative solutions to meet the needs of the clients he serves.

Christopher Brasco

Senior Partner

Watt, Tieder, Hoffar & Fitzgerald

Jeff Katz is an Executive Vice President who leads Vertex’s contract claims practice. Jeff has over a decade of experience in construction and construction disputes. Jeff is a graduate of Cornell University and is a professional engineer who has been retained as an expert or consultant on numerous files across North America and internationally. He has prepared claims, expert reports and provided testimony on behalf of owners, contractors, subcontractors, design professionals, sureties, and insurance carriers on delay and schedule impacts, productivity claims, quantum / damages, standard of care, and more on nearly all types of projects. He is also a member of various trade organizations and committees and frequently presents at construction industry events and for graduate-level construction courses.

Jeff Katz

EVP – Contract Claims

The Vertex Companies

John Sebastian joined Watt, Tieder, Hoffar & Fitzgerald in 2013 as the managing partner of the firm’s new Chicago office. He focuses his practice primarily in the areas of surety bond, construction, and commercial litigation. John has represented sureties, contractors, architects, engineers, design/builders, and trade contractors in payment disputes, design defect claims, delay claims, defective work claims, and contractor, subcontractor, and owner bankruptcies. His construction law matters include defective design, delay and disruption, labor productivity analyses, contract interpretation, differing site conditions, and surety bond and mechanics lien claims. He has extensive experience in claim preparation, prosecution and dispute resolution on federal, state, municipal and private contracts. John has significant litigation experience before both federal and state courts as well as the American Arbitration Association on a wide variety of suretyship, construction law, commercial litigation and bankruptcy issues.

John Sebastian

Senior Partner

Watt, Tieder, Hoffar & Fitzgerald