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John S. Vento, Esq. Trenam, Kemker, Scharf, Barkin, Frye, O Neill Mullis, P.A. Michael F. D Onofrio, P.E. Capital Proj

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John S. Vento, Esq. Trenam, Kemker, Scharf, Barkin, Frye, O Neill Mullis, P.A. Michael F. D Onofrio, P.E. Capital Proj

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    2. Another Day on the Job

    3. An Unforeseen Condition?

    4. A Force Majeure Event?

    5. Dealing With Mid-Course Adjustments

    6. Project Overview Project: Condominium Value: $30 Million Scope of Work: Concrete superstructure, steel frame penthouse and roof Contract Completion: 22 Months Interstate Land Sales Act (ILSA) Deadline: 24 Months Liquidated Damages: $10,000/day

    7. Project Overview Delay & Disruption Issues: Late approval of schedule Differing site conditions Acceleration/re-sequencing of work Penthouse and roof steel design errors Late delivery of windows Clerestory window design errors

    9. Mid-Course Adjustment Month 3 Contractor alleges differing site conditions Baseline schedule not approved Owner’s Rep wants additional detail Owner alleges bias Constructive Acceleration – Compensable?

    11. Mid-Course Adjustment Month 4 Schedule approved 3˝ months after NTP Update shows 3-month delay to project completion due to differing site conditions Owner disputes differing site conditions

    12. Mid-Course Adjustment Time Extension Request Project 3 months behind schedule Contractor prepares time impact analysis and submits time extension request

    14. Mid-Course Adjustment Recovery Schedule Owner refuses to grant time extension Mid-Course ADR? DRB? Mediation? Contractor develops recovery schedule to meet original completion date Recovery of 3 months Accelerate concrete superstructure (1 mo.) Use temporary enclosures to start interior finishes before window delivery (1 mo.) Accelerate interior finishes (1 mo.)

    18. Mid-Course Adjustment Month 12 Contractor accelerates concrete placement – recovers 1 month Owner agrees to pay for acceleration to date Owner grants 2-month time extension Contractor relieved of liquidated damages

    21. Mid-course Adjustments Design Errors

    22. Mid-Course Adjustment Month 14 Design errors Redesigning penthouse slabs Conflicting design to support elevator equipment Missing clerestory window beams Owner issues Stop Work Order Project delayed 2 months Contractual notice of delay and claim required?

    24. Mid-Course Adjustment Second Recovery Schedule Stop Work Order delays project completion 1 month to Month 25 Owner directs contractor to accelerate to complete by Month 24 Effect of window delivery delay – a concurrent non-compensable delay?

    27. Resultant Claims Original Contract to Change Orders

    28. Mid-Course Adjustments Resultant Claims Determining responsibility for delay and disruption Excusable vs. non-excusable delay Concurrent delay as a defense Compensable vs. non-compensable Time Impact Analysis

    29. Mid-Course Adjustments Dispute Resolution of Claims Methods of Alternative Dispute Resolution (ADR) Mediation Arbitration DRBs During progress of the job After Substantial Completion

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