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Navigant Construction Forum™

Established in September 2010, the mission of the Navigant Construction Forum™ is to be the industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally.  “Building on lessons learned in global construction dispute avoidance and resolution”, the Navigant Construction Forum™ issues papers and reports, makes presentations and offer seminars on the most critical issues related to the avoidance or mitigation of construction disputes and the resolution of such disputes. 

Perspectives

Concurrent Delay

Jim Zack and Emily Federico explore the issue of how concurrent delay is commonly used by contractors to defend against liquidated damages when a project is completed late, and how owners can employ defenses to overcome these allegations.

 White Paper
“Hope Is Not an Effective Risk Mitigation Technique”

Read the Navigant Construction Forum’s™ latest research perspectives that includes findings from its survey of senior Navigant construction consultants frequently engaged to perform risk identification, analysis and mitigation on major projects globally.

 Research
The Basics of Constructive Acceleration

Read how constructive acceleration claims are determined in various legal jurisdictions around the world to determine whether a contractor is able to use this type of claim to recover damages internationally.

 Article
Time Extension Requests – A Checklist

This white paper identifies the tests that have been set forth by the Federal Courts to justify an excusable or compensable time extension and how these rules are applied.

 White Paper
Practical Problems With Pricing Delay Using Eichleay

Navigant's Jim Zack discusses the practical problems with the Eichleay Formula in pricing delay claims.

 White Paper
Ten Mistakes Owners Make That Cause Disputes

After nearly four decades as a contracting officer James G. Zack, Jr. has concluded that employers routinely make a number of mistakes on projects that actually cause disputes.

 Article
The New Boards of Contract Appeals: Are They Still Predictable?

This study explores the shift in rulings in the 3 years since the consolidation of the various Boards of Contract Appeals.

 Research
Practical Problems Pricing Delay Using Eichleay

James Zack and David Halligan examine the traditional Eichleay Formula from the viewpoints of the project owner, contractor and accounting perspectives to identify the problems and offer some recommendations on how to alleviate the problems each can face.

 Article
Construction Scheduling Games Revisited

This paper authored by Jim Zack, Stephen Pitaniello and Amanda Jo Amadon, identifies 19 common schedule games played on construction projects and offers suggested defenses to help prevent and detect schedule gamesmanship.

 White Paper
Insight from Hindsight; Issue 1

Insight from Hindsight features timely and topical articles from litigators and experts around the world, focusing on construction issues and dispute avoidance, mitigation, management and resolution.

 Newsletter
Delay Analysis on Non-CPM Scheduled Projects

Navigant’s Jim Zack and Steve Collins provide recommendations for performing schedule delay analysis on projects using non-CPM scheduling techniques.

 White Paper
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability

This study sheds light on typical construction issues and the risks associated with each. The research identifies the extent of the issues which arise on projects as well as the drivers, obstacles, barriers and new risk management strategies.

 Research
Board of Contract Appeals or Court of Federal Claims: What Type of Claim Do You Have?

Navigant's report compares and contrasts 2,172 decisions of the Boards of Contract Appeals and the U.S. Court of Federal Claims relative to the outcome of construction disputes.

 Research
Emerging Green Risks

Although the goal of green construction is conservation and savings, the unexpected result for many institutions will be higher operating costs, non-compliant designs and construction, and premature failure of new technology-based equipment and materials. What are the greatest risks and how can they be avoided? This paper discusses the emerging green risks in the design and construction of green learning institutions.

 Research
Board of Contract Appeals or Federal Court of Claims: The Contractor’s Irrevocable Choice

It has been generally accepted that the Boards have more specialized knowledge and familiarity with construction issues and disputes than the CFC. Many attorneys have expressed the opinion that issues such as schedule delay, constructive changes, differing site conditions, constructive suspensions of work, and the like are decided more predictably in the Board forum. While some attorneys have commented that disputes before the Boards are less expensive and faster, others cite the Board’s tendency to grant more discovery requests and their failure to enforce trial calendars. The Navigant Construction Forum™ set out to test this opinion.

 Research
Constructive Acceleration - A Global Tour

This paper examines constructive acceleration in various legal jurisdictions, both common law and civil law, around the world to determine whether a contractor is able to use this type of claim to recover damages.

 White Paper
Pricing Contractor Delay Costs

This paper discusses eight methods of calculating extended field office overhead costs – offering commentary on the strong and weak points of each and offers a recommendation 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.

 White Paper
Proving and Pricing Subcontractor Delay Claims

James Zack and Thomas Peters examine some issues concerning subcontractor delay claims, such as: Do subcontractors have the same rights and remedies as the prime contractor? Are they held to the same standards? What are their legal rights? Do owners owe time extensions for subcontractor delays? Are prime contractors at risk when they “pass through” a subcontractor’s delay claim to an owner?

 White Paper

Experts

James G. Zack

Mr. Zack is Executive Director of Navigant's Construction Forum™. He is a recognized and well published expert in mitigation, analysis and resolution, or defense of construction disputes. He is a nationally known author, speaker and trainer concerning the management, mitigation and resolution of construction claims and disputes. Jim is located in Irvine, California.

Case Studies

Costly Arbitration Avoided

Navigant provides independent quantum advice, advice on contractual interpretation and valuation of the contractor’s entitlement to payment for variations, delay and disruption.

ICC Arbitration Over $2 billion Contract Claim - Resolved

Navigant provides cost and schedule/CPM analysis in preparation ICC arbitration hearing.

Preserving Investment Value

Navigant retained to assess the financial outlook for the development of residential communities.

Related Services

Construction