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    Welcome to the Navigant Construction Forum™.  We’re pleased to have you visit and review or download our research reports, white papers, articles and newsletters found herein.  The Forum™ strives to study, inform and provide valuable research perspectives, trends, and thought leadership on construction risk mitigation and dispute resolution matters that impact our industry.  The Forum™ offers insights on a broad spectrum of risk management, scheduling, delay, cost accounting, claims and litigation issues that serves to enlighten and educate.

    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.

    Article Spotlight:

    Delivering Dispute Free Construction Projects: Part II – Construction and Claim Management

    Welcome to Issue 9 of Insight from Hindsight, the quarterly e-journal of the Navigant Construction Forum™ focusing on construction and dispute related issues in the global construction community. This issue includes six articles focused on construction advisory and disputes topics impacting today’s construction market. - See more at: http://www.navigant.com/insights/library/construction/2014/insight-from-hindsight-issue-9.aspx/?utm_medium=email&utm_source=exacttarget&utm_campaign=CON%20-%20Insight%20From%20Hindsight%20-%20Issue%209%20-%200214#sthash.9kKZHXkE.dpuf
    Welcome to Issue 9 of Insight from Hindsight, the quarterly e-journal of the Navigant Construction Forum™ focusing on construction and dispute related issues in the global construction community. This issue includes six articles focused on construction advisory and disputes topics impacting today’s construction market. - See more at: http://www.navigant.com/insights/library/construction/2014/insight-from-hindsight-issue-9.aspx/?utm_medium=email&utm_source=exacttarget&utm_campaign=CON%20-%20Insight%20From%20Hindsight%20-%20Issue%209%20-%200214#sthash.9kKZHXkE.dpuf

    The second article in this three-part series explores the issue of claims mitigation and dispute avoidance during the construction and claim management phase of a project.


    Welcome to Issue 9 of Insight from Hindsight, the quarterly e-journal of the Navigant Construction Forum™ focusing on construction and dispute related issues in the global construction community. This issue includes six articles focused on construction advisory and disputes topics impacting today’s construction market. - See more at: http://www.navigant.com/insights/library/construction/2014/insight-from-hindsight-issue-9.aspx/?utm_medium=email&utm_source=exacttarget&utm_campaign=CON%20-%20Insight%20From%20Hindsight%20-%20Issue%209%20-%200214#sthash.9kKZHXkE.dpuf

     

    Claims & Dispute Avoidance

    Are You Prepared for Mediation? (Revisited)

    Navigant’s Jim Zack and Michael Pettinella provide more insights on the mediation process in the construction industry in Are you Prepared for Mediation? (Revisited).

     White Paper
    Delivering Dispute Free Construction Projects: Part 1 - Planning, Design and Bidding

    In this first article of a series, Navigant’s Construction industry professionals discuss ways to minimize changes, delays, and other challenges in the project planning, design and bidding phases.

     White Paper
    Delivering Dispute Free Construction Projects: Part II – Construction and Claim Management

    The second article in this three-part series explores the issue of claims mitigation and dispute avoidance during the construction and claim management phase of a project.

     Research
    Impact and Control of RFIs on Construction Projects

    Navigant Construction Forum’s latest research paper reviews the RFI process, highlights the ways that RFIs are often abused, and offers practical steps that owners can take to reduce the number of RFIs and their negative impacts.

     Research

    Claims & Litigation

    Trends in International Construction Arbitration

    Jim Zack’s recent podcast, Trends in International Arbitration, shares the results of our recent research paper of the same name.

     Research
    Trends in International Construction Arbitration

    Jim Zack’s recent podcast, Trends in International Arbitration, shares the results of our recent research paper of the same name.

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

    The Navigant Construction Forum™ issues a research report to provide information regarding “Board of Contract Appeals or Court of Claims: The Contractor‟s Irrevocable Choice.”

     Research
    Planning for Dispute Management

    Rarely do owners plan how to manage disputes, relying on whatever process was in past contracts.  This article provides a quick read for insights and bullet-pointed guidelines to avoid disputes and should they occur, enabling owners to be better prepared to manage the dispute process and make better decisions. 

     Article
    Trends in Construction Claims & Disputes

    Despite the recent decline in the number of construction projects in recent years, the number of construction claims has risen. Our latest paper delves into this trend and offers suggestions for all stakeholders in the construction industry.

     Research
    Faces of Dispute Resolution 2012

    Learn the advantages and cost savings realized by employing Dispute Resolution Boards (DRBs) on construction projects at the outset.

     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
    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

    Damages / Quantum Calculation

    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
    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
    Proving and Pricing Subcontractor Delay Claims

    James Zack and Thomas Peters examine 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? and more.

     White Paper

    Insight from Hindsight Quarterly E-Journal

    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
    Insight from Hindsight; Issue 3

    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
    Insight from Hindsight; Issue 5

    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
    Insight from Hindsight; Issue 7

    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
    Insight from Hindsight; Issue 9

    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
    Insight from Hindsight; Issue 2

    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
    Insight from Hindsight; Issue 4

    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
    Insight from Hindsight; Issue 6

    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
    Insight from Hindsight; Issue 8

    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

    Risk Management

    The Impact of Rework on Construction & Some Practical Remedies

    Read the Navigant Construction Forum's latest research perspective. This report examines the cost and time impact of rework on capital improvement projects, examining a broad range of industry sectors.

     Research
    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
    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
    “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

    Schedule / Programme & Delay Analysis

    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
    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
    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
    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
    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
    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

    Experts

    James G. Zack

    Jim 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 Publications

    Insight from Hindsight; Issue 8

    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.

    Insight from Hindsight; Issue 9

    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.

    Publication Sign-up

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

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