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Time Extension Requests – A Checklist

By James Zack

As a CM@Risk the construction manager may be called upon to submit a time extension request on their own behalf and/or analyze time extension requests submitted by their subcontractors.  This paper identifies the tests that have been set forth by the Federal Courts to justify an excusable or compensable time extension.  The paper discusses how these rules are applied, whether submitting or analyzing, a time extension request.  Also discussed are the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay. Finally, the paper highlights two new court rulings which may be “game changers” concerning delays, time extension requests and defense against liquidated damages.

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.

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