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
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
Navigant’s Jim Zack and Steve Collins provide recommendations for performing schedule delay analysis on projects using non-CPM scheduling techniques.
White Paper
Read useful insights and practical advice to apply when using the Eichleay Formula in construction estimating and in pricing construction delay.
Article
Jim Zack’s recent podcast, Trends in International Arbitration, shares the results of our recent research paper of the same name.
Article
Read “Planning for Dispute Management” for a quick read providing insights and bullet pointed to do’s to avoid disputes and should they occur, be better prepared to manage the process and make better decisions.
Article
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
Navigant's Jim Zack discusses the practical problems with the Eichleay Formula in pricing delay claims.
White Paper
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
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
This report provides statistical analysis of Board decisions in an effort to provide food for thought for legal counsel facing the typical client question, "Now that the Contracting Officer has denied some or all of my claim, what are my options? What do you recommend and why?"
Research
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
Navigant partnered with Pepper Hamilton to sponsor McGraw Hill study on mitigation of construction risk.
News
In the November 2012 issue of NG Market Notes, Managing Directors Peter Badala and Scott Gray, along with Director James Zack from Navigant's Global Construction Practice, discuss the importance of risk management during the expected boom in gas-related construction projects resulting from the shale gas production revolution.
Newsletter
Jim Zack’s recent podcast, Trends in International Arbitration, shares the results of our recent research paper of the same name.
Video
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
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
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
Learn the advantages and cost savings realized by employing Dispute Resolution Boards (DRBs) on construction projects at the outset.
Article
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
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.
Article
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
This study explores the shift in rulings in the 3 years since the consolidation of the various Boards of Contract Appeals.
Research
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 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
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
James Zack, Executive Director, Navigant Construction Forum™, and Andrew Ness, with Jones Day summarize the major points of the AACE International published Recommended Practice No. 29R-03 – Forensic Schedule Analysis and addresses how attorneys can effectively utilize it in complex construction litigation.
Webcast
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
Navigant is uniquely qualified to provide comprehensive business solutions for construction, disputes & investigations, and economics, and capital advisory clients in the area of shale /unconventional oil and gas.
Conference Presentations