Navigant Construction Forum™ is an industry resource for thought leadership and best practices on avoidance and resolution of construction project disputes.
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.
Insight from Hindsight 25
Insight from Hindsight 24
Public private partnerships, if properly structured, can be successful and meet the needs of all parties
Speaking Engagement: ICC Costa Rica IX International Arbitration Congress
Navigant’s Israel Almodovar and Isabel Kunsman and 4 attorneys from Latin America co-host a workshop entitled “Assessment of Damages”.
March 9, 2018 9:30 am -11:00 am CT
Webinar: Time Extension Requests – What Does a Contractor Have to Prove?
Jim Zack and Patrick Kelly discuss the rules concerning concurrent delay and how the courts hold the claimant responsible for allocating concurrent delay and also highlight two new court rulings which may be “game changers” concerning delays, time extension requests and the use of concurrent delay as a defense against liquidated damages.
March 13, 2018 1:00 pm ET / 12:00 pm CT (90 min)
Speaking Engagement: Streamlining Government Change Order Processes - Can It Be Done?
Jim Zack discusses the difficulties in speeding up change order processes and why such efforts are quite often doomed to fail due primarily to a misunderstanding regarding when a change starts and when a change order process commences at the CMAA Capital Projects Symposium in Denver Colorado.
March 19 11:00 am – 12:00 pm MT
Webinar: Alternative Dispute Resolution - Your Key to Staying Out of Court
Navigant’s Dave Halligan and Jim Zack, alongside Adam Bult and Jonathan Pray of Brownstein Hyatt Farber Schreck, LLP discuss over 40 alternate methods for resolving disputes when they cannot be negotiated by the parties. These methods promote a decrease in expensive litigation or arbitration costs through the increased use of mediation, partnering, and dispute resolution boards.
March 20, 2018 1:00 pm ET / 12:00 pm CT (90 min)
Webinar: Is the Concurrent Delay Defense Really a “Get Out Of Jail” Card?
Emily Federico and Jim Zack explore the mechanisms based on recent court rulings that owners employ to defeat a contractor’s “concurrent delay defense”.
March 21, 2018 1:00 pm ET / 12:00 pm CT (90 min)
Webinar: Public Private Partnership Projects - What, Why & How is Risk Allocated
Peter Badala and Jim Zack explore the various aspects of Public Private Partnership (P3) projects focusing on what they are, why owners employ this project delivery method, how such projects are structured, and how risk is typically allocated.
March 22, 2018 1:00 pm / 12:00 pm CT (90 min)
Webinar: Trends in Construction Claims and Disputes
Jim Zack and Kimon Yiasemides explore the newest trends in construction claims and disputes and offer advice to industry professionals about how they can minimize problems resulting from these trends.
March 26, 2018 2:00 pm ET / 1:00 pm CT (90 min)
Webinar: Overview of Construction Claims & Disputes
John Livengood & Jim Zack discuss the 11 basic types of construction claims included in most standard contracts used throughout the U.S., outline the entitlement and causation elements of each type that the claimant must demonstrate, and cover various dispute resolution methodologies.
March 27, 2018 1:00 pm ET / 2:00 pm CT (90 min)
Webinar: Differing Site Condition Claims - Is the Risk Still the Same?
Jim Zack discusses the differing site conditions clause, explores the changes in risk allocation and examines how the typical understanding of this 90-year-old clause is being modified in Court and Board decisions.
March 29, 2018 1:00 pm ET / 12:00 pm CT (90 min)
Webinar: Proving and Pricing Subcontractor Delay Claims
Jim Zack and John Sween review the typical causes and contractual issues of subcontractor delay claims, the problems facing general contractors when faced with the request to pass through subcontractor delay claims to owners, and the recoverability of damages.
April 3, 2018 1:00 pm ET / 12:00 pm CT (90 min)
Webinar: A Crystal Ball - Early Warning Signs of Construction Claims and Disputes
Jim Zack provides owners and contractors with a list of early warning signs of claims and disputes so that each can be proactive in dealing with these situations and prevent claims and disputes from disrupting the project.
April 5, 2018 2:00 pm ET / 1:00 pm CT (90 min)
Webinar: Delivering Dispute Free Projects - Does Partnering Help?
Dave Halligan and Jim Zack identify and discuss eight case studies across the country to discover whether partnering actually reduces disputes, noting the “best in class” partnering results.
April 10, 2018 1:00 pm ET / 12:00 pm CT (90 min)
Speaking Engagement: Know Something that Nobody Else Knows – The Economics of Construction
Navigant’s Harold Dorbin speaks on a panel with Brian Zimmerman, Hurtado Zimmerman, S.C., Katy B. Corrigan, McCarthy Building Companies, Karen P. Layng, M.A.I.T. Co., and Stan Simmons, Lyles Construction at the ABA Forum on Construction Law 2018 Annual Meeting. The session explores the economic relationships among and differences between the various participants on construction projects, including the key economic forces driving owners, architects, engineers, contractors, subcontractors and suppliers.
April 12, 2018 8:45 am – 10:15 am CT
Webinar: Time Extension Requests - What Does a Contractor Have to Prove?
Jim Zack and Patrick Kelly discuss when a contractor is entitled to compensable delay and under what circumstances, the rules concerning the burden of proof concerning delay, and what must be proven to justify time extensions.
April 12, 2018 1 pm ET / 12 pm CT
Webinar: Constructive Acceleration – At Home & Abroad
Jim Zack discusses how to construct a constructive acceleration claim in the U.S. and abroad.
April 24, 2018 1:00 pm ET / 12:00 pm CT (90 min)
Speaking Engagement: Implications of Dispute Boards on Cost and Schedule
Israel Almodovar will present on a panel entitled “Implications of Dispute Boards on Cost and Schedule” at the DRBF Regional Conference in Mexico City.
April 25-26, 2018
Webinar: Icons and Innovators Webinar Series – Microhospitals
Phil DeBruzzi from Navigant and Rod Booze from E4H Design will share their experience and key considerations for planning and designing a Microhospital.
April 26, 2018 2:00 pm ET / 1:00 pm CT