Suspend Work – “Remain on Standby” – What Can A Contractor Recover?
When an owner issues a suspended work directive is the contractor entitled to recover delay and delay damages? This session examines what damages are typically owed when work is suspended and some limitations of suspension damages. Five court cases setting forth key requirements necessary to collect damages are discussed. Recommendations on what actions contractors should take when work is suspended are provided and why these actions may help owners resolve such claims in the field rather than the courtroom.Areas CoveredTypes and causes of suspensionsWhy do owners need a suspension clause in contractsThe operation of Suspension clausesRecoverable damages under Suspension clausesLimitations on recoverable damagesSome recent court rulings impacting damage recoveryCurrent tests for recovery of suspension damagesRecommendations for contractors to protect their rights to recover damagesRecommendations for owners to mitigate suspension damagesWho Should AttendOwner and Contractor Project ManagersResident Engineers or ArchitectsAgency Construction ManagersConstruction Managers @ RiskDesign ManagersLegal Counsel Representing Owners or ContractorsWhy Should You AttendLearn what is a suspension of workThe types and typical causes of suspensionsThe operation of a suspension clauseWhat damages are recoverable, and which are notThe current tests of damage recoveryAnd how contractors protect their rights to recover suspension of work damagesTopic BackgroundOwners have the contractual right to suspend all or a portion of the work during the construction of a project. When they do so, contractors assume that they are entitled to a time extension and time-related damages. This assumption is not accurate in all cases. This webinar explores the operation of Suspension of Work clauses and sets forth the new rules on damage recovery.
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When an owner issues a suspended work directive is the contractor entitled to recover delay and delay damages? This session examines what damages are typically owed when work is suspended and some limitations of suspension damages. Five court cases setting forth key requirements necessary to collect damages are discussed. Recommendations on what actions contractors should take when work is suspended are provided and why these actions may help owners resolve such claims in the field rather than the courtroom.
Areas Covered
- Types and causes of suspensions
- Why do owners need a suspension clause in contracts
- The operation of Suspension clauses
- Recoverable damages under Suspension clauses
- Limitations on recoverable damages
- Some recent court rulings impacting damage recovery
- Current tests for recovery of suspension damages
- Recommendations for contractors to protect their rights to recover damages
- Recommendations for owners to mitigate suspension damages
Who Should Attend
- Owner and Contractor Project Managers
- Resident Engineers or Architects
- Agency Construction Managers
- Construction Managers @ Risk
- Design Managers
- Legal Counsel Representing Owners or Contractors
Why Should You Attend
- Learn what is a suspension of work
- The types and typical causes of suspensions
- The operation of a suspension clause
- What damages are recoverable, and which are not
- The current tests of damage recovery
- And how contractors protect their rights to recover suspension of work damages
Topic Background
Owners have the contractual right to suspend all or a portion of the work during the construction of a project. When they do so, contractors assume that they are entitled to a time extension and time-related damages. This assumption is not accurate in all cases. This webinar explores the operation of Suspension of Work clauses and sets forth the new rules on damage recovery.