Legal Implications of the Construction Schedule --
Historical Perspective and Recent Case Law
Thursday, September 7, 2017
1:00 PM EDT • 90 Minutes
John C. Livengood, CFCC PSP
Construction managers, program and project managers, contractors, owners, and planning and scheduling professionals in the construction industry work with schedules every day. Yet what do they know about the legal implications of a schedule’s creation, approval, acceptance, management, modification and updating? Contract schedule clauses, when they exist, provide a starting point, declaring the purpose of the schedule and how it is to be used and maintained on the job, and its use as a tool for determining time-related changes or impacts. Over the years, a body of case law has evolved, giving shape to general requirements for the creation and subsequent role of schedules in proving or defending claims for delays, acceleration, impact and lost productivity.
Excellent and informative presentation that provided great insight to the legal aspects of CPM Scheduing.
Good information for all parties. Grateful that the speaker provided references to the slides for further knowledge.
Join John Livengood a recognized expert in construction scheduling, as he walks you through the varying challenges facing schedule-related claims. Citing specific cases to illustrate various construction schedule scenarios, John will discuss how the courts and boards of contract appeals have ruled, sometimes with conflicting outcomes, providing answers to questions you have such as:
- Do you need to have a CPM schedule?
- Will a PDF barchart of your computerized schedule meet the contract CPM schedule requirement?
- Do more detailed schedules change the legal landscape?
- Do approvals/acceptances make a difference?
- Is having a baseline schedule important?
- Can a schedule update serve as “Notice” under the contract?
- If you want to finish early, what are the requirements?
- Do contractors have to coordinate with their subcontractors in order to have a legally sufficient schedule?
- What role do schedules play in the legal determination of negligent management?
Forewarned is forearmed; the issues covered here are essential scheduling rules-of-the-road for construction professionals and their counsel in determining that the project schedules they are working with will successfully navigate the “schedule law” obstacle course.
Who Will Benefit?
This webinar is a must if you’re a public or private owner, design professional, engineer, architect, contractor, subcontractor, manufacturer, supplier or attorney. Use the form below to register now, to achieve optimum project success by learning the ins and outs of construction schedule law.
This event features key insights from our knowledgeable construction expert:
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John Livengood, Esq., AIA, FAACE: is a Managing Director in San Francisco with Navigant’s Global Construction Practice and is President of the AACE International. He has more than 40 years of experience in construction, design, claims and delay analysis and development as well as litigation support. He is a registered architect and attorney. John’s has developed and defended claims for and against owners, contractors, designers and governmental entities on large (and a few small) projects of all types. John has served an arbitrator in ICC and UNCITRAL proceedings as well as dozens of times as an expert witness in court and arbitration proceedings throughout the world. This work has generally focused on delay claims with associated productivity and costs issues. He is active in numerous professional associations including the American Bar Association (ABA) and the International Bar Association (IBA). He has published numerous articles in industry magazines including: ENR, Cost Engineering, The ABA Construction Lawyer and International Construction Projects. John speaks regularly at conferences hosted by the AACE, ABA, IBA, CMAA, DRBF and ASCE. He is one of the principal authors of the AACE Recommended Practice on Forensic Schedule Analysis (2011) and a contributor to a forthcoming book published by the ABA on the law of schedule delay.
In addition, a 10-15 minute period has been reserved at the end of the presentation for an interactive question-answer session so you can discuss specific issues or gain additional knowledge about topics discussed.
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