Understanding and Demonstrating Delay Damages in Construction

June 09, 2022
90 Mins
Fritz Marth

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Most construction disputes involve a delay component; but analyzing and assigning responsibility for delay would be merely an academic exercise were it not for the costs associated with those delays. This webinar will explore the various delay related costs, or damages, incurred on a construction project both from an owner’s perspective as well as a contractor’s. It will look at the types of damages, the proof of damages, and the recoverability of those damages. I addition to “actual damages,” it will also cover the concepts surrounding liquidated damages and how liquidated damages limit both exposure and recovery.

Webinar Objectives

When delay is experienced on a construction project all parties, including owners, contractors, subcontractors, and design professionals, will incur additional costs known as delay damages. This webinar will provide a guide for identifying the various cost components of the delay damages experienced by each party, the methods for calculating those components, and the ways in which recovery can be sought.

Webinar Agenda
  • What are the various categories of delay damages?
  • What comprises these categories of damages?
  • How are delay damages quantified and calculated?
  • How are delay damages recoverable and recovered?
Webinar Highlights

In this session we will cover:

  • Compensable, Excusable, and Non-excusable delay
  • Direct and indirect damages
  • Liquidated versus actual damages
  • Contractor versus owner damages
  • Accounting for all damages suffered
  • Formulas for estimating indirect damages
Who Should Attend

Construction management professions including:

  • Project managers
  • Construction company Vice President level executives
  • Construction company corporate counsels
  • Attorneys specializing in construction law
  • Architects and engineers
Fritz Marth

Fritz Marth

Fritz Marth has over 30 years of experience in construction and construction program management specializing in construction disputes and claims resolution, critical path method scheduling and delay analysis, cost damages analysis, and litigation support. Mr. Marth has been involved in a wide variety of infrastructure, environmental, institutional, and residential projects involving: highway and bridge construction; public transportation facilities (airport, railway and bus stations); water and wastewater treatment facilities; landfills; hospitals and health care facilities; schools; hotels; apartment buildings and complexes; and custom homes. He has also served as a testifying expert in...
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