Upcoming WPL Publishing Webinar to Focus on the Legal Implications of Construction Schedules

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The interactive event is suited for a wide variety of professionals within the construction community, including engineers, architects, public and private owners, design professionals, contractors, subcontractors, manufacturers, suppliers, and construction law attorneys.

Early next month, a pair of experts speaking at a WPL Publishing webinar will discuss the legal implications of construction schedules and review case law on the subject.

Construction managers, program and project managers, contractors, owners, and planning and scheduling professionals in the construction industry work with schedules every day. However, many of them may be unaware of the legal implications of a schedule’s creation, approval, acceptance, management, modification, and updating. Contract schedule clauses, when they exist, provide a starting point, stating the purpose of a schedule, 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 on this subject has evolved, shaping general requirements for the creation and subsequent role of schedules in proving or defending claims for delays, acceleration, impact, and lost productivity. During the webinar, the experts will explain many of the challenges involving to schedule-related claims and cite specific cases to illustrate various construction-schedule scenarios. To register for the 90-minute event, which will take place Wednesday, Oct. 3, 2012, at 1:00 p.m. (EDT), visit http://tinyurl.com/9rjv2ej.

The speakers additionally will discuss how courts and boards of contract appeals have ruled, sometimes with conflicting outcomes, and answer relevant questions such as the following:

  • Is a critical path method (CPM) schedule necessary?
  • Will a PDF bar chart of a 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?
  • Do contractors need to coordinate with their subcontractors to have a legally sufficient schedule?
  • What role do schedules play in the legal determination of negligent management?

Addressing attendees during “Legal Implications of the Construction Schedule -- Historical Perspective and Recent Case Law,” will be John Livengood, a registered architect and attorney, and Patrick Kelly, a senior claims analyst with Arcadis.

Mr. Livengood has more than 37 years of experience in construction, design, delay analysis, and litigation support. He is proficient in architectural design, construction, project management, government contracts, litigation support, mediation, arbitration, and construction litigation.

Mr. Kelly has more than 15 years of construction management, government contracts, and consulting experience in the private and public sectors. He has been engaged by both the owner and contractor on federal, state, and municipal levels and specializes in transportation, government facilities, and critical-structures assignments. He has provided forensic schedule analysis and litigation support on construction methodology, cost analysis, and delay/disruption issues.

Following their presentations, there will be an interactive 10-to-15 minute question-and-answer session addressing relevant topics.

Webinar tuition is based on location, not number of participants, so each registration site can have multiple participants for one low price. To register, visit http://tinyurl.com/9rjv2ej.

WPL Publishing Co., Inc. provides expert training, education, and development resources for the construction industry via live webinars and its ConstructionPro Network website (http://www.ConstructionProNet.com). Through ConstructionPro Network, WPL publishes the independent newsletter ConstructionPro Week, providing news, analysis, and insightful commentary about recent developments involving construction law, green buildings, building information modeling, and various construction managerial technologies and techniques.

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Steve Rizer
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