Construction Super Conference 2018

S34 Be in the Know: The New Era of Contractor-Owner Claim Disputes (Room Encore Ballroom 8)

12 Dec 18
1:45 PM - 3:00 PM

Tracks: Business, Business, Business, Business, Business, Business, Business, Business, Business, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating, Embroidery, Embroidery, Embroidery, Embroidery, Embroidery

This session will present a discussion of recent trends in Public Owner's tactics in defending valid claims made by contractors. More and more frequently, contractors must respond to artificial efforts by Public Owners to preempt the initiation of dispute resolution procedures and/or litigation by contractors.  Recently, contractors have seen an increase in Public Owners asserting default, threatening termination, and asserting bond claims in an attempt to gain leverage over anticipated and/or forthcoming contractor claims. These efforts are too often transparent attempts by owners to cover up design deficiencies, owner-caused delays, disruption and sequencing issues, which had not been disclosed by the Owner and/or should have been known by the owner.

Upon completion of this session, participants will be able to:

  • Recognize, predict and mitigate aggressive tactics taken by public owners in claims scenarios.
  • Understand the best options at contractors' disposal to respond to these aggressive owner tactics.
  • Understand how these owner tactics may impact bonding capacity and/or underwriting.