James G. Zack, Jr

Leading Authority in Construction Claims Management

Principal, James Zack Consulting, LLC 

United States

About

James G. Zack, Jr. is the principal of James Zack Consulting. James was formerly the Executive Director, Navigant Construction Forum™ and previously, Executive Director, Corporate Claims Management Group at Fluor Corporation. Before that, he was Vice President of PinnacleOne and Executive Director of the PinnacleOne Institute. Earlier in his career, he was also a Senior Construction Claims Consultant at CH2M HILL.

For more than 54 years, he has worked on both private and public projects in 36 states in the U.S. and 39 countries abroad. James is a recognized expert in mitigation, analysis, and resolution or defense of construction claims. He has authored or co-authored more than 125 papers and other publications and presented to more than 250 organizations around the globe.

James is a Fellow of AACE International, the Royal Institution of Chartered Surveyors, the Guild of Project Controls, and the Society of Construction Claims Specialists International. He is a Certified Construction Manager, Certified Forensic Claims Consultant, Expert Certified Construction Claims Specialist, Expert Certified Construction Delay Analyst, and Project Management Professional.

To connect with James, please check his LinkedIn profile.

 

Technical Speaker

No Delay, No Impact, No Way!

When owners and contractors discuss construction claims, the focus typically centers on poor design, change orders, site conditions, and delays. When damages come up, everyone talks about labor costs, time extensions, and extended overheads. But there’s a critical category often overlooked: impact damages.

Impact damages are the downstream effects of adverse events—the ripple effects that aren’t typically compensated for in standard change orders or claim settlements. These hidden costs accumulate quickly, yet they’re frequently left unaddressed, leaving money on the table or creating disputes down the road.

This session cuts through the confusion. We’ll explore typical causes of impact damages and the essential elements of proof necessary to recover these claims successfully. Here’s the reality: while many impact damage claims are legitimate and recoverable, many others don’t hold up under scrutiny. Understanding the difference is crucial.

You’ll gain practical insight into 10 legitimate impact damage claims that deserve compensation, along with the evidence needed to support them. We’ll also examine 11 frequently asserted impact damage claims that require closer examination—and discuss potential defenses owners can use to protect their interests. Whether you’re pursuing or defending against impact damage claims, this session will equip you with the knowledge to navigate these complex issues with confidence.

Here’s what you’ll gain by attending this session:

    • Learn how impact damages are recoverable under most contracts around the world—making this knowledge essential regardless of where you work.
    • Understand why impact damages are separable from delay damages and how this distinction affects your claim strategies.
    • Discover that contractors don’t have to prove project delay to recover impact damages—opening new avenues for compensation.
    • Explore successful impact damage claims and gain clarity on exactly what evidence and documentation is needed to recover them.
    • Identify common games played with questionable impact damage claims and learn practical defenses to protect against them.

 

Presentation Category: Risk Analysis / Management

Competency Level: Advanced