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James Zack

Principal at James Zack Consulting
International Speaker, Published Author, Claims & Dispute Resolution Thought Leader

Colorado, USA

About

Jim is an internationally recognized and published expert in mitigation, analysis and resolution of construction claims and disputes. For 48 years, Jim has worked on both private and public projects throughout the U.S. and in 32 countries abroad. He has worked for both contractors and owners on more than 5,000 claims in his career.   

Currently, he is serving as the Principal of James Zack Consulting, LLC a construction claims consultancy dedicated to aiding owners and contractors complete their projects in the field, not in arbitration or court. He is also the Senior Advisor to the recently formed Ankura Construction Forum™; a forum that strives to be the construction industry’s resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally.

Jim has authored or co‐authored 121 professional publications and presented to 220 government agencies, professional associations, law firms, construction contractors, construction management firms, and design professional firms in the U.S. and abroad.  

Since 2011, Jim has created and presented 282 webinars and 138 live presentations.  He has also crafted and provided 47 two day construction claim seminars; edited and published 20 issues of a professional journal entitled Insight from Hindsight; authored or co‐authored 45 articles; authored or co‐ authored 25 research publications; and, authored 6 chapters published in professional books. He also serves as a technical reviewer for the American Society of Civil Engineers Journal of Management in Engineering and as a technical reviewer of proposed technical papers at the AACE International Annual Meeting.

Jim is a Fellow of AACE International, the Royal Institution of Chartered Surveyors, and the Guild of Project Controls. He is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), and a Project Management Professional (PMP).

Title & Abstract for Online Technical Tracks

Early Completion Schedules – Benefits, Risks & Defenses

So you think you’ve completed the project early?!

Have you ever considered the benefits and risks of early completion schedules?

What are the contractor’s rights to complete work early? Can the contractor seek an equitable adjustment should their early completion be delayed?

In this presentation, you’ll explore:

  • The use of early completion schedules, including the benefits and risks of employing such schedule.  
  • The contractor’s right to complete work early
  • The risk of project owners interfering with or ignoring the contractors’ intended early completion.  
  • Ways owners can defend themselves from claims and disputes related to early completion schedules.

A Crystal Ball – Early Warning Signs Of Construction Claims & Disputes

It is axiomatic that claims and disputes on a project do not simply appear out of nowhere. Experience indicates that when a dispute occurs, there usually is a back story or his­tory of events, decisions, lack of decisions, etc. that can be traced back from a few weeks to several years that gave rise to the dispute. It is typically these past events or decisions that are identified as “early warning signs” of claims and disputes.

Typically, it is only when claims are filed at the end of a project that attorneys and claims consultants review all project documentation and interview the project team. Often, this hindsight review of events and documents turns up numer­ous early warning signs. Often, when these are pointed out to the project team, many comments, “If only I had recognized that then!”

The research revealed there is little literature setting forth a detailed list of early warning signs of pending construction claims and disputes.

This presentation highlights some of these early warning signs compiling them into three typical phases of a project, including the bid or proposal phase, the initial contract phase; and, the construction phase. You’ll explore which party should watch for which early warning sign and what sort of claim or dispute may arise.