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Overview
Win Delay and Disruption Claims by Mastering Schedules, Proof, and Damages
A project goes off track - delays stack up, productivity drops, and change orders pile in. Everyone agrees something went wrong. The dispute is over why and who pays. Can you get to the bottom of it and help your client come out on top?
This program gives you a practical framework for analyzing and resolving delay and disruption claims, from scheduling and contract risk to proof and damages. Learn how to identify critical path impact, evaluate delay and disruption theories, navigate change order disputes, and quantify damages that hold up under scrutiny. Register today!
- Spot contract clauses that control delay exposure - and how they impact your claim.
- Identify the strengths and weaknesses in delay and disruption claims early.
- Evaluate disruption, loss of productivity, and cumulative impact claims.
- Assess acceleration claims and when they become compensable.
- Navigate change order disputes, including constructive and undocumented changes.
- Calculate and defend delay and disruption damages.
- Use project records and scheduling experts to build stronger claims.
Abbreviated Agenda
- Construction Schedules: The Foundation of Delay and Disruption Claims
- Key Construction Contract Clauses That Drive Delay and Damage Exposure
- Delay Claims: Legal Framework, Proof, and Case Law
- Beyond Delay: Proving Disruption, Loss of Productivity, and Cumulative Impact
- Acceleration Claims: When Time Pressure Becomes Compensable
- Change Orders and Their Role in Delay and Disruption
- Calculating Damages in Delay and Disruption Claims
- Evidence, ADR, and Litigation Strategy
- Legal Ethics
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
Select Jurisdiction
CLE
Agenda
-
Construction Schedules: The Foundation of Delay and Disruption Claims
- Types of Schedules
- Key Scheduling Concepts
- Baseline vs. Updated Schedules
- Contract Requirements
-
Key Construction Contract Clauses That Drive Delay and Damage Exposure
- No-Damage-for-Delay Clauses
- Time Extension Provisions
- Liquidated Damages Clauses
- Force Majeure: Scope, Limits, and Emerging Issues
- Pay-if-Paid/Pay-When-Paid Impacts
-
Delay Claims: Legal Framework, Proof, and Case Law
- Excusable vs. Non-Excusable Delay: Who Bears the Risk?
- Compensable vs. Non-Compensable Delay
- Critical vs. Non-Critical Delay (Proving Critical Path Impact)
- Concurrent Delay
- Delay Analysis Methodologies
- Proving Delay Claims
-
Beyond Delay: Proving Disruption, Loss of Productivity, and Cumulative Impact
- Delay vs. Disruption
- Design Errors, Changes, and Late Information
- Site Conditions and Coordination Failures As Drivers of Disruption
- Cumulative Impact / Ripple Effect
- Proving Disruption
- Recent Case Law and Emerging Trends in Disruption Claims
-
Acceleration Claims: When Time Pressure Becomes Compensable
- Directed vs. Constructive Acceleration
- Proof and Damages for Acceleration
-
Change Orders and Their Role in Delay and Disruption
- Change Orders as a Source of Delay or Disruption
- Verbal / Undocumented Change Orders
- Constructive Change Orders
- Time Extensions and Change Orders
- Pricing Change Orders and Reserving Rights
-
Calculating Damages in Delay and Disruption Claims
- Recoverable Damages (Including Extended Overhead)
- Calculating and Negotiating Damages
- Costs Captured in Change Orders: Avoiding Double Recovery
- Mitigation Obligations and Defenses to Damages
-
Evidence, ADR, and Litigation Strategy
- Project Documentation and Evidence (Schedules, Daily Reports, RFIs, Meeting Minutes, Change Order Logs, etc.)
- Use of Experts in Delay and Disruption Claims
- Arbitration Trends in Construction Disputes
- Effective Use of Mediation
- Strategic Use of Scheduling Evidence in Hearings and Trial
-
Legal Ethics
- Conflicts of Interest
- Working With Experts and Consultants
- Managing Client Expectations
- Avoiding Spoliation and Discovery Issues
Who Should Attend
This program is designed for attorneys. Construction managers, project executives, claims consultants, and paralegals may also benefit.
Speakers
Speaker bio
Joseph M. Leone
is a partner in the Carmel, Indianapolis, Crown Point, and Zionsville law firm of Drewry Simmons Vornehm, LLP, with a concentrated practice in the areas of construction and public contract law. He represents all participants in the construction industry, including public and private owners, general contractors, construction managers, design-builders, and trade contractors in drafting and negotiating contracts, providing general counsel, and in all types of performance and payment dispute resolution. Mr. Leone earned his B.S. degree from Purdue University and his J.D. degree from the Indiana University McKinney School of Law. Through his practice and his prior experience in the construction industry, he has developed particular expertise in alternative project delivery systems such as Integrated Project Delivery (IPD), construction management, both agency and at risk, and design-build. He is a member of the American Bar Association (member, Forum Committee on the Construction Industry; Public Contract Law Section), Indiana State Bar Association (past chairman, Construction and Surety Law Section), Indiana Construction Association, and Associated General Contractors of America (vice chair, Contract Documents Forum). Mr. Leone is a frequent author and lecturer and conducts continuing education classes for contractors, architects, engineers, and other lawyers on construction law related topics.
Speaker bio
Michael F. Drewry
is a partner in the Carmel, Indianapolis, Crown Point, and Zionsville law firm of Drewry Simmons Vornehm, LLP. He practices in construction law and litigation, public contract law and surety law. Mr. Drewry represents public and private owners and agencies, general contractors, construction managers, design builders, trade and specialty contractors, subcontractors, material suppliers, design professionals and construction sureties. He also is the firm's managing partner. Mr. Drewry has written numerous articles and seminar manuals on a broad range of construction law topics. He is a frequent lecturer for construction trade association conferences and construction law seminars for the legal community and construction industry (both as program chairman and as author and speaker). Mr. Drewry is a member of the Indianapolis, Indiana State Bar Association (chairman, Construction & Surety Law Section) and American Bar Association (member, Forum Committee on the Construction Industry, Public Contract Law Section, and Fidelity and Surety Law Subcommittee). He earned his B.A. degree, with highest distinction, from Purdue University, M.A. degree from the University of Minnesota and his J.D. degree, magna cum laude, from Indiana University School of Law.
Speaker bio
Daniel M. Drewry
is a partner with Drewry Simmons Vornehm, LLP, where he focuses his practice in the areas of construction law and labor and employment law. He represents all participants in the construction industry, including public and private owners, general and prime contractors and subcontractors in all types of project delivery systems and performance and payment disputes, including project delays and impacts, constructive changes, and defaults, as well as contract drafting and negotiations. Mr. Drewry also chairs the Drewry Simmons Vornehm, LLP Labor and Employment Group and represents businesses in a variety of labor and employment law issues. He received his B.A. degree from Purdue University and his J.D. degree from the University of Cincinnati College of Law. Mr. Drewry has spoken and written extensively on a variety of construction law and labor and employment law topics at the local and national level. In addition to membership in local, state and national bar associations, he is an officer for the Construction and Surety Law Section of the Indiana State Bar Association and a Steering Committee Member of Division 4 Project Delivery for the American Bar Association’s Forum on Construction Law. He is also an active member in trade associations, including Indiana Subcontractors Association (ISA), Associated Builders & Contractors (ABC), Associated General Contractors (AGC) - including membership in the AGC Labor and Employment Council, Construction Financial Management Association (CFMA), Construction Advancement Foundation (CAF), Indiana Water Environmental Association (IWEA), and Construction Management Association of America - Indiana Chapter (CMAA).
Speaker bio
Patrick A. Drewry
is a partner in the Carmel, Indianapolis, Crown Point, and Zionsville law firm of Drewry Simmons Vornehm, LLP. He practices in construction law and litigation, public contract law, surety law, and commercial and business litigation. Mr. Drewry represents all participants in the construction process, including both private and public owners, general and prime contractors, subcontractors, suppliers, and construction sureties. He handles all construction matters from bidding and contract negotiations through field performance problems and claims resolution in mediation, arbitration, and litigation. Mr. Drewry is a member of Indiana Subcontractors Association, and the chair of the Education Committee. He also is a member of the Indiana State Bar Association, Construction and Surety Law Section and Litigation Section; and American Bar Association, Forum on the Construction Industry (Member: Division 9, Specialty Trade Contractors and Suppliers, Public Contract Law Section, TIPS, Fidelity and Surety Law Committee, and Litigation Section - Construction Litigation Committee). Mr. Drewry earned his B.A. degree, Dean’s Scholar, from Purdue University and his J.D. degree from Indiana University School of Law - Indianapolis.
Speaker bio
Jeffrey M. Kraft
is a partner in the Carmel, Indianapolis, Crown Point, and Zionsville law firm of Drewry Simmons Vornehm, LLP. He concentrates his practice in construction law and general civil litigation. Mr. Kraft has experience representing individuals and businesses across the construction industry (owners, developers, general contractors, subcontractors, architects, engineers, surveyors, etc.), in a wide range of construction-related claims, including design/construction defect claims, performance/payment disputes, lien actions, breach of contract claims, professional liability claims, personal injury claims (job-site injuries, slip-and-falls, car accidents), defamation claims, breach of non-compete/confidentiality agreement claims, and environmental compliance/site cleanup claims. Mr. Kraft earned his B.A. degree from University of Notre Dame and his J.D. degree from Indiana University Maurer School of Law. He is a member of the Indiana State Bar Association, Defense Research Institute and Defense Trial Council of Indiana.
Speaker bio
Evan M. Norris
is an attorney with Drewry Simmons Vornhem, LLP. He concentrates his practice in the areas of construction litigation, premises liability, and coverage actions. Mr. Norris has represented clients who have been named in catastrophic accidents, including transportation and construction matters that center on claims of negligent design, construction, and maintenance defects. He also has considerable experience representing governmental officials in a wide variety of actions ranging from intentional torts to wrongful death claims. Mr. Norris earned his B.S. degree from Indiana State University and his J.D. degree from Indiana University, Robert H. McKinney School of Law. He is a member of the Defense Trial Counsel of Indiana; Boone County Racial Diversity Coalition, board member; Boone County Racial Diversity Coalition; officer-assistant secretary; The Federalist Society Indianapolis Chapter, member; and White River Alliance, board member. He is admitted to practice in Indiana, Indiana Supreme Court and U.S. District Court Northern and Southern districts of Indiana.
Speaker bio
Tyler Jones
is an attorney at Drewry Simmons Vornehm, LLP. He concentrates his practice in civil litigation and risk management. Mr. Jones' areas of focus include construction, personal injury, commercial litigation, labor and employment, transportation law and appellate practice, among others. He earned his B.A. degree from Indiana University and his J.D. degree summa cum laude from Indiana University, Robert H. McKinney School of Law.
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