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Construction Delays: Causes, Prevention and Damages

SKU: CON2400
Total Credits
1 - 1.7
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It is well accepted in the construction industry that "time is money." This CLE program will present a case study demonstrating the procedures an owner/developer should implement to avoid delay, mitigate the effects of delay and disruption, and recover damages resulting from the effects of delay. Scheduling techniques and contract clauses will also be discussed.

Lecturer Bios

Kenneth M. Block, Esq.

Kenneth M. Block is the Construction Chair of the Tannenbaum Helpern's Real Estate, Environmental and Construction Law Department and is an acknowledged leader in the area of construction law. Ken is the Co-Chair of the Construction Law Committee of the New York State Bar Association Real Property Law Section and the author of the New York Law Journal Construction Law column. He lectures extensively on construction legal and business issues and represents prominent real estate owners, developers and not-for-profit institutions.

Initially trained as a litigator, Ken has extensive experience with disputes involving real estate financing, contracts of sale, leases, construction contracts, liens and design and construction defects. Ken remains active in the litigation arena through participation in mediations, arbitrations, trials and appeals. Over the past two decades, Ken has applied his litigation skills to the preparation and negotiation of a wide variety of construction contracts, utilizing both modified AIA forms as well as customized manuscript forms. Fully conversant in the construction process, Ken provides value added services by assisting in structuring owner-favorable business, financial and legal terms for his clients.

Ken has been selected for inclusion in New York Super Lawyers (2008-2014), listed as a Top Lawyer (Litigation) in Avenue Magazine for (2010-2012), recognized in Chambers USA as a leading lawyer in construction for (2011-2012) and listed in Best Lawyers in America (2013 and 2014). Also, he maintains an AV Pre-eminent Rating from Martindale Hubbell.

Douglas E. Peterson, P.E.

Doug has over 35 years of professional experience in the fields of engineering and construction, including construction management, construction claims and litigation support, CPM scheduling, civil/ structural design and surety consulting. His project experience includes fossil fuel power generation facilities, cogeneration, resource recovery, water and wastewater, mass transit, medical, defense, commercial, industrial, educational and high-rise.

Doug has been qualified as an expert and has provided expert testimony on schedule impact analysis and damages including delays, inefficiency, disruption, excessive changes, differing site conditions, extra work, termination and productivity at mediation, arbitration, and litigation proceedings. He has served as arbitrator in several construction disputes, with the key issues being incomplete design, change orders, delay, and damages. Doug has also lectured on a number of subjects including constructability, value engineering, construction claims analysis, claims avoidance, documentation, and scheduling.

Joshua Levy, Esq.

Joshua Levy is an associate in the firm's Real Estate and Construction Law practice.

Josh has a broad range of experience drafting, reviewing, analyzing and negotiating construction contracts on behalf of owners, contractors and various professionals. His work has resulted in the execution of countless construction contracts, architects agreements, construction management agreements, and professional services agreements for both private and public projects. His experience working with owners as well as contractors and professionals equips Josh with the ability to successfully negotiate agreements on behalf of a broad array of clients.

Josh also has extensive experience in a broad array of environmental, land use, construction and renewable energy issues. His environmental experience deals with contaminated properties, water and wetlands issues, land use matters, renewable energy projects, green building projects, National Environmental Policy Act issues, environmental transactional support, regulatory issues, and general litigation strategies.

Josh is well-versed in environmental regulatory matters, assisting clients in navigating the complex regulatory regime to effectively obtain required agency approvals. His prior experience in the regulatory field with the United States Army provides Josh with the unique experience to properly manage the multi-faceted approach required to obtain favorable results for clients. Josh also advises purchasers, sellers, insurers, and borrowers regarding the environmental implications of anticipated transactions.

Josh is also a skilled litigator, handling matters in federal and state court, and before state and city agencies and municipal bodies. He has experience drafting litigation briefs, motions and other pleadings; conducting discovery and deposing and defending witnesses; handling negotiations; opposing and supporting land use applications; and participating in summary judgment and trials. Josh also has experience with policy development and legislative and regulatory activities, including analysis and drafting of legislative language and preparing and commenting on proposed rules.

Before becoming an attorney, Josh was a wildlife and wetland biologist with private consulting firms and a National Environmental Policy Act Specialist with the United States Army. He has delineated more than 500 water resources, surveyed for owls and other wildlife, designed wetland mitigation projects, developed survey plans, managed field crews, documented stream characteristics, surveyed for asbestos containing material, and drafted Environmental Assessments, Environmental Impact Statements, Storm Water Pollution Prevention Plans, Biological Assessments and Mitigation Plans.

In 2010, Josh was listed as a "Rising Star" in New Jersey Super Lawyers and has been selected for inclusion in New York Super Lawyers for 2014.

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