TSP 2015 / OCT 24-27 / Savannah, GA Go to TSP 2016 »


Management of Delay and Disruption

Tim Fitzgerald

Synopsis of Presentation

ISSUE:  Today’s General Contractors use carefully worded subcontract language to limit their own financial risk on a Project and push this risk onto the backs of subcontractors.  This process has become so widespread and punitive that it can be argued that some GCs use it as a virtual line item in their plan to maximize profits. GCs count on the fact that most subcontractors will not read, understand and consequently will not comply with the multiple subcontract requirements, making themselves unable to avoid the “push-down” financial risks from the GC.
WHAT THIS SEMINAR COVERS.    We will review current examples of wording found in today’s subcontracts that are drafted to push financial risk onto the backs of the trades.   Using these examples, we will develop a procedure for the subcontractor to identify and comply with these requirements, as well as, protect their bottom line through the notice, change order and claims process.  Contractors will learn practical procedures to avoid claims from others while maximizing their own ability to make claims for financial losses caused by others. 

Timothy Fitzgerald has served the construction industry for over 46 years as a scheduler, resource manager, safety director, claims and claims avoidance consultant, as an expert witness.  He has supported over 220 subcontractors, including demolition, grading, steel erection, roofing, electrical, mechanical, fire sprinkler, framing, glass systems, metal panels, tile, flooring, wallcovering, painting, and stone systems, helping them to work through their claims process, prepare claims for damages, and appear in court/arbitration across the east coast as an expert witness to either defend against claims by others or to present his client’s claim for damages.  He is currently representing tile, framing, demolition, glass and roofing trades on claims in North and South Carolina, Georgia, Florida, Virginia, Pennsylvania, New Jersey and Louisiana.  Much of his current work involves the training of his clients to protect their bottom line as General Contractors use their subcontract language to transfer their financial risk to the backs of the trades.  Mr. Fitzgerald has a BS degree in Mathematics, a MS degree in Oceanography, and an MBA in Project Management.