Learn what is needed to accurately and persuasively price a price escalation claim.
Delays on construction projects are inevitable. And, as such, so are the damages stemming from those delays. While some of these damages are straightforward calculations, others, such as cost escalation damages, are less so. So, what is a construction contract escalation clause, and how does it apply to your project? Owners will learn where and how their contracts allow recovery for escalation claims, and what the contractor must prove to be entitled to that recovery. This will enable owners to understand what they should pay and what they shouldn't pay. Contractors, CMs, attorneys, and the consultants and accountants that advise them will learn what is needed to accurately and persuasively price a price escalation claim. The focus is on the hard topics - the legitimate escalation damages associated with delay, and the damages often claimed that are not legitimate. Additionally, some case studies will be provided to show exactly how these clauses are interpreted and the damages for escalation calculated.
Learning Objectives
- You will be able to define what cost escalation is.
- You will be able to describe the different types of cost escalation that may occur on a construction project.
- You will be able to explain the scenarios in which a contractor may be able to recover for cost escalation claims.
- You will be able to review how to calculate the damages due in cost escalation claims.
63 minutes
Course Exam
Certificate of Completion
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Agenda
Definitions
- Critical Path
- Labor Escalation
- Material Escalation
Escalation Contract Clauses
- Examples of Contract Clauses for Labor Escalation - Both Effective and Ineffective
- Examples of Contract Clauses for Material Escalation - Both Effective and Ineffective
- Situations in Which Escalation Is Commonly Experienced
Demonstrating Delay to Recover
- Why Must a Contractor Demonstrate Delay to Recover Escalation Damages
- Prospective Delay Analysis
- Retrospective Delay Analysis
Calculating Escalation Damages Case Study
- Labor Escalation Calculation
- Material Escalation Calculation
Questions and Answers
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Credits
OnDemand Course
Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.
This course was last revised on February 1, 2024.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education, including hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.0
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- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.0
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- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
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- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
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- IL ENG 1.0
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- MN ENG 1.0
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- NH ENG 1.0
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- NJ ENG 1.0
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- NM ENG 1.0
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- NV ENG 1.0
- This course is applicable for 1.0 professional development hours through the Nevada State Board of Engineering and Land Surveyors.*
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- PA ENG 1.2
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- SC ENG 1.0
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- SD ENG
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- TN ENG
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- TX ENG
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- UT ENG
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- VA ENG 1.0
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- VT ENG
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- WI ENG 1.0
- This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers.*
*The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
- WV ENG 1.0
- This course is applicable for 1.0 professional development hours for engineers.*
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- WY ENG 1.2
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- ICC 0.1
- Lorman Education Services is an International Code Council Preferred Provider. This event is approved for 0.1 CEU's through ICC.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NJ CLE 1.3
- NM CLE 1.0
- NY CLE 1.0 including Areas of Professional Practice 1
- VT CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Bill Haydt, Esq.
Trauner Consulting Services, Inc.
- Managing Principal, Shareholder at Trauner Consulting Services, Inc.
- Qualified expert in construction scheduling, delay analysis, and damages
- Has drafted various project delivery procurements and contracts for a large agency, including Design-Bid, and CMAR procurements/contracts
- Expertise lies in the areas of construction claims preparation and evaluation, development and review of critical path method (CPM) schedules, delay analysis, training, and dispute resolution.
- Certified and award-winning instructor for Federal Highway Administration’s National Highway Institute courses, including Managing Highway Contract Claims: Analysis and Avoidance, and has provided CPM scheduling services to contractors and owners on a variety of projects, including bridge, highway, educational, and hotel projects.
- Has presented seminars, webinars, and construction claims-related presentations for private firms and public agencies across the country.
- B.A.Degree in Civil Engineering and Architectural Engineering, Drexel University and J.D. degree, Temple University James E. Beasley School of Law
- Can be contacted at [email protected] or 215-814-6400
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