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Construction Delay and Disruption Claims: Attacking the Schedule Data and Winning Concurrency and Damages

In 2025, 661 credited delay days became 127 compensable after concurrency netting. Learn to serve a native P6 file request, read XER tables for manipulation, apportion concurrent delay, prove or defeat disruption and overhead damages, and cross the opposing scheduler.

2026-12-08 12:00:00

Program Details

2026-12-08 12:00:00

2026-12-08 12:00:00

2h CLE Credits

2026-12-08 12:00:00

Program Details

2026-12-08 12:00:00

Program Details

2026-12-08 12:00:00

Over 1,000+ webinars

2026-12-08 12:00:00

Course Overview

The Schedule Your Opponent Produced Is Not the Schedule That Decides the Case

2026-12-08 12:00:00

Delay claims no longer turn on the PDF bar chart. In 2025 board decisions such as Yul Lim, 661 credited delay days became 127 compensable days once concurrent delay was netted. The outcome turned on how the native Oracle Primavera P6 schedule files were obtained, analyzed, and apportioned. Amended Federal Rule of Evidence 702(b) now asks whether the expert’s method rests on sufficient facts or data.

Serve a native XER request, and you reach the scrubbed exports, audit data, and scheduling-option settings. Accept the PDF, and re-tied logic, imposed constraints, and progress-override flips go unseen. Miss a contractual notice deadline, and the claim is barred before the merits. Sign a release without a concurrency netting matrix, and compensable days vanish. Plead a New York or Texas no-damages-for-delay exception without mapping the evidence to its defined terms, and the clause holds.

Attendees leave with a manipulation red-flag sheet keyed to specific XER tables, a concurrency netting matrix, an NDFD-exception proof checklist, and a cross-examination outline for the opposing scheduler. They also leave knowing which forensic methods under RP 29R-03 and 52R-06 boards and courts accept when contemporaneous updates exist.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Native-File Request
Serve a native XER request that anticipates the “not available” and confidentiality objections and reaches scrubbed exports, audit data, and scheduling-option settings.
02
XER Manipulation Markers
Run update-to-update comparisons that expose re-tied logic, imposed constraints, float suppression, and the retained-logic-to-progress-override setting flip.
03
Method and Rule 702(b)
Choose windows versus modeled analysis under RP 29R-03 and 52R-06 and build or attack the source-validation record that decides a “sufficient facts or data” challenge, including a late expert swap.
04
Concurrency Netting Traps
Apply the Yul Lim and Alares netting to spot a release trap before a client signs, prove separability or pacing, and answer a different-method concurrent window.
05
Notice and NDFD Bars
Run limitations and contractual notice as a single intake screen and map native-file evidence to the defined terms of a New York or Texas no-damages-for-delay exception.
06
Disruption Proof and Cross
Prove or attack a measured-mile baseline, establish extended general conditions and home-office overhead window by window, and cross the opposing scheduler from a prepared outline.

Program schedule

clock 12:00 pm - 1:00 pm EST

Reading Native P6 Schedule Files for Manipulation and Choosing the Forensic Delay Method

This hour starts when the PDF bar chart stops. It covers the native XER request that reaches scrubbed exports, audit data and scheduling-option settings. It then covers the update-to-update comparisons that expose re-tied logic, imposed constraints, progress-override flips and float suppression, and the method choice that boards and courts accept when contemporaneous updates exist. Attendees leave able to serve a native-file request that anticipates the “not available” and confidentiality objections, read a manipulation red-flag sheet keyed to specific XER tables, and build or attack the source-validation record that decides a Rule 702(b) “sufficient facts or data” fight.

Andrew GibsonAndrew Gibson
Mario R. NicholasMario R. Nicholas
clock 1:10 pm - 2:10 pm EST

Apportioning Concurrent Delay and Proving Disruption Damages Past Notice and No-Damages Clauses

This hour turns forensic schedule findings into recoverable time and money, or into the defense that denies them. It starts with the 2025 board decisions where concurrency netting reduced large delay totals, including Yul Lim, where 661 credited days became 127 compensable, and Alares. It then covers limitations and notice bars, the New York and Texas no-damages-for-delay poles, measured-mile baselines, and extended general conditions and home-office overhead proved window by window. Owner, GC and subcontractor counsel leave able to spot a netting-and-release trap before a client signs, argue separability or concurrency in either direction, map native-file evidence to the defined terms of an NDFD exception, and cross an opposing scheduler, using a concurrency netting matrix, an NDFD-exception proof checklist and a cross outline.

Andrew GibsonAndrew Gibson
Mario R. NicholasMario R. Nicholas
Andrew Gibson

Andrew Gibson

Stoel Rives LLP

Mario R. Nicholas

Mario R. Nicholas

Stoel Rives LL

Andrew Gibson

Andrew Gibson

Stoel Rives LLP

C. Andrew Gibson is a partner in Stoel Rives LLP’s Real Estate, Construction, and Design Practice and co-chair of the firm’s Construction & Design Section, practicing from the Portland, Oregon office. A construction business litigator, he has litigated delay, defect, insurance and bond, bid protest, mechanic’s lien, real estate, and collection claims through mediation, arbitration, and trial. His delay-claim work includes serving as lead outside counsel to the general contractor on defect and delay claims arising from a design-build, 77,000-square-foot high-bay Air Force hangar in Arizona, litigating construction defect and delay claims for the owner of an Oregon city wastewater treatment plant, and negotiating the resolution of contract disputes and delay claims for the EPC contractor on a large Southern California battery energy storage project. He also drafts and negotiates project documents from design through construction and advises clients on contracting and insurance coverage. He is admitted in Oregon, California, and Washington, and before the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals.

Education & Credentials

Mr. Gibson earned his J.D. from Santa Clara University School of Law in 2005, with a High Technology Law Certificate, and holds B.A. degrees in History and in Political Science from the University of California, Berkeley, 2000. He is admitted to practice in Oregon, California, and Washington.

Recognition & Leadership

Mr. Gibson co-chairs Stoel Rives’ Construction & Design Section. He has been recognized in Chambers USA for Construction since 2025 and in The Best Lawyers in America for Construction Law and Litigation – Construction since 2022.

Professional Involvement

Mr. Gibson writes regularly on construction contracting and claims for the Daily Journal of Commerce, Portland Business Journal, and other publications. His recent articles include “Can a Contractor Simply Walk Off a Job?” (2022), “No Construction Contract is Standard — Terms Matter” (2025), and “2026 Best Practices for Construction Project Insurance” (2026). He also regularly presents at construction law seminars such as the Oregon State Bar Advanced Construction Law and The Seminar Group’s Construction Litigation program.

Experience

Mr. Gibson’s claims work spans delay, differing site conditions, change orders, and defects on public and private projects. On infrastructure work, he recovered on multimillion-dollar differing site conditions and disputed change order claims for a heavy civil contractor on an under-river sewer siphon public works project, defended an international general contractor against complex subcontractor extra-work claims and Miller Act lawsuits on federal infrastructure projects, assisted a heavy highway contractor with claim preparation on state highway projects under state claims procedures, and won a federal bid protest for a general contractor on a $33.5 million federal construction project. He represented a general contractor in a large commercial shopping center dispute involving unpaid change orders, defect claims, and delay claims, resolved multiple defect and delay claims on a Moab, Utah resort hotel through ADR, and obtained a California Court of Appeal affirmance of judgments on dispositive motions against a subcontractor’s claims for additional compensation on behalf of a community college district and its general contractor. In the energy sector, he recovered on multimillion-dollar defect claims for a data center owner, litigated defect and design error claims for the owner of a large Idaho wind project, served as lead outside counsel on a university-led open ocean wave energy testing project, and has drafted and negotiated EPC contracts for solar, wind, wave, hydropower, and natural gas projects nationwide.
Mario R. Nicholas

Mario R. Nicholas

Stoel Rives LL

Mario R. Nicholas is a partner in Stoel Rives LLP’s Construction and Design group in Portland, Oregon, where he litigates construction disputes and drafts construction agreements for a range of clients and projects throughout the country. His claims work includes delay, liquidated damages, change order, productivity, and total cost disputes. He represented a subcontractor on delay/impact and total cost (abandonment) claims in a dispute exceeding $30 million, represented an owner in change order and productivity claims exceeding $10 million, and, as part of a two-attorney team, won an AAA arbitration for a general contractor after a one-week hearing against a subcontractor’s change order, delay, and total cost claims. He has trial and arbitration experience and has represented clients before federal and state courts, domestic and international arbitration panels, and administrative bodies.

Education & Credentials

Mr. Nicholas earned his J.D. from the University of California, Hastings College of the Law (2010), and his B.A. in Economics, with a minor in History, from Boston College (2006). He is admitted to practice in Oregon, California, and Washington.

Recognition & Leadership

Mr. Nicholas was named Best Lawyers “Lawyer of the Year” for Construction Law in Portland for 2027. He is recognized in The Best Lawyers in America for Construction Law (2026–present) and in Chambers USA, “America’s Leading Lawyers for Business,” for Construction in Oregon (2025–present), and was previously listed in Best Lawyers: Ones to Watch for Construction Law (2022–2025) and Oregon Super Lawyers Rising Stars for Construction Litigation (2017–2020).

Professional Involvement

Mr. Nicholas’s recent writing on project delay and related construction issues includes “Don’t Be Late! (But Assume That Your Project May Be)” (Daily Journal of Commerce, 2021), “When to Prepare for Project Disputes? Always.” (Daily Journal of Commerce, 2020), “What to Consider When Analyzing Dispute Resolution Provisions” (Daily Journal of Commerce, 2024), and “Inflation: The Elephant in a Construction Dispute or Contract Negotiation” (Daily Journal of Commerce, 2022). He co-authored “Arbitrating the Complex Surety Case” (ABA Book Publishing, 2018), presented “Expert Witnesses” to the Oregon Claims Adjusters Association (2017) and “Managing the Risk in CMAR Contracts: Guidance for Owners, Contractors and Subs” for Strafford (2019), and has spoken at the Annual Oregon Construction Law Seminar in 2019, 2024, and 2025.

Experience

Mr. Nicholas’s delay and claims matters include representing a subcontractor on delay/impact claims in a dispute exceeding $ 30 million, representing an owner in charge order and productivity claims exceeding $10 million, defending a prime contractor on a commercial facility against a subcontractor’s delay and change order claims, representing the owner of a new apartment project in a dispute with its general contractor over liquidated damages, defective work, delay, and change order claims, and representing a luxury condominium owner in a multimillion-dollar dispute over defective work, liquidated damages, and multiple subcontractor liens. On the transactional side, he has drafted and negotiated construction contracts for owners, architects, developers, and contractors, and an EPC agreement for renewable energy clients.
Andrew Gibson

Andrew Gibson

Stoel Rives LLP

C. Andrew Gibson is a partner in Stoel Rives LLP’s Real Estate, Construction, and Design Practice and co-chair of the firm’s Construction & Design Section, practicing from the Portland, Oregon office. A construction business litigator, he has litigated delay, defect, insurance and bond, bid protest, mechanic’s lien, real estate, and collection claims through mediation, arbitration, and trial. His delay-claim work includes serving as lead outside counsel to the general contractor on defect and delay claims arising from a design-build, 77,000-square-foot high-bay Air Force hangar in Arizona, litigating construction defect and delay claims for the owner of an Oregon city wastewater treatment plant, and negotiating the resolution of contract disputes and delay claims for the EPC contractor on a large Southern California battery energy storage project. He also drafts and negotiates project documents from design through construction and advises clients on contracting and insurance coverage. He is admitted in Oregon, California, and Washington, and before the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals.

Education & Credentials

Mr. Gibson earned his J.D. from Santa Clara University School of Law in 2005, with a High Technology Law Certificate, and holds B.A. degrees in History and in Political Science from the University of California, Berkeley, 2000. He is admitted to practice in Oregon, California, and Washington.

Recognition & Leadership

Mr. Gibson co-chairs Stoel Rives’ Construction & Design Section. He has been recognized in Chambers USA for Construction since 2025 and in The Best Lawyers in America for Construction Law and Litigation – Construction since 2022.

Professional Involvement

Mr. Gibson writes regularly on construction contracting and claims for the Daily Journal of Commerce, Portland Business Journal, and other publications. His recent articles include “Can a Contractor Simply Walk Off a Job?” (2022), “No Construction Contract is Standard — Terms Matter” (2025), and “2026 Best Practices for Construction Project Insurance” (2026). He also regularly presents at construction law seminars such as the Oregon State Bar Advanced Construction Law and The Seminar Group’s Construction Litigation program.

Experience

Mr. Gibson’s claims work spans delay, differing site conditions, change orders, and defects on public and private projects. On infrastructure work, he recovered on multimillion-dollar differing site conditions and disputed change order claims for a heavy civil contractor on an under-river sewer siphon public works project, defended an international general contractor against complex subcontractor extra-work claims and Miller Act lawsuits on federal infrastructure projects, assisted a heavy highway contractor with claim preparation on state highway projects under state claims procedures, and won a federal bid protest for a general contractor on a $33.5 million federal construction project. He represented a general contractor in a large commercial shopping center dispute involving unpaid change orders, defect claims, and delay claims, resolved multiple defect and delay claims on a Moab, Utah resort hotel through ADR, and obtained a California Court of Appeal affirmance of judgments on dispositive motions against a subcontractor’s claims for additional compensation on behalf of a community college district and its general contractor. In the energy sector, he recovered on multimillion-dollar defect claims for a data center owner, litigated defect and design error claims for the owner of a large Idaho wind project, served as lead outside counsel on a university-led open ocean wave energy testing project, and has drafted and negotiated EPC contracts for solar, wind, wave, hydropower, and natural gas projects nationwide.
Mario R. Nicholas

Mario R. Nicholas

Stoel Rives LL

Mario R. Nicholas is a partner in Stoel Rives LLP’s Construction and Design group in Portland, Oregon, where he litigates construction disputes and drafts construction agreements for a range of clients and projects throughout the country. His claims work includes delay, liquidated damages, change order, productivity, and total cost disputes. He represented a subcontractor on delay/impact and total cost (abandonment) claims in a dispute exceeding $30 million, represented an owner in change order and productivity claims exceeding $10 million, and, as part of a two-attorney team, won an AAA arbitration for a general contractor after a one-week hearing against a subcontractor’s change order, delay, and total cost claims. He has trial and arbitration experience and has represented clients before federal and state courts, domestic and international arbitration panels, and administrative bodies.

Education & Credentials

Mr. Nicholas earned his J.D. from the University of California, Hastings College of the Law (2010), and his B.A. in Economics, with a minor in History, from Boston College (2006). He is admitted to practice in Oregon, California, and Washington.

Recognition & Leadership

Mr. Nicholas was named Best Lawyers “Lawyer of the Year” for Construction Law in Portland for 2027. He is recognized in The Best Lawyers in America for Construction Law (2026–present) and in Chambers USA, “America’s Leading Lawyers for Business,” for Construction in Oregon (2025–present), and was previously listed in Best Lawyers: Ones to Watch for Construction Law (2022–2025) and Oregon Super Lawyers Rising Stars for Construction Litigation (2017–2020).

Professional Involvement

Mr. Nicholas’s recent writing on project delay and related construction issues includes “Don’t Be Late! (But Assume That Your Project May Be)” (Daily Journal of Commerce, 2021), “When to Prepare for Project Disputes? Always.” (Daily Journal of Commerce, 2020), “What to Consider When Analyzing Dispute Resolution Provisions” (Daily Journal of Commerce, 2024), and “Inflation: The Elephant in a Construction Dispute or Contract Negotiation” (Daily Journal of Commerce, 2022). He co-authored “Arbitrating the Complex Surety Case” (ABA Book Publishing, 2018), presented “Expert Witnesses” to the Oregon Claims Adjusters Association (2017) and “Managing the Risk in CMAR Contracts: Guidance for Owners, Contractors and Subs” for Strafford (2019), and has spoken at the Annual Oregon Construction Law Seminar in 2019, 2024, and 2025.

Experience

Mr. Nicholas’s delay and claims matters include representing a subcontractor on delay/impact claims in a dispute exceeding $ 30 million, representing an owner in charge order and productivity claims exceeding $10 million, defending a prime contractor on a commercial facility against a subcontractor’s delay and change order claims, representing the owner of a new apartment project in a dispute with its general contractor over liquidated damages, defective work, delay, and change order claims, and representing a luxury condominium owner in a multimillion-dollar dispute over defective work, liquidated damages, and multiple subcontractor liens. On the transactional side, he has drafted and negotiated construction contracts for owners, architects, developers, and contractors, and an EPC agreement for renewable energy clients.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

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Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs