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Product ID: 384402EAU
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Construction Delays Caused by Permitting

OnDemand Webinar (86 minutes)

Construction delays caused by delays in obtaining permits can result in significant costs to all parties involved in a project. It is essential for you to know how to avoid permitting delays and how to address them when they arise. This OnDemand Webinar will address how to use contract language to minimize and allocate the risks associated with permitting delays. In addition, it will address certain best practices, such as carefully considering the permitting process during the development of the design and construction schedule. You will also learn how to handle claims that arise from permitting delays.

Learning Objectives

  • You will be able to plan for permitting and permitting delays in your contract documents.
  • You will be able to interpret force majeure provisions.
  • You will be able to discover scheduling concerns.
  • You will be able to paraphrase what to do when things go wrong.


Brian A. Morgan, Brian J. O’Rourke Jr., Joseph “Jed” Ruccio, McCarter & English, LLP


  1. Overview
  2. Planning for Permitting and Permitting Delays in Your Contract Documents
    1. Who Is Responsible for Permitting on Your Project?
    2. Necessary Contractual Provisions
      1. Identifying the Scope and Duties of Each Party
      2. Determining the Scope of Each Party
      3. Requiring Cooperation
      4. Determining Who Takes the Risk for Permitting Delays
    3. No Damage Delay Provisions
      1. Should These Be Included?
      2. If Included, What Risk Are You Taking?
    4. Payment for Costs Caused by Permitting Delays
      1. How Is the Contract Structured?
      2. Who Is Responsible for the Permit Delay?
      3. Who Pays?
      4. What Is Reimbursable and When Is It Reimbursable?
    5. Force Majuere Provisions
      1. Is a Permitting Delay Grounds for Force Majuere?
      2. How Are Delays Caused by Government Entities Dealt With?
    6. Liquidated Damages Provisions
    7. Termination Provisions
  3. Permitting: Practical Applications
    1. Permitting Delays: Are They Avoidable?
    2. Scheduling Concerns
      1. When Should the Process Begin?
      2. Anticipating Potential Delays in the Project Schedule
    3. Communication With Regulators
    4. Obtaining Final Approvals
    5. Following Permit Conditions During Construction
    6. Design, Bid, Build Phases
    7. Case Studies
  4. What to Do When Things Go Wrong
    1. Schedule Recovery
    2. Contractor Claims Against the Owner for Delayed Permits
      1. Is the Contractor at Fault?
      2. Has the Project Been Delayed or Disrupted?
      3. Is the Delay or Disruption Compensable?
    3. Owner Defenses to Contractor Claims
      1. Notice Provisions
      2. Concurrent Delay
      3. Failure to Meet Burden of Proof
    4. Blame Someone Else
      1. Holding the Architect Responsible
      2. Blame the Permitting Agency: When Does Delay by the Permitting Agency Amount to an Approval?
  5. Questions and Answers