Time is Money: Simplifying Construction Damages and "No Damages for Delay"

When disputes occur on construction projects, being able to quantify damages associated with the impacts is a critical component in seeking recovery. The calculation of damages needs to be reasonable and easy to understand for all parties. This presentation discusses the different types of damages, key inputs needed to calculate them, and the preferred methodologies for quantification. Additionally, "No Damage for Delay" contract clauses will be examined for how they can influence recovery of costs and potentially shift and shape the nature and amount of damages that are recoverable.

Wednesday, August 13, 2025
12:00 p.m. – 1:00 p.m. ET

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Presenters

Brett Schouest, Dykema

Brett Schouest is a talented commercial litigator, but he doesn’t view every client matter as litigation, per se. Often, clients are concerned about the prospect of a lawsuit and the uncertainty and disruption it can cause, both in their businesses and personally. Brett provides guidance and direction, helping them resolve issues in and out of court with creative concepts and risk and litigation avoidance measures. With a focus on business and financial services litigation, Brett pursues and defends clients’ rights in disputes over construction disputes and contracts, real estate disputes and contracts, financial transactions, computer technology and hardware-software implementations, commercial contracts, torts, insurance coverage, and owner-officer issues. 

Roger Nelson, Spire Consulting

Roger Nelson, PE PSP is an Associate Principal with more than 20 years of experience in the architecture, engineering, and construction industry advising clients in public and private sectors. He has worked in the field alongside architects, contractors, and engineers through all phases of the construction process. Mr. Nelson specializes in resolving construction-related disputes for complex projects including government facilities, infrastructure and light-rail, electrical and gas transmission, high-rise commercial, and multi-family residential buildings. He provides forensic services by analyzing, developing, and preparing claim evaluations, and supports clients in mediation, arbitration, and litigation. Mr. Nelson currently holds the Chair position for the AACE Construction Dispute Resolution Subcommittee.

Moderator

Daniel Schairbaum, Dykema

Dan Schairbaum is a full-service real estate attorney who advises clients on projects from beginning to end. He has successfully negotiated deals throughout the country and across many industries. Keenly aware that delays quickly translate into lost opportunities, Dan keeps a close eye on the calendar and the clock. Leader of the firm's real estate practice group, Dan counsels clients on acquisitions, dispositions, leasing, zoning, and land use in projects involving multi-family, retail, education, and manufacturing properties. He also negotiates complex design and construction contracts and helps borrowers secure financing from banks and other lenders.