OUR ARTICLES
In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. This article describes a detailed method for estimating productivity losses retrospectively, that is, after the hours have been incurred.
This article covers types of acceleration, key elements of acceleration required by the courts, acceleration claims outside of the U.S., notice requirements, the relevance of the date when the time extension is given, contract provisions associated with acceleration, the effect of a “no damage for delay” clause on acceleration, identifying acceleration using the project schedules, documenting acceleration evidence, and acceleration damages.
This article outlines the impact of COVID-19 on the construction industry and summarizes the legal issues related to this impact.
This article attempts to define, research, and analyze the concept called “pacing” relative to owner-caused delays as well as explain the necessary steps to adequately demonstrate that “pacing” is not a concurrent contractor-caused delay.
Concurrent delay is a vexed and complex technical and legal issue. This article addresses: concurrent delay defined, treatment of concurrent delay in various legal jurisdictions, allocation of delay responsibility when concurrent delay occurs, factors that influence the identification and quantification of concurrent delay, pacing vs. concurrent delay, and practical guidelines.
This paper provides a brief overview of the mechanics of Monte Carlo simulations, outlines its potential uses in the dispute resolution and claims process, and provides examples from real world projects. The intent is to provide contractors, owners, attorneys, and consultants with an additional tool to assess and better calculate the risks and uncertainties in the claims process.
This article discusses the methods and considerations for apportioning indirect costs in a dispute setting when detailed actual indirect costs or indirect labor hour data assigned specifically to the underlying change that is being analyzed does not exist in the contemporaneous project records.
This article discusses topics such as: why the application of the As-Built But-For Schedule Delay Analysis methodology is appropriate, the As-Built Calculation Schedule, quantification of delays, interpreting the results of removing delays from the As-Built Calculation Schedule, and overcoming criticisms of the As-Built But-For Schedule Delay Analysis Method.
The purpose of this paper is to provide an explanation of the methodology and resources that Long International uses to arrive at its opinions on allocation of the responsibility for various problems, and the impact of those opinions on the parties’ entitlement to damages or extensions of the time of performance allowed under a contract.
This article discusses tasks that should be done early in business planning and project formulation to ensure that key stakeholders are completely aligned on the requirements that, if satisfied by a project team, will produce the business value envisioned by the solution selected in the business plan.
This paper discusses procedures to ensure that the as-built driving lag values are determined objectively to avoid inconsistent or subjective assessments in calculating the as-built critical path.
This paper presents an overview of each of the 9 schedule analysis methodologies, the nomenclature used to categorize the different methods, and the strengths and limitations of each method. It then discusses 11 factors a forensic schedule analyst should consider when choosing the most appropriate schedule analysis method.
As modular design enters a new phase, focused on modularizing conceptual design itself, we must address the unique challenges that modularization has created for claims management and dispute resolution. This article reviews some of these challenges and suggests solutions.
Disciplined control of emergent scope is a promising claim mitigation and scheduling technique, but if applied outside the inflexible project control framework developed by shutdown managers, it could, instead, add to the woes of the U.S. nuclear industry. This article addresses whether outage scope management principles should be applied.
Goals of a project execution team in the performance and handover of a large-scale, multidimensional EPC project include delivering the project to the owner on schedule and within budget, achieving all performance guarantees and technical requirements, and maintaining a profitable gross margin. This article discusses topics such as contract handover meetings and the building blocks and objectives of commercial awareness training.
The purpose of this article is to address some of the challenges faced and steps to consider when identifying and analyzing the critical and near-critical paths.
Successful commissioning and start-up phases are typically indicative of the future success of ongoing operations. Therefore, they require appropriate focus and resource allocation to ensure overall project success. This article offers a high-level overview of typical commissioning and start-up activities and their associated key considerations.
This article sets forth the basic information and tasks in performing a claims analysis whether one is preparing a claim or defending against one.
A component of a construction claim often relates to the cost, quantity, and quality of the materials that the contractor installed on a project. This article discusses variation in quantity clauses, legal underpinnings, the different site conditions clause as a remedy, the changes clause as a remedy, and notice requirements.
This article identifies solutions and suggests programs that one can use to prevent, mitigate, and manage claims. Topics include the following: quality contract documents, management of outside design professionals, constructability and biddability reviews, site investigation, review and approval of detailed as-planned schedules, claims mitigation during construction, project reviews, contractor's risk analysis, and owner guidelines.
This article includes key factors required by standard contract form notice provisions, plus 16 sample construction contract notice letters.
Construction claims related to cost and/or productivity impacts often fail due to insufficient contemporaneous project documentation to substantiate the alleged impacts. This article examines two actual claim scenarios that exemplify what to do and what not to do when managing a project that is experiencing delays and disruption to the work.
This article discusses contract changes clauses, types of constructive change, problems for establishing entitlement and contractor’s remedies.
This article sets forth the steps for performing a contemporaneous period analysis, including becoming familiar with the project and relevant documents, performing a high-level review of available project schedules, selecting schedule windows, identifying the critical and near-critical paths, performing a detailed review of the schedules selected for the analysis, and more.
This paper presents a brief overview of contract provisions and case law affecting the preparation and updating of schedules, and the preparation of and defense against change orders and delay and disruption claims.
This article considers the circumstances under which the EPC contractor can circumvent that contractual obligation and receive compensation for cost overruns and schedule delays due to errors, deficiencies, or other shortcomings of the owner’s Invitation to Bid.
This article discusses the definitions of cost control, including estimating, execution phase, and various types of cost overruns.
To properly manage, present or defend against claims for pandemic-caused impacts or to segregate pandemic impacts from other claims will require the capture of new data during project execution. This article discusses methods and techniques to manage claims caused by the COVID-19 pandemic.
This article discusses some of the useful features, tools, and benefits of using the Asta Powerproject software to schedule construction projects.
The following topics are discussed herein: the Spearin Doctrine and other legal underpinnings of the contractor’s entitlement to recover its increased costs as a result of defective and deficient contract documents; the owner’s failure to disclose vital information to the contractor; contractual time limits may not be an adequate defense against extra work claims due to drawing revisions; the owner’s defenses against Spearin; and options for mitigation.
A common cause of disputes between owners and contractors is failure by the claimant, typically the contractor, to adequately demonstrate entitlement to additional costs and project time resulting from scope changes and other causes. This article discusses the elements of a contract change that should be established to successfully demonstrate entitlement to a change order or claim.
This article describes three tools and methods for identifying and mitigating risks during the design phases of chemical processing plant projects. Some of these methods can also be applied to reduce risks associated with broader aspects of engineering and construction projects, such as project management risks and scheduling risks.
This paper provides guidelines to commercial construction cost engineers for the development of a plan for obtaining and utilizing subcontractor cost information for use in bidding, procurement, scheduling, change order management, and claim management.
This paper covers contractual representations; Type I, Type II, and Type III differing site conditions; the contract absent a differing site conditions clause; and owner defenses.
This article discusses the seven steps involved in a discrete damages/cost variance analysis method. In addition, it addresses the development of cost analysis databases, control budget calculations, actual cost calculations, a cost variance calculation, and allocation of cost variances.
This paper addresses the question "Why use computerized database support?" including the benefits to using automated database support and database terminology. Additionally, the article presents database assumptions and considerations. Recommended procedures are also given for preparing the database and practical knowledge as to how to establish an effective database.
This article discusses factors resulting from Change Orders that influence project performance and costs, calculation methods for estimating the cost of a potential Change Order, procedures for initiating a Change Order, Successful negotiation and finalization of a Change Order, and more.
This document addresses certain risks and provides potential mitigations for both owners and contractors to consider when undertaking projects in developing countries.
This article discusses the uniqueness of design changes on process plant projects and how such changes can have a significant ripple effect on a project’s engineering, procurement, construction, and start-up work activities.
This article discusses practical advice on how to rectify common problems with project schedules by performing a forensic schedule quality assurance review before starting any detailed schedule analysis.
Scheduling, estimating, project/construction management, contract administration, and construction claims terminology for engineering and construction projects—a quick reference guide to the most commonly used terms with short definitions.
This article examines the various complexities in analyzing the schedule impact of multiple changes, with most examples drawn from a sample gas plant project. However, the topics that are discussed relate to a schedule delay analysis on any large, complex project.
This article illustrates how an integrated cost and schedule risk analysis can improve the realism of cost and schedule forecasts and prioritize the most severe risks for further mitigation.
This article discusses the Construction Industry Institute (CII) Advanced Work Packaging (AWP) process.
This article lays out a risk analysis maturity model that allows organizations to determine: (1) where they are today on the scale from “not aware” to “advanced integrated cost-schedule risk analysis” and (2) where they want to be, what is their optimal level of risk analysis maturity.
The purpose of this article is to help put into perspective the key considerations that should be given to the scheduling program on projects to achieve the optimal balance between scheduling effort and scheduling quality.
This article is based on the author’s experiences in the energy sector and examines some guidelines for effective project management control from the owner’s perspective.
This article offers a brief discussion of the history and legal consequences of strikes in the construction industry.
This article discusses the support required for schedule delay claims, incorporating lessons learned from four megaproject delay claims. Specifically, the article addresses using appropriate schedule delay methodology, properly incorporating baseline schedule information, resolving obvious budgeted labor hour discrepancies, and reconciling planned quantity conflicts.
Long International explains its detailed schedule analysis methodology using a construction delay claim on a hypothetical wastewater treatment plant project.
This article presents system dynamics modeling as a way to analyze the effects of scope changes on construction projects.
This article discusses the primary aspects of project documentation including how to document, what to document, and a records management checklist.
The use of mandatory start and finish constraints is discouraged in the construction scheduling industry. The purpose of this article is to promote awareness and discussion regarding problems created when using mandatory constraints as well as to recommend more reasonable constraint type alternatives.
The following topics are discussed in this article: early definition of project requirements, project stakeholder requirements, the project charter, elicitation of project requirements, and project requirement types.
This article is a slightly modified chapter from the book Cumulative Impact and Other Disruption Claims in Construction, published in 2014.
This article covers topics such as release in language in change order forms, cautions signing change order forms with release language, case law denying impact claims if a contractor signs change orders containing release language, case law upholding impact claims even if a contractor signs change orders containing release language and recommendations.
This article discusses certain scheduling aspects, schedule metrics that are used to measure mechanical soundness, and a methodology for schedule quality assurance.
This paper summarizes the development and review steps of project plans and schedules during the front-end planning phases, including the critical phase of Front-End Engineering Design (FEED).
This article discusses procedures to rectify common problems with project schedules, including: ensuring that a schedule accurately reflects the complete contractual scope of work, evaluating schedule metrics to assess schedule integrity, reviewing schedule logic for reasonableness, evaluating the reasonableness and completeness of the critical path, and comparing a schedule to the baseline or previous updates to identify significant changes.
This paper discusses the principle of superior knowledge, superior knowledge cases, federal criteria for recovery, California adoption of the federal requirements, and recoverable damages.
This article discusses no damages for delay clauses, including their enforceability, exceptions in their enforcement, and their use in international construction contracts. It includes no damages for delay clause examples and a state-by-state survey. It also discusses acceleration and characterizing delay damages.
Correspondence is crucial to any construction project. This article focuses on the art and craft of effective contract correspondence, which decreases the risk of misunderstandings that can result in disputes. The article offers simple guidelines to help both experienced and novice contract administrators deepen their expertise in contract correspondence.
This paper addresses the usage of the Collapsed As-Built Windows protocol and the advantages and disadvantages of the methodology.
This paper presents a detailed discussion regarding definitions and examples of unjust enrichment, express contracts, quasi-contracts or contracts in implied law, and obstacles to unjust enrichment.
This article discusses a variety of methodologies related to labor productivity analysis at a summary level. As the title suggests, the primary emphasis is directed toward the impact to the retrospective analyses when the extent and quality of available documentation is less than that reasonably required to perform supportable analyses. This article also includes a discussion of possible ways that an owner can be more proactive in assuring that reasonable project documentation is submitted by the contractor.
This article provides a general discussion about notice provisions with the intent of promoting an understanding of some of the key issues and factors involved that the contracting parties often miss or misunderstand, and facilitating improved management and early resolution of claims and change requests in construction contracts.
This discussion of Project Documentation Requirements (PDR) sets forth a controlled and auditable process to identify all of the manuals, procedures, documents, drawings, databases, and indexes required for installation, hook-up, commissioning, and handover of final project documentation to the owner for safe and sustainable operability and maintainability of a typical process plant.
The purpose of this article is to provide awareness of the owner’s duties along with case examples regarding the duty to cooperate and coordinate on multi-prime construction projects.
This article discusses general topics that should be included in a schedule basis memorandum, including the consideration of typical causes of delays that often occur on large and complex EPC projects.
This articles addresses 13 problems that often occur and that can lead to significant delays, cost overruns, and claims on process plants and offshore oil and gas projects.
The purpose of this article is to promote awareness and dialogue regarding the importance and necessity of verifying the accuracy of as-built schedule dates prior to performing a schedule delay analysis. Although time consuming to perform, the validation of the actual start and finish dates is an essential first step of a credible schedule delay analysis.
This article offers a detailed discussion concerning the characteristics of a highly impacted project, effects on project costs, situations causing costly claims, owner and contractor practices that cause claims, and the view of the court of contract interpretation.
This article offers insight into the Request for Proposal/bid stage, project execution, post project completion and the settlement process.
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