Journal and magazine articles

OUR ARTICLES

Educating the Industry on Construction Claims and Effective Project Management

Our senior personnel and experts write groundbreaking publications on construction claims and project management topics that appear in presentations, seminars, and conferences. We are actively involved in AACE® International and contribute to recommended practices, such as Recommended Practice No. 29R-03 for Forensic Schedule Analysis.

Articles

Acceleration Claims on Engineering and Construction Projects

This article covers these topics: 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.

Analysis of Concurrent Delay on Construction Claims

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.

Applications of Monte Carlo Simulations in Dispute Resolution and Claims Work

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.

As-Built But-For Schedule Delay Analysis

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.

Assessment of Problems Associated with Poor Project Management Performance

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.

Avoiding Project Failure by Defining Requirements

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.

Choosing the Most Appropriate Schedule Analysis Method

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.

Claims Management Challenges in the “Modularized” Project Execution Environment

As modular design enters a new phase, focused on modularizing conceptual design itself, we must recognize and immediately address the unique challenges that modularization has created for claims management and dispute resolution. The purpose of this article is to review some of these challenges and to suggest solutions that may be applicable not only to multibillion-dollar gas liquefaction projects in the northern shores of Ural, but also closer to home, in the burgeoning modular building industry.

Commercial Awareness Training for EPC Projects

The fundamental goals of the Project Execution Team (PET) in the performance and handover of a largescale, multidimensional Engineering, Procurement, and Construction (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.

Construction Claims for Variation in Quantity

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.

Construction Claims Prevention

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.

Construction Contract Notice Letters

Sample construction contract notice letters include: Notice of Constructive Change for Additional Work, Notice of Non-Payment, Notice of Directed Acceleration, Notice of Access Delay, Notice of Late or Defective Owner-Furnished Equipment or Materials, Notice of Differing Site Conditions, Notice of Change Directive, Claim for Extras in Advance of Work Being Performed, Claim for Extras after Work was Performed, Request for Extension of Time and Additional Compensation, Notice for Multiple Problems, Non-Compliance Notice to Another Contractor or Subcontractor, Change Order Proposal Transmittal Letter Without Impact Costs, Change Order Execution Transmittal Letter, Request for Time Extension due to Severe Weather, and Letter Requesting CPM Data if Owner or Construction Manager is Maintaining the Schedule.

Contemporaneous Period Schedule Analysis Methodology

This paper 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 the available project schedules, selecting schedule windows, identifying the critical and near-critical paths, performing a detailed review of the schedules selected for the analysis, determining the changes made between the schedules selected for the schedule windows, making copies of the analysis schedules and implementing necessary corrections, developing variance tables to calculate date and duration variances, researching activity impacts and allocating responsibility for delays, and summing and documenting the results.

Cost Control for the Project Manager

This article discusses the definitions of cost control, including estimating, execution phase, and various types of cost overruns.

COVID-19 Claim Management on Construction Projects

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.

Defective and Deficient Contract Documents – A 2013 Update

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.

Differing Site Conditions

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.

Document Database Considerations

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.

Effective Change Order Management

The following topics are discussed: change order definition and other change order-related considerations, the reasons that a potential change order may be introduced on a project, factors resulting from change orders that influence a project’s performance and costs, the various methods of calculation that may be used to estimate the cost of a potential change order, procedures for initiating a change order, the development of an independent estimate for the owner’s use in comparing and validating the contractor’s change order cost proposal, review of the contractor’s request for an extension to the time for project completion as a result of a change order, successful negotiation and finalization of a change order, and change order recommended practices and procedures.

Glossary of Terminology

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.

Project Team Motivators and Demotivators

This article discusses: (i) typical motivators and demotivators on construction sites; (ii) the Foreman Delay Survey, which is a good way to identify and eliminate obstruction factors and demotivators; (iii) Herzberg’s principles concerning motivators and demotivators; and (iv) the author’s experiences from managing construction projects and life in general.

Reservation of Rights to Make a Cumulative Impact Claim

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.

Schedule Quality Assurance Procedures

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.

Superior Knowledge

This paper discusses the principle of superior knowledge, superior knowledge cases, federal criteria for recovery, California adoption of the federal requirements, and recoverable damages.

The “No Damages for Delay” Clause

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.

The Art of Contract Correspondence

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.

The Impact of Poor Contemporaneous Project Records on Claims Preparation and Expert Analyses

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.

The Importance of Project Handover Documentation

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.

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