Journal and magazine 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.


Acceleration Claims on Engineering and Construction Projects

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.

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.

Commercial Awareness Training for EPC Projects

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.

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.

Contemporaneous Period Schedule Analysis Methodology

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.

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

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.

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.

Lessons Learned from Megaproject Delay Claims

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.

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.

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.

Variation Claims in Construction

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.


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