Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Constructive Changes
This post explores constructive changes, which are a common cause of construction claims, and problems establishing entitlement.
Biography
Mr. Avalon is Chairman and Chief Executive Officer of Long International and has over 35 years of engineering, construction management, and claims consulting experience. He is an expert in the preparation and evaluation of construction claims, insurance claims, schedule delay analysis, arbitration/litigation support, and dispute resolution.
He has prepared more than 30 CPM schedule analyses, written expert witness reports, and testified in deposition, mediation, and arbitration. He has analyzed construction schedules for owners and contractors to determine the causes of construction delays and to equitably allocate responsibility for delay-related costs. He has developed “cause and effect” analyses and presentations for time extensions and delay damages. In addition, Mr. Avalon has published numerous articles on the subjects of CPM schedule delay analysis and entitlement issues affecting construction claims. He is a contributor to AACE® International’s Recommended Practice No. 29R-03 for Forensic Schedule Analysis. Mr. Avalon is a registered Professional Engineer with U.S. and international experience in petrochemical, oil refining, oil sands, gasto-liquids, LNG, commercial, educational, medical, correctional facility, transportation, dam, wharf, wastewater treatment, hydroelectric, coal, and nuclear power projects.
Mr. Avalon specializes in preparing detailed schedule analyses and apportioning responsibility for delays, disruption, and acceleration impacts. He is skilled at contract analysis, claims preparation, claims defense, and the negotiation of settlements. Mr. Avalon has served as a Project Manager on numerous claims ranging in size from US$100,000 to over US$1 billion. Before joining Long International, Mr. Avalon held construction management positions including Senior Scheduler, Contract Administrator, Project Manager, and Senior Consultant. In these roles, he had responsibility for preparation of project schedules, analysis of change orders, and resolution of construction claims.
EDUCATION
B.S., Mechanical Engineering, Stanford University, 1984
B.A., English, Stanford University, 1984
PROFESSIONAL REGISTRATIONS
Registered Professional Engineer, Florida (No. 55137)
Registered Professional Engineer, Colorado (No. 25802)
Planning & Scheduling Professional (PSP‑00193)
PROFESSIONAL AFFILIATIONS
Florida Engineering Society
National Society of Professional Engineers
Project Management Institute, Scheduling Community of Practice
Association for the Advancement of Cost Engineering International
Articles and Publications
Calculating the As‑Built Critical Path
ReadChoosing the Most Appropriate Schedule Analysis Method
ReadDocument Database Considerations
ReadIntegrated Cost and Schedule Risk Analysis
ReadKey Elements for Successful Schedule Management
ReadLong International’s Schedule and Delay Analysis Methodologies
ReadSchedule Quality Assurance Procedures
ReadSuperior Knowledge
ReadThe Collapsed As‑Built Windows Schedule Analysis Method
ReadThe Doctrine of Unjust Enrichment
ReadThe Impact of Poor Contemporaneous Project Records on Claims Preparation and Expert Analyses
ReadSchedule Optimization During Front-End Planning
ReadBlog Posts
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Concurrent Delay Liability and Damages
This is the second of two blog posts examining concurrent delay, a vexed and complex technical and legal issue.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Concurrent Delay Defined
This is the first of two blog posts examining concurrent delay, a vexed and complex technical and legal issue.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Cardinal Change
The determination of what constitutes a cardinal change depends upon a court or arbitration panel decision and the unique contract language at issue.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Acts of God/Weather
Delays resulting from acts of God are normally excusable but noncompensable events in the absence of a contract clause stating otherwise.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Directed and Constructive Acceleration
The desire to minimize costs and contractual performance time often leads to directed or constructive acceleration.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Construction Claim Types for Contractors
U.S. federal and state courts recognize 19 basic construction claim entitlements for a contractor’s recovery of damages.
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