Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Differing Site Conditions: Contracts
This post explores contract language related to differing site conditions (DSC) and paths by which a contractor might recover from DSC.
Biography
Richard J. Long, P.E., P.Eng., is Founder of Long International, a Colorado-based construction claims and project management consulting firm that focuses its practice on owners, engineering and construction firms, and contractors performing petroleum refining, petrochemical, oil and gas, LNG, power/cogeneration, mineral processing, industrial, building, and infrastructure projects worldwide.
Mr. Long has over 50 years of U.S. and international consulting experience involving construction contract disputes analysis and resolution, arbitration/litigation support and expert testimony, project management, engineering/construction management, cost and schedule control, and process engineering. As an internationally recognized expert in the analysis and resolution of complex construction disputes for over 35 years, Mr. Long has served as the lead expert on over 300 projects having claims ranging in size from US$100,000 to over US$2 billion. He has testified in mediation, deposition, and court as well as U.S. and international arbitration. His expert consulting experience includes refineries, petrochemical and chemical plants, LNG projects, offshore oil and gas facilities, power plants, oil sands and oil shale facilities, metallurgical projects, and commercial and industrial buildings. He has presented and published numerous articles on claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention.
Before forming Long International, Mr. Long was Senior Vice President, Contract Administration for a major electrical and mechanical contractor. In this role, he had corporate-wide responsibility for technical management and oversight of the preparation and resolution of construction claims. In addition, he was responsible for the development, training, and implementation of project management policies and procedures to ensure that profit, cost, schedule, scope, quality, and safety objectives were achieved.
For 13 years, Mr. Long managed the construction claims practices of two large consulting firms. Prior to his consulting career, Mr. Long gained 13 years of project management and process engineering experience on petroleum refining, oil shale, synfuels, mining, and power generation projects with Tosco, Fluor, and Conoco.
EDUCATION
M.S., Chemical and Petroleum Refining Engineering, Colorado School of Mines, 1974
B.S., Chemical Engineering, University of Pittsburgh, 1970
PROFESSIONAL REGISTRATIONS
Registered Professional Engineer, Colorado (No. 25050)
Licensed Professional Engineer, Newfoundland and Labrador (No. 09209)
PROFESSIONAL AFFILIATIONS
American Institute of Chemical Engineers
Project Management Institute
AACE International
Society of Construction Law
Articles and Publications
Acceleration Claims on Engineering and Construction Projects
ReadAnalysis of Concurrent Delay on Construction Claims
ReadAnalysis of Concurrent and Pacing Delays
ReadApplications of Monte Carlo Simulations in Dispute Resolution and Claims Work
ReadAs-Built But-For Schedule Delay Analysis
ReadConstruction Claims Analysis Checklist
ReadConstruction Claims for Variation in Quantity
ReadConstruction Claims Prevention
ReadConstruction Contract Notice Letters
ReadConstructive Changes
ReadContract Scheduling Provisions
ReadCumulative Impact and Other Disruption Claims in Construction
ReadDefective and Deficient Contract Documents – A 2013 Update
ReadDiffering Site Conditions
ReadDiscrete Damages and Cost Variance Analysis Method for Quantifying Damages in Construction Claims
ReadDocument Database Considerations
ReadEPC Contract Risk Analysis Associated with Onshore Projects in Developing Countries
ReadEvaluation of Changes in Process Plant Projects
ReadGlossary of Terminology
ReadImplementing Time Impact Analyses and Update Impact Analyses on Large, Complex EPC Projects
ReadLong International’s Schedule and Delay Analysis Methodologies
ReadPreserving Your Claim through Documentation
ReadProving the Cause-Effect Linkage
ReadReservation of Rights to Make a Cumulative Impact Claim
ReadThe Doctrine of Unjust Enrichment
ReadThe “No Damages for Delay” Clause
ReadTypical Problems Leading to Delays, Cost Overruns, and Claims on Process Plant and Offshore Oil and Gas Projects
ReadWhy Claims Occur – The Red Flags
ReadBlog Posts
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Differing Site Conditions: Types and Claims
This is the first of two blog posts about differing site conditions (DSC). It explains Types I, II, and III DSC and DSC claims.
Richard J. Long , P.E. , P.Eng.
Impossibility of Performance: Economic Hardship, Risk Assumption, and Remedy
This is the second of two blog posts on impossibility of performance. This post discusses economic hardship, risk assumption, and remedy.
Richard J. Long , P.E. , P.Eng.
Impossibility of Performance: Physical and Economic Impossibility
This is the first of two blog posts on impossibility of performance. This post discusses physical and economic impossibility.
Richard J. Long , P.E. , P.Eng.
Non-excusable, Non-compensable Delays: Part 2
This is the second of two blog posts about non-excusable, non-compensable delays, for which the contractor is responsible.
Richard J. Long , P.E. , P.Eng.
Non-excusable, Non-compensable Delays: Part 1
This is the first of two blog posts about non-excusable, non-compensable delays, for which the contractor is responsible.
Richard J. Long , P.E. , P.Eng.
Excusable, Compensable Delays
This post discusses excusable, compensable delays, which entitle contractors to both compensatory damages and time extensions.
Richard J. Long , P.E. , P.Eng.
Excusable, Non-compensable Delays
This post discusses excusable, non-compensable delays, which entitle contractors to time extensions but not damages.
Richard J. Long , P.E. , P.Eng.
An Overview of Excusable Delays
This blog post discusses excusable delays in construction, including compensable and non-compensable delays.
Richard J. Long , P.E. , P.Eng.
Types of Delay
Delays in construction contracts are usually categorized as one of three types. This post defines each type, with examples.
Richard J. Long , P.E. , P.Eng.
Overview of Delays
One of the primary objectives shared by owners and contractors alike is the completion of projects on schedule and within budget.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: Options for Mitigation
This is the final post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: Time Limits on Extra Work Claims
This is the sixth post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: Failure to Disclose Vital Information
This is the fifth post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: Owner’s Defenses against Spearin
This is the fourth post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: Contractor’s Entitlement to Recover Costs
This is the third post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: The Spearin Doctrine
This is the second post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: An Introduction
This is the first post in a seven-part series that discusses defective and deficient contract document claims.
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.
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.
The No Damages for Delay Clause
Owners include “no damages for delay” clauses in construction contracts to avoid responsibility for contractors’ increased time-related costs.
Richard J. Long , P.E. , P.Eng.
Contract Language: Defining Standard of Care and Good Industry Practice
Language in EPC and EPCM contracts defines standards of care and excellence, good industry practice, and required skills and capacity to perform.
Richard J. Long , P.E. , P.Eng.
Definitions of Construction Claim Types for Contractors
This post summarizes the definitions of the 19 construction claim types that may apply to a contractor’s and subcontractor’s recovery of time and costs.
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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