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.
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.
M.S., Chemical and Petroleum Refining Engineering, Colorado School of Mines, 1974
B.S., Chemical Engineering, University of Pittsburgh, 1970
Registered Professional Engineer, Colorado (No. 25050)
Licensed Professional Engineer, Newfoundland and Labrador (No. 09209)
American Institute of Chemical Engineers
Project Management Institute
AACE International
Society of Construction Law
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
This post explores contract language related to differing site conditions (DSC) and paths by which a contractor might recover from DSC.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
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.
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.
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.
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.
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.
This post discusses excusable, compensable delays, which entitle contractors to both compensatory damages and time extensions.
Richard J. Long , P.E. , P.Eng.
This post discusses excusable, non-compensable delays, which entitle contractors to time extensions but not damages.
Richard J. Long , P.E. , P.Eng.
This blog post discusses excusable delays in construction, including compensable and non-compensable delays.
Richard J. Long , P.E. , P.Eng.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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
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
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
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
The desire to minimize costs and contractual performance time often leads to directed or constructive acceleration.
Richard J. Long , P.E. , P.Eng.
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.
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.
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
U.S. federal and state courts recognize 19 basic construction claim entitlements for a contractor’s recovery of damages.
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