Sign Up For Our Weekly Emails
Get the latest updates on special offers, courses, events, webinars and books from Federal Publications Seminars.
Thank You
You'll soon be receiving updates about special offers, events, & more.
Get 10% Off Your Next Purchase
Sign Up For Our Emails
Thank You
You'll soon be receiving updates about special offers, events, & more.
Cart
Overview

A customized program for construction owners (public and private) contractors and legal counsel.

Just as a chain is only as strong as its weakest link, a construction business will only be as successful as its ability to handle its problems. And few industries are as vulnerable as the construction business to the problems posed by time.

The complexity of projects, complicated schedules, and hair-splitting coordination all contribute to the necessity for this attention to time. And when deviations in construction schedules occur as they invariably do for a variety of reasons, ominous shadows can emerge from behind the clock: delay, acceleration and cumulative impact claims.

How claims are handled will dictate their ultimate impact on the fortunes of owners, lenders, contractors, subcontractors and sureties. Effectively dealing with them, however, is a difficult task, requiring a concise understanding of the law, of each party's contractual rights, of the construction process and of claims presentation and defense techniques. Providing just such information is the purpose of this special course: Construction Delay, Acceleration and Inefficiency Claims.

As in any claim, it is not simply a matter of developing a list of changes and work disruptions. The contractor must show how the changes caused the greater impact and disruption. Problems of proof and quantification are formidable ones.

This course is designed to educate and guide those involved in schedule, performance, and efficiency-related claims. It is a concise analysis of the entire process. The course has been distilled into two highly concentrated days of work. The balance of the brochure spells it out; an exceptional faculty, special case situations, the detailed course curriculum and the course reference manual.

Dates/Locations
No upcoming dates/locations at this time
Agenda
9:00 AM - 4:00 PM

Construction Delay, Acceleration, and Inefficiency Claims Course Curriculum

  1. INTRODUCTION TO SCOPE/OBJECTIVES OF COURSE
  2. DELAY
    1. Introduction
    2. Current Scheduling Methods
      1. Bar Charts
      2. Critical Path Methods:
        I-J Methods
        Precedence Diagramming Method
      3. Progress Curves
      4. Production Curves
    3. The Construction Contract, Risk Management, Risk Allocation & the Legal Aspect of Scheduling
      1. Owner Considerations
      2. General Contractor Considerations
      3. Subcontractor Considerations
      4. Designer/Design Builder Considerations
      5. Contractual Risk Shifting Provisions
        1. No-Damages-for-Delay
        2. Liquidated Damages
        3. Allocation of Float
        4. Suspension of Work Clause
        5. Differing Site Conditions
        6. Coordination of Work Provisions
      6. Implied Risk Shifting Provisions
        1. Duty Not to Hinder, Delay or Interfere with Contractor's Performance
        2. Duty to Cooperate
        3. Duty to Good Faith & Fair Dealing
        4. Duty to Provide Site Access
        5. Duty to Review Submittals
    4. Types of Construction Delays
      1. Excusable v. Nonexcusable Delays
        1. Acts of God
        2. Terrorism
        3. Government Acts
        4. Weather
        5. Labor Strikes
        6. Labor Supply
        7. Financial Difficulties
        8. Subcontractor/Supplier Days
      2. Compensable v. Noncompensable Delays
      3. Critical v. Non-critical Path Delays
      4. Concurrent Delays and Non-concurrent Delays
      5. Pacing Delays
    5. Types of Delay Damages
      1. Extended Field Office Overhead
        1. Labor Costs
        2. Equipment Costs
        3. Material Costs
        4. Bonding Costs
        5. Subcontractor Costs
        6. Summary Example
      2. Extended Home Office Overhead
        1. Theory of "Unabsorbed Overhead" ( i.e. extended Home Office Overhead)
          Damages
        2. Effects of Delays on Home Office Overhead Costs
    6. Standards of Proof for Delay Claims
      1. Proper Baseline as a Starting Point for Analysis of Project Delays
      2. Properly Maintained Schedule Updates
      3. Accurate As-Built Schedule Information
      4. Pure Delay v. Delay Resulting from Disruption/Loss of Productivity
      5. Cause & Effect Relationship to Events/Actions/Decisions
      6. Impact to the Critical Path/Changes in the Critical Path
      7. Concurrent and Non-concurrent Delays
    7. Methodology of Analyzing Delays
      1. Application of CPM Scheduling Techniques to Delay Claims
        1. Total Time
        2. Impacted As-Planned
        3. But-for/Collapsed As-Built
        4. Cumulative/Time Impact
        5. Window Analysis
        6. As-Planned v. As-Built
      2. Application of non-CPM Scheduling Techniques to Delay Claims
        1. Rate of Progress
        2. Production Rate Analysis
    8. Calculating Contractor's Damages for Delay
      1. Extended General Conditions
        1. Forward Pricing
        2. Calculation Based on Actual Records
        3. Total Cost Method
        4. Jury Verdict
      2. Extended Home Office Overhead
        1. Is the Eichleay Formula still a Viable Option? Other Options
        2. Calculations Based on Actual Records
    9. Calculating Owner's Damages for Delay
      1. Scope of Recoverable damages
      2. Liquidated v. Actual Damages
      3. Actual Damages for Delay
        1. Lost Profits
        2. Loss of Use
        3. Increased Financing
        4. Extended Maintenance & Operations Expenses
        5. Special Damages
        6. Attorney's Fees
        7. Interest
  3. ACCELERATION
    1. Basics of Acceleration
      1. The Theory behind Acceleration Claims
        1. Acceleration vs. Expedited Performance
        2. Relationship between Acceleration and Delay
      2. Contract Considerations
        1. Changes Clause
        2. Time & Performance of the Work Clauses
    2. Voluntary and Directed Acceleration
    3. Constructive Acceleration
      1. Contractor's Excusable Delay
      2. Notice to Owner of Delay
      3. Owner Denial of Time Extension
      4. Owner Acceleration Order Requests
      5. Reservation of Rights
    4. Proving Acceleration Claims
      1. Explicit or Implicit Orders to Accelerate
      2. Excusable Delays vs. Non-excusable Delays
      3. Notice Requirements
      4. Demonstration of Acceleration using Schedules
      5. Acceleration Costs Records
    5. Proving Damages
      1. Types of Damages
      2. Coordination with Other Damages Calculations (e.g. Delay, Inefficiency)
      3. Methods of Calculating
  4. INEFFICIENCY
    1. Introduction
    2. Defining and Measuring Inefficiency; Lost Productivity; Disruption
      1. Defining Productivity; Lost Productivity; Other Relevant Terms
      2. Measuring Planned vs. Actual Productivity
      3. Direct Impact Claims
      4. Indirect or Cumulative Impact Claims
    3. Distinguishing between Claims for Delay, Acceleration & Disruption
    4. Identifying Causes of Inefficiency
      1. Adverse Weather
      2. Out-of-Sequence Work
      3. Crowding and Stacking of Trades
      4. Overtime
      5. Restricted Site Access
      6. Inefficiency Caused by Manpower Shortages or Additional Shifts
      7. Change Order
    5. The Legal Bases for Recovery
      1. Recovery under the Contract
        1. Changes Clause
        2. Suspension of Work Clause
        3. Differing Site Conditions Clause
        4. Coordination Clauses
        5. Compliance with Notice Provisions
      2. Recovery under Common Law Contract and Equitable Principles
        1. Breach of Implied Duty to Cooperate
        2. Cardinal Change - Federal Government Contracts Law
        3. Abandonment - State Law
        4. Constructive Change
      3. Proving and Pricing Inefficiency and Impact Claims
        1. Liability
        2. Proving Damages with Expert Testimony
          (1) Discrete Pricing
          (2) Total Cost Method
          (3) Modified Total Cost
          (4) Measured Mile Approch
          (5) Jury Verdict Method
          (6) Industry Studies
          (a) Use of MCAA Factors
          (b) The Modification Evaluation Impact Guide
          (c) The Leonard Study
          (d) Construction Industry Institute Study
        3. Demonstrating Causation (i.e. Cause and Effect)
        4. Waiver & Reservation of Rights to Claim Cumulative Impact Costs
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 11.0 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)
Travel
No travel information is available at this time
Level
  • 100
    Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
  • 200
    Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
  • 300
    Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
  • 400
    Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
  • 500
    Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.