Rotch Library - NA682.D43 V58 2018

Published: November 2012

Contracts can be your first line of defense against delays. But they have to be drafted very carefully. Construction Delay Claims, Fourth Edition gives you an in-depth analysis of all the pertinent clauses and details what they can and can’t do to minimize delays and avoid litigation.

This resource is written for everyone involved with delay and impact construction claims — the most common form of disputes in the construction industry. You’ll find that this resource presents the most thorough, detailed review of delay claims liability available, including a complete description of the entire process for filing and pursuing claims along with more than 1,950 cases and analyses.

It gives you the information you need to determine your best course of action. The book presents detailed knowledge drawn from the authors’ thirty-five years of experience in the industry. You’ll learn how to anticipate delays and mitigate damages through the use of advanced planning and immediate responses by the parties involved. You’ll also receive helpful instructions about the best use of construction schedules to avert delays, or to prove their impact if they do occur.

Coverage includes:

• Effective ways to challenge a claimant’s use of the Total Cost Method of Calculation
• The effectiveness of “no damages for delay” clauses
• The use of ADR methods to resolve delay claims
• The meaning and implication of concurrent delays
• Cumulative impact effect of multiple change orders
• The impact and probability of delays in design-build, construction management, and multiple prime contracting
• Latest research into the effect and measurement of lost productivity
• The most recent assessments of how states are applying the Eichleay formula

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Published: July 2012

Anticipate, evaluate and litigate claims and get up-to-date with the latest methods for determining value of work, with the definitive guide to construction change orders. Commonly encountered claim issues are covered in detail, including surety issues, evaluating changes resulting from ambiguous specifications or inadequate design, measuring the cost impact of delays and proving the price of damages. Construction Change Order Claims delivers innovative defenses and offers practical tips and accounting tools to evaluate progress and calculate payments.

Is a change order on a construction project an “extra”? When does an owner’s unintentional interference cross the line between a mere hindrance to an alteration of the contractor’s intended methods of performance? What specific circumstances support the use of the cardinal change doctrine? When should the Percentage of Completion accounting method be employed? This all-in-one resource helps you quickly answer these difficult questions and steers you through every type of change claim, offering hands-on guidance and analysis from 25 experienced practitioners.

Table of Contents:

• Chapter 1: The Owner’s Right to Make Changes and the Contractor’s Right to be Paid
• Chapter 2: Scope of Typical Clauses
• Chapter 3: Authority to Order Changes
• Chapter 4: Formal Change Orders and Constructive Changes
• Chapter 5: Challenging the Finality of an Executed Change Order
• Chapter 6: Contractor Certifications and False Claims
• Chapter 7: Changes Resulting from Breach of Implied Warranties, Misrepresentation, and Non-Disclosure of Superior Knowledge
• Chapter 8: Changes Resulting from Ambiguous Specifications
• Chapter 9: Changes That Result from Delays and Interferences
• Chapter 10: Changes Resulting from Impossibility or Impracticability of Performance
• Chapter 11: The Cardinal Change
• Chapter 12: Changes Resulting from Termination
• Chapter 13: Notice Requirements for Changes and Related Claims
• Chapter 14: Pre-Litigation Advice for Change Order Claims
• Chapter 15: Preparing and Defending a Claim for Damages: A Practical Guide
• Chapter 16: Surety Issues Pertaining to Changes
• Chapter 17: Accounting for Change Orders: How and When to Recognize Revenue from Change Orders
• Chapter 18: Proving and Pricing Damages
• Table of cases
• Index

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Published: October 2012

Calculating Lost Labor Productivity in Construction Claims demonstrates how to plan for increased labor costs and minimize the risks; identify the causes of the cost overrun; introduce appropriate evidence of lost labor productivity to establish damages; and resolve disputes through prior agreement. Case law support for awards and denials of compensation for each type of claim is analyzed, along with the studies or techniques used to prove damages. You will understand how to quickly and easily compute lost labor productivity caused by a variety of factors.

This book offers easy-to-read sample charts and graphs and applies various empirical and academic studies and models. You also get analysis of productivity losses from the Department of Labor, Construction Industry Institute, NECA and more.

Table of Contents:

• Chapter 1: Labor Productivity Defined
• Chapter 2: Overtime and Shift Work
• Chapter 3: Acceleration
• Chapter 4: The Effect of Change Orders on Productivity
• Chapter 5: Productivity Losses Related to Weather
• Chapter 6: Experience Curves
• Chapter 7: Project Characteristics That Affect Labor
• Chapter 8: Project Management Impacts on Productivity
• Chapter 9: Nonwage Labor Cost
• Chapter 10: Measuring Productivity
• Chapter 11: Predicting Labor Productivity Losses
• Chapter 12: Presentation of Productivity Analysis
• Appendix
• Table of cases

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