5/28/2013· Construction
Assessing Damages Arising From Construction Defects
Defects that were introduced during construction can lead to classic legal disputes between owners and contractors where considerable sums of money are involved.
By: Long International, Inc. - Andrew Avalon, P.E., PSP and Ronald J. Rider, MBA
Tel: (303) 972-2443
Email:Mr. Avalon
The Collapsed As-Built Windows Schedule Analysis (AACE® International Recommended Practice 29R-03, Method Implementation Protocol 3.9) is a modeled, subtractive, multiple-base method. It is a retrospective CPM schedule analysis which is typically used to prove entitlement for compensable delay and assess concurrency of delay within a window of time. The analysis simulates the as-built conditions within a schedule window and then delays are removed from the CPM model. If the forecasted project finish date "collapses" but-for or absent compensable delays, then entitlement for compensable time-related costs can be demonstrated. This article addresses the usage of the Collapsed As-Built Windows protocol and the advantages and disadvantages of the methodology.
It is common that an unanticipated event or issue may cause delay and extend the overall completion of a project. It is also common that project stakeholders may dispute the responsibility for a project issue that caused delay and extended the overall completion of a project. A project issue can become contested, cause multiple delays, affect several areas of a project, occur at different points in time, and become intertwined with non-contested issues. To achieve an equitable resolution of a contested project issue that caused delay, it is imperative for an analyst to answer the following basic questions:
On large and complex projects, the process of evaluating delay issues is further complicated when the schedule file is comprised of numerous process areas/units, thousands of activities with activity groups spanning many months or years, and multiple critical and near-critical paths. One retrospective forensic schedule analysis that can be used to evaluate concurrency and quantify compensable delay is the Collapsed As-Built schedule analysis method applied on a windows basis (AACE® International Recommended Practice 29R-03, MIP 3.9).
Long International provides expert claims analysis, dispute resolution, and project management services to the Process Plant Engineering and Construction industry worldwide. Our primary focus is on petroleum refining, petrochemical, chemical, oil and gas production, mining/mineral processing, power, cogeneration, and other process plant and industrial projects. We also have extensive experience in hospital, commercial and industrial building, pipeline, wastewater, highway and transit, heavy civil, microchip manufacturing, and airport projects.
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5/28/2013· Construction
Assessing Damages Arising From Construction Defects
Defects that were introduced during construction can lead to classic legal disputes between owners and contractors where considerable sums of money are involved.
8/23/2018· Construction
Court Confirms Knowledge of Unlicensed Status Does Not Bar Claim for Recovery
By: Darryl Horowitt
In a previous edition of Construction Alert we reported to you on White v. Cridlebaugh (2009) 178 Cal.App.4th 506, in which the court confirmed that an unlicensed contractor could be sued for recovery of funds, even though the owner had received a benefit from the work performed by the unlicensed contractor. In that case, the owner was unaware that the contractor was unlicensed until after the work was performed.
5/17/2021· Construction
Analysis Of Concurrent Delay On Construction Claims
Concurrent delay is a vexed and complex technical and legal issue. Construction contracts often do not expressly provide direction as to the parties’ agreement when there is concurrent delay. Most simply require the contractor to provide notice and specifics when an owner-responsible delay event occurs.