Publications

3 Things Project Teams Should Plan for During Uncertain Times

3 Things Project Teams Should Plan for During Uncertain Times

July 2020

by Joseph R. Hellenbrand, P.E., PSP

The rules and restrictions from federal, state, and local government agencies are in a state of flux in the post-COVID-19 landscape. Project teams must be aware of these changes to avoid impacts on their projects. Today, a client informed me of three new challenges I was not aware of, state travel bans, document quarantines, and local enforcement of COVID-19 safety measures.

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Construction Schedule Delays – 2019 Edition

Construction Schedule Delays – 2019 Edition

2019 (1,000+ pages)

by W. Stephen Dale and Robert M. D’Onofrio

A comprehensive treatise on schedule delay analysis, the 2019 edition includes new cases since the 2018 update covering schedule delay and disruption, waiver of the completion date, and liquidated damages in termination for convenience cases.

The addition of the new delay and disruption cases brings the analysis totals to 226 delay analysis method cases and 218 disruption method cases, for a total of 444 cases covered in the book material referencing specific methods for proving delay or disruption. This book is an invaluable guide offering expert advice, analysis, and insights for any lawyer, contractor, engineer or other professional who deals with construction schedule delays and disruption. The book is available in print and electronically on Westlaw.

 

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Delay analysis: a comparison of the UK and US approaches

Delay analysis: a comparison of the UK and US approaches

November 2018

by Rob D’Onofrio, Shona Frame and Laura McEwen

Published by Construction Law International, this article compares some key aspects of the SCL Protocol and the ASCE Standard, and consider whether the more established SCL Protocol could learn anything from its cross-Atlantic cousin.

 

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Briefing Papers: Disruption, Inefficiency & Loss of Productivity On Construction Projects

Briefing Papers: Disruption, Inefficiency & Loss of Productivity On Construction Projects

September 2016

by W. Stephen Dale and Robert M. D’Onofrio

Published by Thomson Reuters, this article examines the disruptive impacts of delays and other types of changes on a construction project. Accordingly, it begins by looking at disruption generally and then proceeds with a review of various approaches to quantify or isolate the effects of disruption on construction work.

 

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Briefing Papers: Legal Issues in Construction Schedule Delay Analysis

Briefing Papers: Legal Issues in Construction Schedule Delay Analysis

July 2014

by W. Stephen Dale and Robert M. D’Onofrio

Published by Thomson Reuters, this article provides a comprehensive overview of the key legal issues presented in the application of schedule delay analysis when allocating responsibility for delays on construction projects. These issues include the burden of proof; the distinction between delays and suspensions of work under federal contracts; the contractor’s right to early completion; acceleration; concurrency; and waiver of completion.

 

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Construction Subcontracting: A Comprehensive Practical and Legal Guide

Construction Subcontracting: A Comprehensive Practical and Legal Guide

2014 (628 pages)

Published by the ABA, this book brings together a team of experienced attorneys and industry experts to examine the multifaceted subject of construction subcontracting. CPMI President Mike D’Onofrio, P.E., co-authored chapter 3, “Scheduling, Delays and Coordination,” with Editor Joseph C. Kovars, Esq. The chapter considers the contract provisions often used in subcontract agreements that address scheduling, coordination, and delays. It also examines the types of project delays that may occur, the methods used to measure delay, and the damages usually associated with delays.

 

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What Is a Schedule Good for? A Study of Issues Posed by Schedules on Complex Projects

What Is a Schedule Good for? A Study of Issues Posed by Schedules on Complex Projects

Winter 2013

by Robert M. D’Onofrio and Anthony L. Meagher

Construction lawyers and scheduling consultants have long grappled with the various methods of analyzing schedule delays. Recently, efforts have been made to establish common nomenclature and consensus regarding preferred methods. This article, published by the American Bar Association, Construction Lawyer, explores those efforts, offers suggestions as to the application of preferred methods, and discusses related considerations in drafting contract schedule provisions.

 

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Scheduling (Programme) Analysis: Hired Gun Advocacy or Effectively Meeting a Burden of Proof?

Scheduling (Programme) Analysis: Hired Gun Advocacy or Effectively Meeting a Burden of Proof?

October 2012

by Donald G. Gavin and Robert M. D’Onofrio

There is an undeniable need for logical, factually supportable and credible evidence to assist in calculating delay, time extensions, concurrency, and compensability, as well as liquidated damages and actual damages. Yet the differing methods of scheduling (programme) analysis can lead to distrust and rejection of some or all resulting evidence. This feature article in Construction Law International suggests a series of best practices to improve the reliability of such evidence and to increase its acceptability.

 

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From Cars to Crews: The Evolution of Construction Scheduling

From Cars to Crews: The Evolution of Construction Scheduling

Fall 2012

by the Team at CPMI

Over the years, numerous construction tools and scheduling methods have emerged as a means to solve construction challenges. Location-based scheduling (LBS) is one of the latest methods that promise to increase efficiency. It is causing many to take a closer look at how projects and work move through time.

 

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Can a Contractor Have a Critical Path Delay When the General Contractor Does Not?

Can a Contractor Have a Critical Path Delay When the General Contractor Does Not?

December 2011

by Christopher W. Carson, PSP; Mark Boe, P.E., PSP; and Shannon L. Campbell, PSP

CPMI’s Mark Boe teamed up with co-authors to provide a discussion and analysis on this interesting question. Following its presentation at the AACE International 2011 Annual Meeting, the technical article was selected and published in the December 2011 issue of Cost Engineering.

 

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Reconciling Concurrency in Schedule Delay and Constructive Acceleration

Reconciling Concurrency in Schedule Delay and Constructive Acceleration

Winter 2010

by W. Stephen Dale, Esq., and Robert M. D’Onofrio

Published by the Public Contract Law Journal, this article discusses damage recovery by contractors in cases where construction projects are delayed. It focuses on acceleration cost due to delay for which both owner and contractor are held responsible.

 

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AACE Recommended Practice for Forensic Schedule Analysis

AACE Recommended Practice for Forensic Schedule Analysis

April 2010

by Michael F. D’Onofrio, P.E., and Kenji P. Hoshino, PSP, CFCC

Presented at the American Bar Association Forum on the Construction Industry 2010 Annual Meeting, this article by CPMI President Mike D’Onofrio and Kenji Hoshino of Project Controls and Forensics, LLC, provides an interesting perspective on the AACE RP from a variety of viewpoints.

 

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The ABCs of DRBs: What They Are and How Well They Work

The ABCs of DRBs: What They Are and How Well They Work

Spring 2006

by the Team at CPMI

For a host of reasons, disputes have become increasingly prevalent in the construction industry. When they affect deadlines, productivity, and costs, they must be dealt with promptly to keep the project on schedule and the budget on target. One approach to resolution, which has been evolving since its inception almost 30 years ago, is the use of a Dispute Review Board (DRB).

 

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Identifying Concurrent Delay

Identifying Concurrent Delay

Winter 2004

by the Team at CPMI

Properly assessing concurrent delay can be one of the most difficult challenges encountered in resolving delay claims. First, of course, it’s essential to understand how concurrent delay is defined.

 

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When the Best-Laid Plans Go Astray: A Primer on Labor Productivity

When the Best-Laid Plans Go Astray: A Primer on Labor Productivity

Fall 2002

by the Team at CPMI

It all begins with the bid.

When a contractor bids on a construction project, the bid usually is based on an estimate, which is factored from a similar project. The bid contains materials and labor as its two primary components.

 

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Techniques and Methods for Assessing Delays

Techniques and Methods for Assessing Delays

Spring 2002

by the Team at CPMI

Time is important to everyone, especially to those in the construction industry. Every construction contract stipulates either a time of performance or a specific project completion date. Yet, with so much attention to time, construction projects are frequently subject to delays. Sorting out the issues and determining which party is responsible often proves difficult and time-consuming. Though many techniques are available for determining schedule impacts, not all produce valid results.

 

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