Publications
Construction Schedule Delays – 2020 Edition
2020 (1,000+ pages)
by W. Stephen Dale and Robert M. D’Onofrio
A comprehensive treatise on schedule delay analysis, the 2020 edition includes new cases since the 2019 update covering international disruption cases, in jurisdictions including Canada, the United Kingdom, Australia, and Hong Kong. The addition of the new delay and disruption cases brings the analysis totals to 241 delay analysis method cases and 290 disruption method cases, for a total of 531 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 professionals who deal with construction schedule delays and disruption. The book is available in print and electronically on Westlaw.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Under Construction – Can There Be Float on the Critical Path?
August 2010
by Robert M. D’Onofrio
Historically, activities with zero float were defined as the critical path. This is not always the case, however. Critical path activities can have float; hence the critical path can have float. This article dispels a common misconception.
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.
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).
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.
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.
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.