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Constructive Acceleration: Exploring the Delay/Accelerate Quandary

January 2024

by Robert M. D’Onofrio (CPMI), Professor Doug Jones, Arbitrator, Dr. Hamish Lal, Arbitrator; Solicitor-Advocate, Kim Rosenberg, Partner, Freshfields (Dubai)

Published by the International Construction Law Review, this paper explores different types of acceleration, the origins of constructive acceleration doctrine, causes of action, causation, checklists, international arbitral tribunal perspectives, and innovative contractual solutions.

Construction Schedule Delays – 2023 Edition

2023 (1,000+ pages)

by W. Stephen Dale and Robert M. D’Onofrio (CPMI)

A comprehensive treatise on schedule delay analysis, the 2023 edition includes new delay, disruption, and damage cases reflecting legal decisions added in the last year. The addition of the new cases brings the analysis totals to 280 delay analysis method cases and 324 disruption method cases, for a total of 604 cases covered in the book material referencing specific methods for proving delay or disruption. All of the charts, analysis, and statistics have been updated to reflect the added cases. 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.

Briefing Papers: The “Measured Mile” Method For Proving Disruption

November 2021

by W. Stephen Dale and Robert M. D’Onofrio (CPMI)

Published by Thomson Reuters, this article provides an overview of the implementation of a measured mile analysis. Topics include a preference for using the measured mile method for proving disruption, selection of measured mile periods, positive treatment of the measured mile method, negative treatment of the measured mile method, and overall guidelines.

Identifying, Quantifying, and Proving Loss of Productivity (71-21)

2021

Prepared by the ASCE Standards Committee including Robert M. D’Onofrio (CPMI) and Todd Mayo (CPMI)

Identifying, Quantifying, and Proving Loss of Productivity, ANSI/ASCE/CI 71-21, describes key labor costs as typically the most variable, and a major component of, overall project cost. It provides guidance on tracking and measuring labor productivity to help prevent, mitigate, and recover cost overruns and to address loss of productivity disputes and claims, which are increasing in frequency and magnitude. The standard is available electronically in ASCE’s library.

COVID-19 Pandemic Impacts on Construction Projects

April 2021

by Hossein Ataei, Ph.D., P.E., P.Eng., Dan Becker, Joseph R. Hellenbrand, PE (CPMI), Mohammed S. Hashem M. Mehany, Ph.D., Thomas E. Mitchell, P.E., and David M. Ponte, P.E.

COVID-19 Pandemic Impacts on Construction Projects provides a concise overview of the immediate response of the construction industry to the challenges created by the worldwide COVID-19 outbreak. Topics include time and schedule impacts on projects, financial impacts on projects, and new and evolving regulations. This book will be of interest to field engineers, project managers, and all those involved with claims and construction management. The book is available electronically in ASCE’s library.

Delay analysis: a comparison of the UK and US approaches

November 2018

by Robert M. D’Onofrio (CPMI), 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.

Schedule Delay Analysis (67-17)

2017

Prepared by the ASCE Standards Committee including Robert M. D’Onofrio (CPMI)

Schedule Delay Analysis (67-17) presents guiding principles that can be used on construction projects to determine the impact of delays. Critical path method (CPM) schedules can be of evidential value to demonstrate causation and liability and to apportion delays when they occur on a project. CPM schedules will influence the quantification of delay and, ultimately, whether a party was damaged by a delay. This standard provides 35 guidelines that allow for segmentation of responsibility for delays to intermediary milestones and project completion dates. It is available electronically in ASCE’s library.

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

September 2016

by W. Stephen Dale and Robert M. D’Onofrio (CPMI)

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 (CPMI)

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)

Co-authored by Michael F. D’Onofrio, PE (CPMI) and Editor Joseph C. Kovars, Esq.

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, PE, 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 (CPMI) 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 (CPMI)

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, PE, PSP (CPMI); 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 (CPMI)

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 (CPMI)

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, PE (CPMI), 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.