CONSTRUCTION ARTICLES PAGE 3

3/12/2018· Construction

Proving the Cause-Effect Linkage

By: Long International

Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.

1/15/2018· Construction

Project Team Motivators and Demotivators

By: Long International

The leader of a corporation or project is the individual who must ultimately be willing to take responsibility for results. Within the context of an organization or team made up of individuals, it is the collective performance of the individuals, as a team, that defines the results of the whole. While it can be said that the best motivation is internal motivation as opposed to external motivation, the leader is ultimately the one responsible for creating the conditions where motivation can thrive.

11/13/2017· Construction

Acceleration Claims on Engineering and Construction Projects

By: Long International

Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.

10/4/2017· Construction

A Reasonable Method to Estimate Loss of Labor Productivity Due to Overtime

By: Long International

In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. However, there is no universally accepted method for estimating the resulting loss of productivity, and many of the studies commonly used to estimate such losses have been subject to criticism by industry experts and the courts.

9/13/2017· Construction

Post Hurricane Flooding Tips and Frequently Asked Questions

By: Daniel D. Bawden

What is the first thing I should do if my home got flooded? Call your flood insurance company and file a claim, preferably before August 31st, when the flood settlement rates go down. How can I find out if I have flood insurance, and who to call?

9/11/2017· Construction

Common Sense Strategies for Avoiding Construction Litigation

By: Jeffrey P. Weinstein

ln our current climate of economic prosperity and rising real estate values, the prevalence and usefulness of construction litigation may be on the wane. Much of the litigation and expert opinion in recent years has resulted in unrealistic repair schemes for the sole purpose of producing a settlement among parties to the litigation. When a plaintiff expert recommends a "remove and replace in its entirety"1 scenario (for example, arguing that all exterior stucco must be demolished and reinstalled due to a lack of expansion joints), the defense expert frequently advocates a more modest "fix what's broken" scheme to provide a minimum repair at the lowest cost. This process consumes considerable time and resources, and creates a difficult environment in which to craft a settlement. More often than not, neither party is pleased with the outcome; unreasonable plaintiff positions often result in settlement amounts ranging between 15 to 25 percent of the claim amount.

8/2/2017· Construction

The Collapsed As-Built Windows Schedule Analysis Method

By: Long International

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.

10/26/2016· Construction

Independent Safety Professionals, Or "It's All Good, I Can Handle It!"

By: Greg Gerganoff

During a recent conversation with a friend who had purchased a small construction company he mentioned in passing that one of his employees had injured his ankle on the job but didn't report it to his work comp carrier as it was a minor incident, no days off work, didn't want his rates to go up, why bother. All is good. Right?

1/5/2016· Construction

Safety Equipment & Protective Gear: The Right Equipment Can Save Your Life!

By: Michael Panish

As a construction expert witness, I am often asked about the importance of using safety equipment. I have many years of personal experiences with the proper observance of safety procedures and appropriate safety equipment requirements.

12/11/2015· Construction

Modular Cabinet Systems Retail Store Fixtures: Injuries from Improper Installation

By: Michael Panish

I have been the retained expert witness by both the plaintiff and defendant to determine the causes of a variety of significant injuries that have happened as a result of improper cabinet and millwork installation practices. In most claims, if product abuse or deferred condition was not the reason for the injury, poor installation practices that have omitted required hardware was to blame. Architectural millwork injuries have occurred repeatedly in shopping centers and malls, hotels, hospitals, airports, and offices throughout the country. Casinos and restaurants are also routinely the location of significant cabinetry related failures leading to serious injuries. Many offices and industrial buildings that utilize modular furniture have had employees injured by improper or completely unattached components. In my other articles, improperly attached architectural millwork has been discussed. Heavy mirrors and headwalls have fallen upon hotel guests while they were asleep in bed. Generally, these failures occur due to lack of appropriate fasteners, missed structural connections, or product tampering.