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7/5/2021· Construction

Implementing Time Impact Analysis On Large, Complex EPC Projects

By: Long International

Changes can occur on almost every project and they often lead to delays and other negative impacts to the schedule and cost of a project. Large and complex engineering, procurement, and construction (EPC) projects are particularly susceptible to the negative impacts caused by changes. Changes can cause delay and disruption to engineering, procurement, fabrication, transportation and delivery

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5/17/2021· Construction

Analysis Of Concurrent Delay On Construction Claims

By: Long International

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.

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11/25/2020· Construction

Construction Contract Notice Letters

By: Long International

Most construction contracts require written notice for changes, differing site conditions, extra work, or other events which may affect the contractor’s time and cost of performance. The process of giving “notice” is vital to triggering the contract mechanisms that allow the contractor to pursue additional time and cost and to reserve its rights to recover for any unforeseen...

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10/21/2020· Construction

COVID-19 Claim Management on Construction Projects

By: Long International

The COVID-19 pandemic has changed the internal and external project execution environments. The pandemic has caused impacts of varying degrees to nearly every aspect of projects involving the activity of people. Ordinary practices in the creation of project documentation are robust and are utilized to support the analysis of construction claims. Although project productivity losses may be demonstrable, providing compelling evidence and proof that the losses were caused by the pandemic may not be as easy to demonstrate.

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12/28/2019· Construction

As-Built But-For Schedule Delay Analysis

By: Long International

An As-Built But-For Schedule Delay Analysis (ABBF) is a retrospective CPM schedule delay analysis technique that determines the earliest date that the required mechanical completion activity, project completion activity, or various milestone activities could have been achieved but-for the owner-caused compensable delays that occurred during the project.

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10/11/2018· OSHA

Use of OSHA as Standard of Care in Negligence Cases-Expert Safety Witness Role

By: Greg Gerganoff

When personal injury events occur legal negligence actions may arise. Common law negligence is established by plaintiff showing defendant owed plaintiff a legal duty, to conform to a standard of care, defendant breached that duty, plaintiff suffered injury and there is a causal relationship between the breach and injury.

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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.

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6/21/2018· Construction

Court Determines Sanitary District Can Use Its Own Employees for Construction Projects

By: Darryl Horowitt

The Public Contracts Code generally provides that contracts for certain dollar amounts, generally exceeding $15,000 to $25,000, must be sent out for bid and let to the lowest responsible bidder after appropriate notice is given. Public Contracts Code § 20803, which governs sanitary districts, contains such a requirement for any contract exceeding $15,000.

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5/11/2018· Construction

Construction Alert: Bidding On Public Works Projects

By: Darryl Horowitt

The courts have been busy dealing with issues relating to bidding on public works projects. Two recent decisions have been issued: Great Western Contractors, Inc. v. Irvine Unified School District (2010) 2010 DJDAR 13815 and Schram Construction Inc. v. The Regents of the University of California (Southland Industries) (2010) 2010 DJDAR 13398.

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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.

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