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Florida Office:
Andrew Avalon, PE, PSP
Chairman & CEO
8633 Willow Kane Court
Orlando, FL 32835
aavalon@long-intl.com
T: (407) 445-0825 F: (407) 650-3399

Long International provides expert engineering and construction claims analysis, expert testimony, project management consulting, and insurance claims analysis services. We focus on projects in the following industries: building and construction; gas, gasification, GTL, LNG, and NGL; industrial and manufacturing; mineral and mineral processing; offshore oil and gas; oil sands; pipelines and utilities; power; refineries, petrochemical, and chemical; transportation; and water, wastewater, dams, and marine. We analyze claims, not limited to, disputed change orders, schedule delay, acceleration, time extensions, liquidated damages, loss of productivity, defective specifications, and deficient project management performance.

Richard J. Long, P.E., P.Eng., Founder of Long International, has over 50 years of U.S. and international consulting experience involving construction contract disputes analysis and resolution, arbitration/litigation support and expert testimony, project management, engineering/construction management, cost and schedule control, and process engineering. As an internationally recognized expert in the analysis and resolution of complex construction disputes for over 35 years, Mr. Long has served as the lead expert on over 300 projects having claims ranging in size from US$100,000 to over US$2 billion. He has presented and published numerous articles on claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention.

Rod C. Carter, CCP, PSP is President of Long International and has over 20 years of experience in construction project controls, contract disputes and resolution, negotiations, mediation, arbitration support, and expert testimony on scheduling, loss of productivity, and quantum issues. He has experience in entitlement, schedule, and damages analyses on over 30 construction disputes ranging in value from US$100,000 to US$7 billion, related to oil and gas, oil refinery, LNG, heavy civil, nuclear, environmental, chemical, power, industrial, commercial, and residential construction projects. Mr. Carter specializes in loss of productivity, cumulative impact, and quantum calculations, and had a lead role in assessing damages on more than a dozen major disputes. In addition, Mr. Carter has developed cost and schedule risk analysis models using Monte Carlo simulations to address the uncertainty of estimates and claims.

Scott M. Francis, P.E., PSP is a Vice President of Long International and has over 20 years of experience in project management, contract disputes analysis and resolution, CPM schedule preparation, execution, and analysis, productivity analysis, contract administration, design engineering, construction management, and government contracting. He provides schedule development and assurance services, cost estimating, and claims analysis services on projects for both owners and contractors. Specific responsibilities include CPM development and reviews, CPM schedule delay and acceleration analyses, change order impact analysis, issue identification, correlation of impacts to schedule activities, and productivity evaluations.

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12/4/2023 · Construction

Schedule Optimization During Front-End Planning

By: Long International

This paper summarizes the development and review steps of project plans and schedules during the front-end planning phases, including the critical phase of Front-End Engineering Design (FEED). The project milestones, resources, and completion dates established during FEED set the baseline control plan during project execution.

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7/22/2023 · Construction

Design Phase Risk Mitigation Tools And Methods

By: Long International

The design phases of chemical processing plant and other industrial projects contain many potential risks. This is especially true when the project is for the first-of-a-kind deployment of new technology or when the performing organization has not previously successfully completed a similar project.

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10/14/2022 · Construction

The "No Damages For Delay" Clause

By: Long International

Construction projects involve risks. A well-structured construction contract allocates certain risks to the party that is best able to control those risks. Delay is a common risk that construction contracts allocate. A delay may increase costs for owners, contractors, and subcontractors to complete a project.

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7/5/2022 · Construction

Assessment Of Problems Associated With Poor Project Management Performance

By: Long International

The purpose of this paper is to provide an explanation of the methodology and resources that Long International uses to arrive at its opinions on allocation of the responsibility for various problems, and the impact of those opinions on the parties’ entitlement to damages or extensions of the time of performance allowed under a Contract.

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4/28/2022 · Construction

Schedule And Delay Analysis Methodologies

By: Long International

The equitable allocation of responsibility for project delays is essential to the resolution of many construction disputes. Contractors frequently assert that they have been delayed for reasons beyond their control. Owners often remain unconvinced that the Contractor is legitimately

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11/4/2021 · Construction

Preserving Your Construction Claim Through Documentation

By: Long International

Sound contract administrative practice requires keeping records in an orderly fashion and periodically reviewing those records, as needs dictate. While preparing and maintaining documentation involves effort, ready access to factual data affords management a variety of benefits. Conscientious record keeping can preclude confusion and subsequent disagreements, and, therefore, can help to prevent claims

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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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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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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.

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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.

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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.

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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.

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9/27/2013 · Construction

Discrete Damages/Cost Variance Analysis Method for Quantifying Damages in Construction Claims

By: Long International

The "discrete damages/cost variance analysis method" for quantifying construction claim damages involves the specific distribution of all costs incurred on the project rather than quantifying only certain parts of the cost or damage analysis as may be used in the other methods.

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9/4/2013 · Construction

Developing Subcontract Pricing As Applied to Building Construction

By: Long International

ABSTRACT - This paper provides guidelines to commercial construction cost engineers for the development of a plan for obtaining and utilizing subcontractor cost information for use in bidding, procurement, scheduling, change order management, and claim management. The paper is based upon personal field experience gained in cost engineering, scheduling, bidding, planning, contracting, and claim analyses.

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8/13/2013 · Construction

Construction Claims For Variation in Quantity

By: Long International

A component of a construction claim often relates to the cost, quantity, and quality of the materials that the contractor installed on a project. The contractor frequently purchases these materials and agrees to install the quantities of materials on a unit price basis, i.e., a unit price that includes both the cost of the materials and the cost to install them.

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12/17/2012 · Construction

The Importance and Value of "Notice" Provisions in Construction Contracts

By: Long International

Most construction contracts, whether they are standard or customized forms, usually contain specific provisions related expressly to the process of giving "notice." The notice generally refers to an obligation on the part of the Contractor to notify the relevant party administering the contract, normally the architect, resident engineer, or owner's representative, of a claim or change event that gives rise to possible additional entitlement for time and/or cost.

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4/13/2012 · Construction

Construction Disputes: Schedule and Delay Analysis Methodologies

By: Long International

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Jess Birken, MNM, Esq.

Jess is the owner of Birken Law Office PLLC, a boutique law firm serving nonprofits and charitable entities with their compliance and operational issues. Jess empowers nonprofits to achieve their mission by doing things right. She connects clients with the right tools, right coaching and right contacts. Ms. Birken is a nationally recognized attorney both for her service and understanding of the nonprofit & charitable sector as well as for her innovative subscription based law firm model. Listen to Jess' podcast Charity Therapy on your favorite podcast player.

Credentials

BA, Sociology, University of Minnesota, Twin Cities
JD, Mitchell Hamline School of Law, Magna Cum Laude
MA, Nonprofit Management, Hamline University School of Business
For additional information view LinkedIn

Litigation Support

Ideal client engagements are with attorneys for either plaintiff or defendant representing nonprofits involved in complex nonprofit business or compliance cases.

Entity Formation, Articles of Incorporation
Nonprofit Sector Best Practices
Bylaws Interpretation
Fiduciary Duties
Private Benefit / Private Inurement / Insider Dealing

Voting Member Rights
Board Disputes / Community Disputes
Government Grant Compliance
Nonprofit Policy Norms
Conflicts of Interest Management

Biography

Ms. Birken is the former CEO & Managing Partner at Urban Birken PLLC, a boutique firm that focused on serving the nonprofit community and started her own firm in 2016. Jess has extensive non-legal experience working inside nonprofit organizations for most of her career prior to law school as well as after attaining her masters.

Before becoming a private practice attorney, Ms. Birken served inside a mid-sized national nonprofit organization, Pheasants Forever. In that role she managed ~$50,000,000 in state and federal government grants and worked on hundreds of conservation real estate transactions. Jess is deeply experienced in the reality of federal grants management across the entire life cycle. Ms. Birken has a deep understanding of the norms and best practices of the nonprofit sector, as well as the legal and regulatory environment these organizations exist within. This expertise was developed through her academic work obtaining a Masters in Nonprofit Management, in the work environment and through private practice experience.

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You can contact Ms. Birken via e-mail or follow her on Twitter or Facebook.

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9/6/2023 · Nonprofit Organizations

Nonprofit Governance: How to Structure A New Nonprofit Organization

By: Jess Birken, Esq

When starting a new nonprofit, most founders are focused on their mission. Who are they going to be? What kind of work will they do? What impact are they going to make? But those aren’t the only things nonprofit founders need to decide. They also need to decide on the structure of the nonprofit and how it will function, too.

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9/27/2022 · Nonprofit Organizations

Nonprofit Scams: Exempt Status And What 501(c)(3) Really Means

By: Jess Birken, Esq

Here’s the thing: I wish my clients understood that a nonprofit's public charity status is NOT everything. It might be necessary and important, sure. It helps communicate to donors that the nonprofit is a public charity....But it’s certainly not the end-all, be-all of a successful nonprofit.

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8/12/2022 · Nonprofit Organizations

Nonprofit Board Member Removal: A Dilemma For The National Endowment For Democracy

By: Jess Birken, Esq

Working with nonprofit organizations, I deal with a LOT of people problems. And it makes sense, right? When you ask a group of people passionate about a cause (aka, the board of directors) to come together to make collective decisions…disagreements and confrontations are inevitable.

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4/28/2022 · Nonprofit Organizations

Feeding Our Future Nonprofit Defrauds Government

By: Jess Birken, Esq

Feeding Our Future (FOF) was a Minnesota food assistance nonprofit that was awarded millions in federal grant funds in the past few years. FOF passed those funds through to other small organizations and businesses to provide food to children, primarily BIPOC and immigrant children in the Twin Cities and beyond.

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9/28/2021 · Nonprofit Organizations

Nonprofit Conflicts: Succession Lessons From The Jeopardy Host Fiasco

By: Jess Birken, Esq

So, what does this have to do with nonprofits, you ask? Well, as a lawyer for nonprofits, I've seen lots of organizations go through the process of selecting new leaders – and not all of them do it right, especially when an insider is involved. This Jeopardy host situation reminded me of those cases.

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2/19/2021 · Nonprofit Organizations

Nonprofit Dissolution: What Do You Need To Know

By: Jess Birken, Esq

Dissolution can be a happy occasion (yay, we accomplished our mission!) or it can be very sad and emotional. But no matter what brings a nonprofit to that point, the decision to dissolve is a big one. And, to the surprise of some folks, that decision is just the very beginning of what can be a very long process

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3/31/2020 · Nonprofit Organizations

Small Nonprofits During Coronavirus (COVID-19): A Four Step Guide To Making The Right Decisions

By: Jess Birken, Esq

As schools are called off for the rest of the year, toilet paper flies off the shelves, and shelter-in-place orders are announced, anxieties are high. Everyone is worried about money, jobs, health, how to stay sane in the coming weeks – or at least I'm pretty sure it's not just me! And then there's another layer of worry – the worry that comes with running a small nonprofit in the midst of an international crisis.

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1/3/2020 · Nonprofit Organizations

How Do You Know Which is the BEST Charity to Donate to?

By: Jess Birken, Esq

Lately I've been noticing a lot of chatter on the internet about how you know which charities to donate to. There seems to be a general suspicion that nonprofits of all sizes who are seeking donations are swindling people out of their hard-earned money. Or at least that you can't trust these organizations and that it's easy to make the wrong decision.

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11/26/2019 · Nonprofit Organizations

Nonprofit Startups Can Learn From The WeWork IPO Debacle

By: Jess Birken, Esq

I work with a lot of nonprofit founders, and all of them have a certain kind of pride in their work. And they should! Lots of people have ideas, but there's not that many people out there who are willing to put their time, effort, knowledge, and money into it. We need entrepreneurial founders in the nonprofit sector.

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9/25/2019 · Nonprofit Organizations

Nonprofit Startups Paperwork: Trust me, the paperwork isn't just paperwork

By: Jess Birken, Esq

The reality is, starting and running a nonprofit is more than just the mission-driven work. Taking the time to understand the organizing documents, the Articles of Incorporation and the Bylaws, will help the organization going forward.

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8/19/2019 · Nonprofit Organizations

The Secret to Starting a Successful Nonprofit

By: Jess Birken, Esq

Here's the secret to getting your nonprofit idea off the ground: knowing for sure that it should be a nonprofit in the first place.

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Starting a Nonprofit: 5 Things Every Founder Must Know

Jessica Birken, MNM, Esq.

Request a copy of the eBook from Jessica Birken, MNM, Esq. Learn what you need to know before getting started with your nonprofit.

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expert witnesses

Government Contracts Expert Witnesses: 2

Construction Claims Experts Long International

Nonprofit Organizations Expert Witness Jess Birken

Jess Birken, MNM, Esq.

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