Florida Office: Andrew Avalon, PE, PSP Chairman & CEO 8633 Willow Kane Court Orlando, FL 32835 email@example.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.
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.
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.
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.
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
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
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
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.
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...
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 entitled to a time extension or delay, acceleration and loss of productivity damages.
Mass TankInspection & Services (MTIS) is the largest Steel Tank Fabrication and Inspection Services company on the east coast. MTIS serves the steel tank industry both domestically and internationally. Their commitment to service and quality has made them one of the largest tank manufacturers with a full range of Aboveground Tanks, Underground Tanks, and Vessels.
MTIS has been in business for over 100 years and has clients throughout the world. Industries served include Aerospace, Agricultural, Biopharmaceutical, Chemical, Construction, Cryogenic, Food & Beverage, Marine, Medical, Military, Nuclear, and Petrochemical.
Litigation Support - Carl Horstmann, President and CEO, provides expert testimony on a variety of Tank Failure cases. Mr. Horstmann and his team are experts in their field, combining a deep understanding of tanks and extensive experience, enabling them to provide accurate, detailed advice for legal matters. Services include site inspection, thorough reporting, depositions, and trial testimony as needed.
Inspection capabilities include non-destructive methods such as eddy current, ground penetrating radar, infrared, inline, CMM, magnetic particle, on stream, liquid penetrant, robotic, ultrasonic, video, visual, and x-ray. MTIS inspects tanks designed to UL, ASME, API, ASTM D-1998, STI SP-001 and AWWA standards, along with tanks built to unspecified standards.
Dr. James J. Connors is a Professional Hydrologist, certified by the American Institute of Hydrology, and a licensed Professional Geoscientist in several states. He has more than 38 years' experience working on projects and legal cases involving groundwater, surface water, stormwater runoff, and environmental contamination. His career includes extensive bodies of work as an award-winning academic, a private-sector consultant, and a testifying and consulting expert witness. Dr. Connors has performed hundreds of environmental and hydrological consulting projects across the U.S.; taught university-level hydrology and hydrogeology; and has been designated as an expert witness in more than 50 legal cases in 12 states and New Zealand (in both state and federal courts).
Areas of Expertise
Stormwater runoff & related flooding, erosion, & sedimentation
Hydrological & environmental impacts related to construction, development, & land-use changes
Environmental contamination of groundwater, soil, sediment, & surface water
General issues associated with hydrology & hydrogeology
Coastal, pond, lake, watershed, & wetlands hydrology
Coastal erosion & related sediment transport / deposition
I bring diverse, combined education, licensing, and credentialing in geology, biology, and hazardous materials management. Indoor air quality as related to asbestos, mold, lead, building hazards, vapor intrusion, OSHA worker and occupant complaints.
I manage a firm of environmental and industrial hygiene professionals while serving as an expert in my diverse field; I have over 60 retained cases complete. I can cost effectively support engagements that may require extensive data gathering across an expanded time frame. I apply my capabilities and credentials across commercial, industrial, and oil & gas settings, with a technical focus on highly regulated industry and real estate.
I have been steadily retained for expert witness services since 1995.
I specialize in structural fire forensic investigation and testing, routinely leverage post-flood emergency response expertise in buildings, specific to microbial disinfection, mold mitigation, and source mold under forensic methods of investigation that may exist under alleged building construction defects. I possess expertise in building systems and mitigating hazards from structures in advance of demolition for asbestos, lead, and other regulated materials. I prepare, implement (and/or critically review) asbestos specifications, mold remediation protocols, OSHA-driven lead specifications, and remediation soil management plans.
I have evaluated diverse workplaces following loss reports due to alleged safety and public health concerns and offered mitigation strategies for worker safety under OSHA complaints, especially regarding respiratory protection. I have served as an expert for multiple worker injury and wrongful death allegations within the context of environmental exposure.