Current Project Professionals Posts
McLaughlin & McLaughlin’s Project Professionals post is the third in a Subject Series. Construction Claims and Disputes which are (will be) discussions regarding managerial challenges in potential and actual construction claims situations. In this series, we focus on the managerial aspects of construction claims and disputes management. This summary discussion addresses the many posts that have been presented in the past and are at the Subject Series tab of Project Professionals.
In the engineering and construction industry, claims and disputes take many forms and focus on many topics. For simplicity of discussion, we will use the follow the following categories:
- Scope of Work, Changed Work or Variations
- Delay and Acceleration, Time-Related
- Disruption / Productivity (usually labor/labour)
- Terms and Conditions (and other subjects).
McLaughlin & McLaughlin’s Project Professionals has posted (or published) greater than 60 posts regarding one or more aspects of Construction Claims and Disputes.
The balance of this post identifies the Subject Series and posts that are at Project Professionals and are relevant to construction claims and disputes.
Scope of Work, Changed Work or Variations – Scope of work is the source of many (if not most) of claims, disputes and litigation. Project Professionals plans to expand this discussion in the near future. Currently, this troublesome area of claims, disputes and litigation, is addressed (indirectly) through project planning and challenges. The two Subject Series that are relevant are:
- Project Management Challenges – This is an 11 part series covering many project management issues and challenges. These topics include scope of work development.
- Project Planning – This is an ongoing five part series addressing scope of work development and definition.
Delay and Acceleration, Time-Related – Next to scope of work, this category of claims is the largest. The common thread is that these are Time-Related or relate to Time Management. The posts that address these areas may be found in the following Subject Series:
- Managing the Risk of Delay – This is a 15 part series addressing delay from a managerial perspective.
- Time Management – Schedule Specification Implementation – This is a six part series presenting a paper on the development and implementation of a schedule specification.
- Schedule Validations and Audits – This is a three part series on the conduct and use of schedule validations and audits.
Disruption / Productivity – This emerging category of claims is covered in:
- Productivity – This is an 18 part series discussing many aspects of productivity. The dominant labor category is field labor; however, it pertains to home office labor as well as construction support equipment.
Terms and Conditions – One very problematic area in this general topic is covered in:
- Contract Notice and Recognition – This is a four part series addressing one of the most problematic issues in compliance with contract terms and conditions.
We wish you happy reading and good luck in your construction claims and disputes challenges and endeavors. Enlightened management is the key to success, however you define success. Develop a Construction Claims Management Plan [owners, prime contractors and subcontractors] and follow the plan.
It is important to note that McLaughlin and McLaughlin [M&M] is not a law firm and is not intending to provide legal advice. M&M is a consulting firm providing (among other services) non-legal expertise in construction claims, dispute resolution and litigation support. The Resource Center is for the convenience of blog visitors and M&M does not offer this for commercial purposes. For further information on M&M services, please see www.McLaughlinandMcLaughlin.com.