Construction Contract Claims

MANAGING RISK OF DELAY – Subject Series Summary Update

September 15, 2011 By George T McLaughlin PMP CCM

This summary update provides readers with an overview of prior posts and provides a baseline for future posts that will follow on a timely basis. The last summary was posted on June 12, 2011.

This summary is very brief and simply serves as an index for readers to follow. More robust summaries are provided in the June summary. Of course, detailed descriptions are contained in the individual posts.

Ideally this summary provides a starting point to investigate best practice on many delay-related features of project management.

The Context and Challenge (Part 1) – Talk/Speech by Mr. Keith Pickavance

Time-Management Strategy (Part 2) – Strategy according to CIOB Guide

As-Planned Schedule / Accepted Programme (Part 3) – Establishing the Time Management Baseline

Schedule Preparation and Maintenance (Part 4) – Managing the Time Baseline

Earned Value Management (Part 5) – Importance and Management of the Time Baseline Tool

Critical Path and Earned Value Management (Part 6) – Managing with Critical Path, Earned Value Management and Productivity Tools

Earned Value and Schedule Performance Indicators (Part 7) – Time Management Tools

Schedule Specification Sources and Implementation (Part 8) – Managerial Tools with sources

Recognition and Notice (Part 9) – Managerial Alerting and Action Tools

Going forward, we will post other features of MANAGING THE RISK OF DELAY. [Read more…]

Filed Under: Featured, General, Projects, Uncategorized Tagged With: Best Practices, Construction Contract Claims, Construction Contract Delay, Construction Contract Planning and Scheduling, Delay, Earned Value Management, George T. McLaughlin PMP, Managing the Risk of Delay, McLaughlin & McLaughlin, Productivity Management, Project Execution Plan, Project Execution Planning, Risk of Delay, Schedule Specifications, Time Management, Time Management Strategy

MANAGING RISK OF DELAY – Recognition and Notice (Part 9)

August 11, 2011 By George T McLaughlin PMP CCM

This post is the ninth in a series of discussions regarding various aspects of time management as it relates to the risk of delay. More specifically, we have titled the series MANAGING RISK OF DELAY, since we focus heavily on the managerial aspects of program / project management. This post addresses planning for and implementing recognition and notice as a managerial tool.

The challenge associated with managing time is common to virtually all projects. This challenge is true for most project management situations. It is intensified in the case of larger and more complex projects as well as fast-track (an ambiguous term) and high technology (similarly, an ambiguous characterization) projects.

In order to professionally manage time (and, therefore, risk of delay) the manager must have a time baseline [typically a Critical Path Method schedule and a Performance Measurement Baseline – please see earlier posts on these topics] and a method to recognize variations from the baseline.

Further, the managerial team must have an effective process to provide timely and compliant notice of the variance to the time baseline. [Read more…]

Filed Under: Claims, Featured, General, Projects Tagged With: Best Practice, Bramble and Callahan, Construction Contract Claims, Construction Contract Planning and Scheudling, Delay, Earned Value Management, George T. McLaughlin PMP, Keith Pickavance, Managing risk of delay, McLaughlin & McLaughlin, Productivity Management, Project Execution Plan, Project Execution Planning, Recognition and Notice, Risk of Delay, Time Management, Time Management Strategy

MANAGING RISK OF DELAY – Schedule Specification Sources and Implementation (Part 8)

July 11, 2011 By George T McLaughlin PMP CCM

This post is the eighth in a series of discussions regarding various aspects of time management as it relates to the risk of delay. More specifically, we have titled the series MANAGING RISK OF DELAY, since we focus heavily on the managerial aspects of program / project management. This post addresses implementing and using a schedule specification as a managerial tool.

The challenge associated with managing time is common to virtually all projects. This challenge is true for most project management situations. It is intensified in the case of larger and more complex projects. Examples include Lump Sum Turn Key (LSTK), Engineer Procure Construct (EPC) and other similarly executed projects. In addition to the normal issues associated with bulk progress, actions or inactions by the owner can add considerable complexity to this challenge. Over the past seven years, M&M has program/project managed five projects exceeding $100 million (USD) in investment value (total installed cost). Thus, practical/practioner experience is engendered in this discussion/post. [Read more…]

Filed Under: Claims, Featured, General, Projects Tagged With: Construction Contract Claims, Construction Contract Planning and Scheduling, Delay, Earned Value Management, George T. McLaughlin PMP, Managing risk of delay, McLaughlin & McLaughlin, Productivity Management, Project Execution Plan, Project Execution Planning, Risk of Delay, Schedule Specification, Time Management, Time Management Strategy

TROUBLED PROJECTS – Preconceived Notions

June 17, 2011 By d.mclaughlin

As we begin to dig deeper into the troubled project and work breakdown structure has been established, we begin to interview the stakeholders of the project. One of the general questions one asks, is what do you believe are the issues, what went wrong? Human nature as it is, these stakeholders tend to be cautions and careful with their contributions. Rarely do I hear one volunteer or is his or her organization the source for the incongruities. A cautious approach continues as the interview process progresses further. [Read more…]

Filed Under: Claims, Featured, General, Projects Tagged With: analyzing construction disputes, Best Practice, Claim analysis, Construction Claims, Construction Contract Claims, Construction Disputes, McLaughlin & McLaughlin, Problem construction project

MANAGING RISK OF DELAY – Subject Series Summary

June 12, 2011 By George T McLaughlin PMP CCM

The Context and Challenge (Part 1)

This post addresses the general topic of time management and the relationship to managing the risk of delay.

Keith Pickavance is a prominent leader, speaker, expert and author in the construction industry. His authoritative reference book, Delay and Disruption in Construction Contracts, is noted in our Resource Center.

Mr. Pickavance is President of CIOB. Speaking in this capacity, he delivered an excellent talk entitled: ” Managing the risk of delayed completion in the 21^st Century.”

The link to this streaming video is http://www.multichanneltv.com/ciob/cio004/ and is excellent. The discussion by Mr. Pickavance provides an excellent basis for development of this topic. [Read more…]

Filed Under: Claims, Featured, General, Projects Tagged With: Construction Claims, Construction Contract Claims, Construction Contract Planning and Scheduling, Delay, Earned Value Management, Managing risk of delay, Productivity Management, Project Execution Planning, Risk of Delay, Time Management, Time Management Strategy

WORKER PRODUCTIVITY – Watch How the People Work

June 7, 2011 By Richard S Troell

This is the eight posting regarding labor productivity and disruption. This contribution provides some practical suggestions for the manager in the field. The Subject Series can be viewed here.

Isn’t it always the obvious that gets us in trouble? It doesn’t seem to make much difference what area of life you talk about, the aspects that are obvious are most often those that we assume will take care of themselves and we skip over as we develop our plans. Considering the area of worker productivity, everyone knows how the work gets done. Right? Well, it is quite obvious. You just pick up the material and put it in place. After all, how can there be anything different about doing the work? Get the material to the job site, hire craft workers, provide drawings and the project will miraculously get built.

When thinking about various construction sites, even in the US, several differences in the manner in which the exact same work is accomplished in various locations are revealed. In order to properly plan and organize construction activities, the way people work in the specific location under consideration must be understood and incorporated. For example, is it better for productivity for each pipefitter welder to have an assigned stand-alone welding machine? Or possibly, the welder should use a welding machine located in an eight-pack of welders. That question could be strictly a planning matter, or it could be related to the site location and area practice. If one approach is better than the other for the project, area practice may need to be addressed and modified in some way for improved productivity to be realized. [Read more…]

Filed Under: Claims, Featured, General, Productivity, Projects Tagged With: Construction Contract Claims, Construction Contract Planning and Scheduling, Construction Field Labor Productivity, Disruption, Field Labor Productivity, Productivity Loss, Project Execution Plan, Project Execution Planning

SCHEDULE VALIDATIONS AND AUDITS – Timing, Methodology and Conclusions – (Part 3 )

May 28, 2011 By Earl Glenwright

WHEN SHOULD VALIDATION AND AUDITS BE DONE?

Validation occurs when the initial or revised baseline schedule is submitted prior to the start of any construction field-site work, with the possible exception of mobilization, site preparation, ordering of long-lead time equipment or materials, permits, excavation, and installation of in-ground site utilities.

Validation is an extensive process and can be time consuming both initially and after each re-submittal of the proposed baseline ‘planned’ construction schedule until a valid baseline schedule is accepted by all significant stakeholders: Owner, Contractor, Subcontractors, Suppliers, Financing entities, and Permitting agencies.

Before a complete Validation process is performed an Appraisal is done to determine if the requirements for Validation are in place. [Read more…]

Filed Under: Claims, Featured, General, Projects Tagged With: Audit, Construction, Construction Contract Claims, Construction Contract Delay, construction schedule, Project Execution Plan, Validation

MANAGING RISK OF DELAY – Earned Value and Schedule Performance Indicators (Part 7)

May 22, 2011 By George T McLaughlin PMP CCM

This post is the seventh in a series of discussions regarding various aspects of time management as it relates to the risk of delay. More specifically, we have titled the series MANAGING RISK OF DELAY [Subject Series], since we focus heavily on the managerial aspects of program / project management. This post addresses some managerial tools relative to the integrated nature of time management using critical path and earned value management.

The challenge associated with managing all (critical and non-critical path) work is common to virtually all projects. This challenge is true for most project management situations. It is intensified in the case of larger and more complex projects. Examples include Lump Sum Turn Key (LSTK), Engineer Procure Construct (EPC) and other similarly executed projects. In addition to the normal issues associated with bulk progress, actions or inactions by the owner can add considerable complexity to this challenge. Over the past seven years, M&M has program/project managed five projects exceeding $100 million (USD) in investment value (total installed cost). Thus, practical/practioner experience is engendered in this discussion/post. [Read more…]

Filed Under: Claims, Featured, General, Projects Tagged With: Construction Claims, Construction Contract Claims, Construction Contract Delay, Construction Contract Planning and Scheduling, Delay, Earned Value Management, Managing risk of delay, Productivity, Productivity Management, Project Execution Plan, Project Execution Planning, Risk of Delay, Time Management, Time Management Strategy

MANAGING RISK OF DELAY – Critical Path and Earned Value Management (Part 6)

May 6, 2011 By George T McLaughlin PMP CCM

This post is the sixth in a series of discussions regarding various aspects of time management as it relates to the risk of delay. More specifically, we have titled the series MANAGING RISK OF DELAY, since we focus heavily on the managerial aspects of program / project management. This post addresses some ideas regarding the integrated nature of time management using critical path and earned value management.

The challenge associated with managing all (critical and non-critical path) work is common to virtually all Lump Sum Turn Key (LSTK), Engineer Procure Construct (EPC) and other similarly executed projects. In addition to the normal issues associated with bulk progress, actions or inactions by the owner can add considerable complexity to this challenge. Over the past seven years, M&M has program/project managed five projects exceeding $100 million (USD) in investment value (total installed cost). Thus, practical/practioner experience is engendered in this discussion/post. [Read more…]

Filed Under: Featured, General, Projects Tagged With: Construction Contract Claims, Construction Contract Delay, Construction Contract Planning and Scheduling, Delay, Earned Value Management, Productivity, Productivity Management, Project Execution Plan, Project Execution Planning, Time Management, Time Management Strategy

Labor Productivity and Disruption – Managerial Considerations

May 2, 2011 By George T McLaughlin PMP CCM

This is the seventh posting regarding labor productivity and disruption. The Subject Series can be viewed here. In large and complex projects, a prime contractor may or may not direct hire the field labor. Often, the field labor is hired by major subcontractors (contractors hired by prime contractor). Examples are civil, structural steel, mechanical, piping, electrical and controls.

For the prime contractor [or similarly for Owner/Employer], subcontractor productivity is seemingly not important or relevant. This is particularly true if the subcontractor in question is on a fixed price or fixed unit price contract. However, events that are created by Owner/Employer or Contractor that impact the subcontractor’s productivity create potential liabilities. Further, once the subcontractor discovers the loss, a claim is likely to emerge.

Consequently, positive action is needed. There is a legitimate need for the Owner/Employer and Contractor to be informed. Managerial overlay, visibility and attention are components in the overall project management challenge. [Read more…]

Filed Under: Productivity, Projects Tagged With: AACE International, Changed Work, Chartered Institute of Building (CIOB), Construction Contract Claims, Construction Industry Institute (CII), Disruption, Field Labor Productivity, Mechanical Contractors Association of America (MCAA), National Electrical Contractors Association (NECA), Project Execution Plan, Project Management Institute (PMI), US Army Corps of Engineers (USACE)

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