CONSTRUCTION CLAIMS and DISPUTES – Subject Series Summary – Update 11-Nov-2014

Just as the businesses and economies have cycles, capital projects (particularly engineering and construction) have recurring cycles.  The pendulum swings back and forth within the bounds of the capital project cycle.  In capital projects, the cycle can be three to five years, depending on the economy, size and complexity of the projects and other factors.

At this time, the market seems to be transitioning from project planning and early execution into middle to later-stage execution with emergence of disputes.  As the claims and disputes marketplace intensifies over the next several years, Construction Claims and Disputes will become an increasingly commonplace and a relevant topic for capital project management professionals.

Construction Claims and Disputes continues to be the most popular subject on Project Professionals.  Further, it is the most requested line of services provided by McLaughlin & McLaughlinM&M are project management practitioners (in the field) and, yes, we practice what we preach.  Further, our choice of topics for Project Professionals posts is driven by and reflective of practical and current issues.  This is not esoteric, academic or hypothetical “stuff”.

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.  Initially, this Subject Series, Construction Claims and Disputes, was posted during January 2011 through July 2014.  During the past several years, greater than 25% of views by visitors have been to this Subject Series.

Ideally this Subject Series  provides a starting point to investigate best practice on many planning and execution features of construction claims and disputes. [Read more…]

CONSTRUCTION CLAIMS and DISPUTES – Subject Series Summary

Construction Claims and Disputes is the most popular subject on Project Professionals and has been for several years.  Further, it is the most requested line of services provided by McLaughlin & McLaughlin.    M&M are project management practitioners (in the field) and, yes, we practice what we preach.  Further, our choice of topics for Project Professionals posts is driven by and reflective of practical and current issues.  This is not esoteric, academic or hypothetical “stuff”.

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.  Initially, this Subject Series, Construction Claims and Disputes, was posted during January 2011 through August 2013.  During the past several years, greater than 25% of views by visitors have been to this Subject Series.

Ideally this Subject Series  provides a starting point to investigate best practice on many planning and execution features of construction claims and disputes.

Construction Claims and Disputes (Part 0)  – This introduction formats the discussion with definitions, claim categories and key industry references.  This post is consistent with M&M experience in many years of professional services.

The Overview (Part 1)  –Part 1 updates Part 0, the introduction.

Construction Claims Management Planning (Part 2) – This is the most popular post in this (most popular) Subject Series.  Construction claims (or the risk of claims) can and should be professionally managed.  View this process as a piece of project (execution) planning [link].  This post outlines elements of a Construction Claims Management Plan.  Further, it addresses elements of defining a Claim Strategy.  Stakeholders include Owners, Prime Contractors and Subcontractors.  Do not miss this post.

Current Project Professionals Posts (Part 3) – Claims are organized into four general categories.  These categories are consistent with the frequency of occurrence, methods of management and other key managerial considerations.  The categories are

  • Scope of Work, Changed Work or Variations
  • Delay and Acceleration, Time-Related
  • Disruption / Productivity (usually labor/labour)
  • Terms and Conditions.

Pricing Construction Claims (Part 4) – This post addresses the…  Think you know how to price your (or other’s) claims?   Andrew (Andy) Ness, 2012-13 Chair, ABA Forum on the Construction Industry probably disagrees with your answer.  Read this post and consider Andy’s position as well as other considerations regarding claim pricing/damages.  The content of the recent ABA book on the subject is covered.

Pricing Construction Claims (continued) (Part 5) – Are construction claims and disputes “all about the money?”  Some believe this to be the case.  This post (Part 5) expands on Part 4 by addressing pricing and citing additional references.

Scope of Work – Baseline (Part 6) – It is widely believed and accepted that Scope of Work and/or Changed Work is the single largest source of claims and disputes in engineering and construction (as well as many other contracted services).  In order to establish departures from the baseline scope of work, you must be able to define the applicable baseline.  This post cites various sources for baseline definition,

Scope of Work Plans and Specifications (Part 7) – Several industry sources (publications) are used to elaborate on execution and contracting strategies that rely on plans and specifications as a major component of scope or work definition.  This discussion includes typical contract documents and contract provisions wherein scope of work, services, supply and / or facilities is / are defined.  Suggestions for configuration and change management in the field are included.

Other Subject Series that are both relevant and popular include:

Going forward, we will post other features of CONSTRUCTION CLAIMS and DISPUTES.

My we wish you the best of luck and let us all attempt to confront and deal with these and other project management challenges.  It is crucial that recognition and anticipation of these issues occur during initiation and planning.  However, the recognition and management should continue through execution, controlling and closeout.

Please 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 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.

 

 

PROJECT PROFESSIONALS POSTING RESUMPTION

McLaughlin and McLaughlin [M&M] is pleased to announce that they will resume postings at their blog, Project Professionals.  Since mid-2013, M&M has been heavily involved with several large assignments [Construction claims regarding several power plant projects].  Now that workload permits, new blog postings will be offered.

M&M wishes to remind followers (new and ongoing) that there are many offerings at the Project Professional site.  They are organized by what we call Subject Series.

These Subject Series  are:

M&M will resume with additional posts in the Subject Series Construction Claims and Disputes.  This Subject Series focuses on methodologies, process, reference resources, techniques and other practical advice regarding the preparation, evaluating and managing construction claims and disputes.

We hope that you will find these existing and new posts informative and relevant.

We wish you the best of luck in this New Year.

 

Please 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 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.

PROJECT PLANNING (Part 4)

Summary of Posts

This summary update provides readers with an overview of prior posts regarding Project Planning and provides a baseline for future posts that will follow on a timely basis.

There are two applicable Subject Series.  One Subject Series, PROJECT MANAGEMENT CHALLENGES  was posted during June through September 2011.  Since that time, blog readership has increased very significantly.

The other Subject Series, PROJECT PLANNING  was started in late 2012.  This Subject Series is ongoing and new posts will occur in the upcoming weeks and months.  Readers are encouraged to subscribe to automatic update notification.

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

Ideally these Subject Series  provide a starting point to investigate best practice on many planning and execution features of project management. [Read more…]

PROJECT PLANNING – Managerial Challenges (Part 2)

Project Initiation

This post is the second in a series of discussions regarding managerial challenges in current project management situations.  In this series, we focus heavily on the managerial aspects of program / project management.  This post addresses the starting point or initiation of the project.  This is a crucial challenge.

In a recent consulting assignment, M&M encountered a highly respected client using a phrase that is something like “Building the right project in the right manner.”  While this is paraphrased, the notion is clear.  But, what could they mean “Building the right project…?”  Why would an organization devote time and investment money to building the wrong project?  The answer typically resides in the Project Initiation process.  Inadequate attention and alignment regarding such items as the project objectives and scope of work [also known as the Project Scope Statement] can lead to a misguided start (and sadly sometimes, finish) of the wrong project.  Project Initiation is the essential foundation.

[Read more…]

PROJECT PLANNING – Managerial Considerations (Part 1)

Introduction

After a long period [since March 2012] of inactivity, McLaughlin and McLaughlin is pleased to resume posting activity in this blog.  Project Professionals is intended to offer advice and tips regarding various aspects of Program and Project Management.  For a statement of blog Objectives and Goals, please follow this link.

During this inactive period, M&M has been performing two time-consuming assignments.  One is program management support work on large Canadian oil sands investment/expansion program.  The second is a construction claim on an international power plant project.

In considering the general topic of project planning, consider the following question.  Why do so many projects experience serious negative issues, if not failure, when project planning has been pursued?  Often the answer is that the plans are defective or ignored.  Alignment, implementation and updating are essential features.  Good quality plans must be developed and implemented.  Often, this is not the case.

[Continued] [Read more…]

PROJECT PROFESSIONALS POSTING RESUMPTION

McLaughlin and McLaughlin [M&M] is pleased to announce that they will resume postings at their blog, Project Professionals.  Since March 2012, M&M has been heavily involved with several large assignments [Canadian Oilsands program management support and construction claim regarding an international power plant project].  Now that workload permits, new blog postings will be offered.

M&M wishes to remind followers (new and ongoing) that there are many offerings at the Project Professional site.  They are organized by what we call Subject Series.

These Subject Series are:

  • Managing Risk of Delay [15 posts]
  • Contract Notice and Recognition [4 posts]
  • Productivity [18 posts]
  • Schedule Validation and Audits [3 posts]
  • Staffing Your Project Management Team [8 posts]
  • Project Management Challenges [11 posts]
  • Time Management – Schedule Specification Implementation [6 posts]
  • Ways of Working [1 post]

M&M will resume new posts with a Subject Series titled Success through Project Planning.  This Subject Series will focus on methodologies, process, sequencing, synchronization and other managerial considerations.

We hope that you will find these existing and new posts informative and relevant.

May we wish you the best of luck and let us all attempt to confront and deal with Project Management Challenges.  It is crucial that recognition and anticipation of these issues occur during initiation and planning.  However, the recognition and management should continue through execution, controlling and closeout.

Please 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 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.

PROJECT MANAGEMENT CHALLENGES– Subject Series Summary

Having recently addressed the AACE International Western Winter Workshop, I am heading for Canada on a new consulting engagement.  Likely, we will have some additional posts and details at a later time.  The press of business has reduced our recent posting activity.  Given this trend and  the large number of new visitors to this blog, we will repost some of the Subject Series Summaries.

This  McLaughlin & McLaughlins Project Professionals summary update provides readers with an overview of prior posts and provides a baseline for future posts that will follow on a timely basis.  This Subject Series, PROJECT MANAGEMENT CHALLENGES was posted during June through September 2011.  Since that time, blog readership has increased significantly.

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 Subject Series provides a starting point to investigate best practice on many planning and execution features of project management.

Introduction (Part 1) – This post is the first in a series of discussions regarding challenges being encountered in current project management.  This post introduces the topic and sets the framework for ongoing posts on individual challenges.  This series is intended to draw upon many sources within the project management discipline or profession.

Project Initiation (Part 2) – This post addresses the starting point or initiation of the project.  This is a crucial challenge.  The initiation process (getting started formally) requires two processes and deliverables/outputs (see PMBOK® and Kerzner).  Both processes are discussed.

Project Initiation Lessons Learned (Part 3) – This post addresses the starting point or initiation of the project.  The study of lessons learned creates relevance and importance in (sometimes) abstract concepts.  It answers queries regarding the practical side of the issue.  There is a famous quote out there that talks about those that refuse to study history.  It is suggested that you avoid reliving the mistakes experienced by others.

Project Planning Process (Part 4) – This post addresses the project planning process.  This is a crucial challenge and the importance of this process cannot be overstated.  A logical and often asked question is along the lines of “Why plan?” as it can be complicated, time-consuming and aggravating.  There are several key benefits to planning.  These benefits are discussed.

Project Management Plan (Part 5) – This post addresses the Project Management Plan [also known as Project Execution Plan, Project Plan and other titles].  The Project Management Plan can consist of several pages of information and direction or a bookshelf full of many volumes of documents.  These many volumes can have a hierarchical structure.  PMBOK® provides guidance regarding this deliverable/work product.  The Project Management Plan is also known as Project Execution Plan, Project Plan, and other similar titles.

Project Planning Issues (Part 6) – Planning the project properly, documenting the plan professionally and then implementing the plan successfully are likely the source of most project success and failure outcomes.  While project planning is one of the most fundamental skill sets in project management, the requisite processes and actions are not well developed or successfully implemented.

Project Planning Lessons Learned (Part 7) – Learning from the experiences of others is an effective method for skill set development.  Many organizations that use project management on an ongoing basis close out projects with a compilation of “lessons learned.”  These firms have found value in studying the issues that have emerged in the past.

Project Planning Lessons Learned STAKEHOLDER MANAGEMENT (Part 8) – This post continues the focus on issues in planning and problems that have their source or root cause in planning.  The subject is Stakeholder Management.  The use of team and stakeholder workshops can be an effective mechanism for aligning, selling and implementing the Project Management Plan.  Obtain an audience with all stakeholders.  Start with the Project Sponsor.  Sell the Project Management Plan in detail.

Project Planning Lessons Learned RESOURCE REQUIREMENTS (Part 9) – This post continues the focus on issues in planning and problems that have their source or root cause in planning.  The subject is Resource Requirements.  In this regard, the post will focus on human resources or staffing. [Read more…]

STAFFING YOUR PROJECT MANAGEMENT TEAM (Part 4) – Acquiring People from the Market

This McLaughlin & McLaughlins Project Professionals post is the fourth in a series of discussions regarding current challenges with the staffing aspects of your project management team.  The focus is on the managerial aspects of human resource planning and acquisition.  This post (like Part 3, our last post) addresses acquiring the human resources (people) or staffing.  While the planning may be the most important activity or action in the process, the challenge ultimately is obtaining the people to implement your intended execution strategy.

There are many acquisition strategies.  These acquisition strategies differ for various market conditions, organizational situations, project needs and other project variables.  Markets that are very active/hot [oil and gas, mining, natural resources, etc.] present unique challenges.  Skill-sets that are in high demand [project controls, planning, scheduling, technical, etc.] present further unique challenges.  The project Human Resource Plan must address these unique challenges.  Further, the project plan and schedule must allow the time to complete the acquisition process as well as the requisite training/indoctrination.  Finally, the project budget must realistically provide for the cost of these resources (often expensive non-employee persons) as well as the acquisition costs (e.g. recruiters).  If this planning is not in place, do not launch into project execution.

Please Remember Teams of people [not machines and not software] build projects. Consequently, if you cannot acquire the requisite staffing, you are not prepared to execute the project [at least as planned].

Please Remember This is a team, not a group of individuals.  Have you noticed that so many sports teams with superstars rarely win championships?  Further, have you noticed that championship teams have few, if any, superstars?  It is the project team, not the individual that must be staffed and developed.  As they say, there is no “I” in team. [Read more…]

STAFFING YOUR PROJECT MANAGEMENT TEAM (Part 3) – Acquiring People

This post is the third in McLaughlin & McLaughlins Project Professionals series of discussions regarding current challenges being encountered in today’s efforts/environment associated with the human resource aspects of your project management team.  More specifically, we have titled the series STAFFING YOUR PROJECT MANAGEMENT TEAM, and we intend to focus heavily on the managerial aspects of human resource planning and acquisition.  This post focuses on acquiring the human resources (people) or staffing.  While the planning may be the most important activity or action in the process, the challenge ultimately is obtaining the people to implement your intended execution strategy.  There are many acquisition strategies.  These acquisition strategies differ for various market conditions, organizational situations, project needs and other project variables.

Please RememberTeams of people [not machines and not software] build projects.  Consequently, if you cannot acquire the requisite staffing, you are not prepared to execute the project [at least as planned].

Please Remember –This is a team, not a group of individuals.  Have you noticed that so many sports teams with superstars rarely win championships?  Further, have you noticed that championship teams have few, if any, superstars?  It is the project team, not the individual that must be staffed and developed.

In order to present this topic in a logical manner and with an industry-recognized lexicon, we are using the PMI Project Management Processes for a Project as presented in A Guide to the Project Management Body of Knowledge (PMBOK® Guide).

Sources that are used in this post are: