Change Orders

CONSTRUCTION CLAIMS and DISPUTES – (Part 9) Why Scope of Work?

July 3, 2014 By George T McLaughlin PMP CCM

Why Scope of Work?

This McLaughlin and McLaughlin (M&M) post is the ninth in a Subject Series Construction Claims and Disputes.

Scope of Work is (or should be) the basis for most claims and disputes. As we previously discussed, claims and disputes regarding scope of work are a widespread problem and represent the most common issue. Perhaps 75 to 90% of all engineering and construction claims and disputes involve contract scope of work. But the issue goes further. Scope of work influences and is a foundation for delay, acceleration, disruption, payment and many other types of disputes. Consequently, virtually all claims (should) start with scope of work.

Scope of work is a huge factor in capital investments. In the engineering and construction market, investments total in the hundreds of billions of dollars (USD). These investments are increasing, particularly in areas such as the US Gulf Coast. Typical budgets for changed work are targeted for 10% which makes this market of tens of billions of dollars (USD). However, this is merely the budget, not the reality.

Most of these investments involve contracting for goods and services. Each of these transactions must consider scope of work (services, facilities, supply) as primary to the transaction. Consequently, each transaction has risk of claims and disputes regarding the related scope of work. Stakeholders include: owners, prime contractors, subcontractors, engineers, architects, lawyers, consultants, investors, lenders, sureties, governments and others.

Recognition, entitlement, pricing and proving (if necessary) claims for additional compensation related to scope of work is a huge challenge with large amounts of money at risk. Largely, this is not legal work. However, it requires expertise. If the project team lacks this expertise, a subject matter expert (SME) is needed. The SME must possess the expertise in recognition, entitlement, pricing, evidence and related impacts to the project’s performance (time, cost, and other considerations).

CONSTRUCTION CLAIMS and DISPUTES – (Part 8)

January 27, 2014 By George T McLaughlin PMP CCM

Scope of Work – Impacts

This McLaughlin and McLaughlin (M&M) Project Professionals post is the eighth in a Subject Series Construction Claims and Disputes.

Recent posts (Parts 6, 7) address scope of work within the overall subject of Construction Claims and Disputes. Claims and disputes regarding scope of work are a widespread problem and represent the most common issue. Perhaps 75 to 90% of all engineering and construction claims and disputes involve contract scope of work. However, this is not confined to engineering and construction.

Direct compensation for a scope of work change may merely be the proverbial “tip of the iceberg.” What about the rest of the story? Is the contractor missing many other costs or schedule impacts? Often, this is the case. This issue may be broader that an added piece of equipment, redesign to avoid a conflict or similar events.

Scope of work disputes are building blocks to other claim elements in the dispute.

Delay – Changes can add work to the project critical path. If so, this would cause the forecasted project completion date to be extended (potentially later than planned).
Progress – Changed work adds to the overall project work content, thereby changing the progress measurement and reporting (Earned Value).
Disruption / Productivity – Changed work impacts field labor productivity, a major risk to contractors.
Overheads / Indirects – Changed work may add requirements for additional construction support, supervision, insurance and other indirects.
Terms and Conditions – The cost of bonding, insurance, warranties, guarantees, and many others can be impacted by changed work.
Profit / Fee – proper compensation in this area can be challenging.

The majority of the discussion will address entitlement to recovery (rather than pricing or quantum). For pricing (or quantum), please see McLaughlin & McLaughlin’s Project Professionals Construction Claims and Disputes Part 4 and Part 5. [Read more…]

Filed Under: Claims, Featured, General, Productivity, Project Planning, Projects Tagged With: Change Orders, Construction claims and disputes, construction claims damages, Construction Claims Management, Construction Claims Management Plan, construction claims pricing, Construction Claims Quantum, Delay, Disruption, Disruption/Productivity Impacts, Field work orders, George T. McLaughlin PMP, McLaughlin & McLaughlin, Plans and Specifications, Scope of Work Claims, Time Impacts, www.mclaughlinandmclaughlin.com

CONSTRUCTION CLAIMS and DISPUTES – (Part 7)

August 6, 2013 By George T McLaughlin PMP CCM

Scope of Work – Plans and Specifications

This McLaughlin and McLaughlin (M&M) post is the seventh in a Subject Series Construction Claims and Disputes. This Subject Series contains discussions regarding construction claims and disputes.

Recent and subsequent posts (Parts 6, 7 and the next few) (will) address scope of work within the overall subject of Construction Claims and Disputes. Disputes and claims regarding scope of work are a highly pervasive problem and represent the most common type of claim or dispute. Perhaps 75 to 90% of all engineering and construction claims and disputes involve contract scope of work.

Virtually all disputes and claims arise as a result of departures from the baseline. These variances (cost, time or other) create the dispute. Therefore, understanding the baseline is essential. In construction claims and disputes, the baseline is (almost) always the contract. The contract is the “deal” or the agreement between the parties. While it must meet several legal tests, the contract is the baseline that will be the focus of this discussion. You must have, know and understand the contract, or at least all portions and provisions that relate to scope of work.

In this discussion, the plans and specifications are the scope of work baseline. Typically, the plans and specifications are augmented by other contract documents (such as terms and conditions, site services, execution plan documents and others). Using the term “design specifications,” let us view these documents as “…the specific requirements for constructing, testing, inspecting, and the materials provided for the project” (Brams and Lerner).

The majority of the discussion will address entitlement to recovery (rather than pricing or quantum). [Read more…]

Filed Under: Claims, Featured, General, Projects Tagged With: Change Orders, Construction Claims, Construction claims and disputes, construction claims damages, Construction Claims Management, Construction Claims Management Plan, construction claims pricing, Construction Claims Quantum, Construction Contract Claims, Field work orders, George T. McLaughlin PMP, McLaughlin & McLaughlin, Plans and Specifications, Scope of Work Claims, www.mclaughlinandmclaughlin.com

Construction Field Labor Productivity Improvement – Plan the Work Well

April 22, 2011 By Richard S Troell

This is the sixth post regarding productivity in engineering and construction projects. To review an index and links to the entire series, please visit Subject Series page in this blog. This post discusses planning the work and the related impact on construction field labor productivity.

Any discussion of construction field labor (worker) productivity must, of necessity, eventually involve the idea of planning the work. Virtually every major project employs the expertise of several planners and schedulers to work the Primavera® scheduling program or some other comparable software. Great effort is placed on getting just the right schedule assembled and in place – with the right number of activities and leveled manpower, etc. However, all too often the schedule has been constructed in a near vacuum with little or no input or review from those who have to make it work in the field. [Read more…]

Filed Under: Productivity, Projects Tagged With: Change Order Impact, Change Orders, Changed Work, Claim Recognition, Construction Contract Claims, Construction Disputes, Construction Field Labor Productivity, Dispute Resolution, Disruption, Field Labor Productivity, Impact, Labor Disruption, Labor Productivity, Productivity, Productivity Loss

Managing Risk Of Delay – Earned Value Management (Part 5)

April 16, 2011 By George T McLaughlin PMP CCM

This post is the fifth in a series of discussions regarding various aspects of time management. 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 preparation and maintenance of time management related to overall bulk progress. Some might refer to this as 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. Owner/Employer delays can be masked among the myriad of activities that are the responsibility of other (than the Owner/Employer) stakeholders. Even when detected or disclosed, these variances to plan are often dismissed as simply consuming available float. Hence, the Owner/Employer (or other stakeholder) may rationalize these variations as having no impact. Of course, the reality is that these sorts of departures may (or may not) add risk or disruption to the project execution. Further, they may delay forecasted completion. The managerial challenge becomes detection, assessment and quantification (should it be appropriate to compensate the contractor for the impacts). [Read more…]

Filed Under: Projects Tagged With: AACE International, Accepted Programme, As-Planned Schedule, Change Order Impact, Change Orders, Changed Work, Construction Contract Delay, Construction Contract Notice, Construction Contract Planning and Scheduling, Construction Disputes, Contract Change, Delay, Disruption, Field Labor Productivity, Impact, Impact Factors, Large and Complex Projects, Productivity, Project Execution Plan, Project Execution Planning, Time Management, Time Management Strategy

Productivity Calculations – Change Order / Variation Impact (Introduction – UK and related venues)

January 27, 2011 By George T McLaughlin PMP CCM

Often, productivity losses are associated with changed work or variations. Dealing with the calculation of proper compensation for this loss can be particularly challenging. Key industry resources or authorities may be helpful as a starting point. Beyond the industry resources, skilled analytical work may be needed. [Read more…]

Filed Under: Claims, Productivity Tagged With: AACE International, Change Order Impact, Change Orders, Changed Work, Impact Factors, Pickavance, Productivity, Productivity Loss, Society of Construction Law, Variations, William Schwartzkopf

Productivity Calculations – Change Order / Variation Impact (Introduction – United States and Canada)

January 24, 2011 By George T McLaughlin PMP CCM