Construction Schedules: Analysis, Evaluation, and Interpretation of Schedules in Litigation and Dispute Resolution - Fifth Edition - 2023 Supplement
This is the supplement to Construction Schedules: Analysis, Evaluation and Interpretation of Schedules in Litigation and Dispute Resolution, Fifth Edition. It is included free with the purchase of the fifth edition.
The 2023 cumulative supplement is (included FREE WITH THE PURCHASE OF THE FIFTH EDITION) or (included and available for instant download with your arblaw subscription).
Juris Publishing is pleased to present the 2023 supplement to Construction Schedules, Analysis, Evaluation and Interpretation of Schedules in Litigation and Dispute Resolution, Fifth Edition, a comprehensive source for planning a claim presentation or defense. This publication is an eminently practical reference source providing both case reviews and citations. The 2023 cumulative supplement includes updates to chapters 3, 5 and 7 including the following:
• Chapter 3
A fragnet modeling a project delay and inserted in a monthly update may be included in a contract's requirements for notice of a delay claim.
The notice procedure required by the contract was enforced in Boldt Co. v. Black & Veatch Construction, Inc., even though the owner was aware of the delays.
The length of a delay itself does not support a delay claim or breach of contract claims. A successful delay claim uses a project schedule to measure the length and responsibility for a delay. The length or fact of delay itself is not sufficient without a measurement and proof of liability for the measured delay.
• Chapter 5
According to the court, the contractor's challenge to a delay expert was an attempt to “repackage its anticipated cross-examination of the expert” as a Daubert motion.
The issue of concurrent delays must be proved with a detailed schedule analysis.
• Chapter 7
Whether intended or not, many contract notice and schedule provisions act not only as a detailed road map for protecting both owner and contractor, but also as an impediment, discouraging time extensions and delay claims.
Whether the failure to complete at the scheduled dates is a material breach is important. A material breach of contract imposes significant liability. A technical breach that is not “material” does not. The failure to timely complete is generally considered material if the agreement includes a “time is of the essence clause.”
PDF OF TITLE PAGE AND T.O.C.
2023 FIFTH EDITION SUPPLEMENT CONTENTS
Chapter 2 Project Scheduling Techniques
§ 2-1 Project Scheduling Overview
§ 2-7(c) Choosing to Use Pull Planning
Chapter 3 The Law and Construction Schedules
§ 3-1(a)(1) Defining CPM
§ 3-4 The CPM/PDM Consultant
§ 3-5(c) Contract Completion Date Only Real Commitment
§ 3-9(b)(2) Owner’s Failure to Schedule or Coordinate
§ 3-9(d) Subcontractor Schedule at the General Contractor’s Direction
§ 3-10(a) The Law’s View of Updates
§ 3-10(b)(1) Shadow Schedules
§ 3-12 The Schedule as Notice
§ 3-13(a) Termination for Failure to Complete
§ 3-13(b) Termination for Failure to Make Progress
§ 3-13(c) Importance of a Schedule Analysis to Evaluate Failure to Progress Claims
§ 3-13(d) Opportunity to Cure before Termination for Failure to Progress
§ 3-13(e) Waiving the Right to Terminate
§ 3-14 Recovery Schedules
Chapter 5 Using the Schedule to Prove Time
§ 5-1 Introductory Thoughts
§ 5-1(a) A Poor Network Analysis May Be Persuasive
§ 5-2 Schedule Status and Approval
§ 5-3(a)(1) The Contemporaneous Method Explained
§ 5-3(a)(2) Contemporaneous Method without Contemporaneous Updates: The Time Impact Analysis
§ 5-3(f) Concurrent Delay
Chapter 6 The Status of Network Schedules
§ 6-3(d) The Schedule as Testimony to Be Confronted
§ 6-3(e) The Schedule as Expert Testimony
Chapter 7 Contract Scheduling Requirements
§ 7-1(a)(2) The ConsensusDOCS 300 Standard Form
§ 7-1(a)(3) The American Institute of Architects Standard Form A201-2007, General Conditions of the Contract for Construction
§ 7-1(a)(6)(d) Military United Facilities Guide
§ 7-1(b)(2) Time of Performance
§ 7-1(b)(4) To Demonstrate Delay
§ 7-2(a) The Consensus DOCS 750 2007 Standard Form Agreement between Contractor and Subcontractor
§ 7-2(b) A Typical Subcontract Agreement between Contractor and Subcontractor
§ 7-3 Recommended Owner Schedule-Related Clauses
§ 7-5 Design-Build Schedule Clauses
Michael T. Callahan is President of CCL Construction Consultants, Inc. He maintains an active international consulting practice in the measurement and responsibility of delay, along with the quantification of additional performance costs and other construction and design-related matters. He earned a B.A. from the University of Kansas and both a J.D. and L.L.M. from the University of Missouri-Kansas City. Mr. Callahan has written or edited Termination of Construction and Design Contracts; Procurement of Design and Construction Contracts; Construction Change Order Claims—2nd Edition; and, is the co-author of Construction Delays Claim. He also prepares a monthly newsletter summarizing current design and construction case decisions for Construction Law Digest. Mr. Callahan was an adjunct professor at the University of Kansas and has lectured throughout the United States, Europe, the Middle East and Far East on design and construction-related topics. He is a member of the Kansas, New Jersey, and Missouri bars by examination. Mr. Callahan is also a frequent arbitrator, negotiator, mediator, and a regional advisor to the American Arbitration Association.
H. Murray Hohns, PE, Fellow ASCE, was a Construction Consultant, Mediator and Arbitrator in private practice. He began to work out of Honolulu in 1987 and his specialty was construction delay, those responsible, and its consequences. Mr. Hohns founded Wagner-Hohns-Inglis-Inc. in 1965 and built it into one of the country’s 250 largest Consulting Engineers. He had two degrees in Civil Engineering and an MA in theology. He wrote or contributed to eight books on dispute resolution, worked on projects in all 50 states and overseas, and managed major construction projects for their owners. Mr. Hohns also wrote a monthly expert commentary for a compilation of reported construction cases for over seven years. He was former President of the Project Management Institute, the National Academy of Forensic Engineers, a member of the Board of Directors for the American Arbitration Association and a thirteen-year member of the national investment committee for a major religious denomination.
Michael T. Callahan is President of CCL Construction Consultants, Inc. He maintains an active international consulting practice in the measurement and responsibility of delay, along with the quantification of additional performance costs and other construction and design-related matters. He earned a B.A. from the University of Kansas and both a J.D. and L.L.M. from the University of Missouri-Kansas City. Mr. Callahan has written or edited Termination of Construction and Design Contracts; Procurement of Design and Construction Contracts; Construction Change Order Claims—2nd Edition; and, is the co-author of Construction Delays Claim. He also prepares a monthly newsletter summarizing current design and construction case decisions for Construction Law Digest. Mr. Callahan was an adjunct professor at the University of Kansas and has lectured throughout the United States, Europe, the Middle East and Far East on design and construction-related topics. He is a member of the Kansas, New Jersey, and Missouri bars by examination. Mr. Callahan is also a frequent arbitrator, negotiator, mediator, and a regional advisor to the American Arbitration Association.
H. Murray Hohns, PE, Fellow ASCE, was a Construction Consultant, Mediator and Arbitrator in private practice. He began to work out of Honolulu in 1987 and his specialty was construction delay, those responsible, and its consequences. Mr. Hohns founded Wagner-Hohns-Inglis-Inc. in 1965 and built it into one of the country’s 250 largest Consulting Engineers. He had two degrees in Civil Engineering and an MA in theology. He wrote or contributed to eight books on dispute resolution, worked on projects in all 50 states and overseas, and managed major construction projects for their owners. Mr. Hohns also wrote a monthly expert commentary for a compilation of reported construction cases for over seven years. He was former President of the Project Management Institute, the National Academy of Forensic Engineers, a member of the Board of Directors for the American Arbitration Association and a thirteen-year member of the national investment committee for a major religious denomination.
PDF OF TITLE PAGE AND T.O.C.
2023 FIFTH EDITION SUPPLEMENT CONTENTS
Chapter 2 Project Scheduling Techniques
§ 2-1 Project Scheduling Overview
§ 2-7(c) Choosing to Use Pull Planning
Chapter 3 The Law and Construction Schedules
§ 3-1(a)(1) Defining CPM
§ 3-4 The CPM/PDM Consultant
§ 3-5(c) Contract Completion Date Only Real Commitment
§ 3-9(b)(2) Owner’s Failure to Schedule or Coordinate
§ 3-9(d) Subcontractor Schedule at the General Contractor’s Direction
§ 3-10(a) The Law’s View of Updates
§ 3-10(b)(1) Shadow Schedules
§ 3-12 The Schedule as Notice
§ 3-13(a) Termination for Failure to Complete
§ 3-13(b) Termination for Failure to Make Progress
§ 3-13(c) Importance of a Schedule Analysis to Evaluate Failure to Progress Claims
§ 3-13(d) Opportunity to Cure before Termination for Failure to Progress
§ 3-13(e) Waiving the Right to Terminate
§ 3-14 Recovery Schedules
Chapter 5 Using the Schedule to Prove Time
§ 5-1 Introductory Thoughts
§ 5-1(a) A Poor Network Analysis May Be Persuasive
§ 5-2 Schedule Status and Approval
§ 5-3(a)(1) The Contemporaneous Method Explained
§ 5-3(a)(2) Contemporaneous Method without Contemporaneous Updates: The Time Impact Analysis
§ 5-3(f) Concurrent Delay
Chapter 6 The Status of Network Schedules
§ 6-3(d) The Schedule as Testimony to Be Confronted
§ 6-3(e) The Schedule as Expert Testimony
Chapter 7 Contract Scheduling Requirements
§ 7-1(a)(2) The ConsensusDOCS 300 Standard Form
§ 7-1(a)(3) The American Institute of Architects Standard Form A201-2007, General Conditions of the Contract for Construction
§ 7-1(a)(6)(d) Military United Facilities Guide
§ 7-1(b)(2) Time of Performance
§ 7-1(b)(4) To Demonstrate Delay
§ 7-2(a) The Consensus DOCS 750 2007 Standard Form Agreement between Contractor and Subcontractor
§ 7-2(b) A Typical Subcontract Agreement between Contractor and Subcontractor
§ 7-3 Recommended Owner Schedule-Related Clauses
§ 7-5 Design-Build Schedule Clauses