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Construction Schedule Forensics, Complexity, and Lawsuits

    Home Construction Project Management Construction Schedule Forensics, Complexity, and Lawsuits
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    Construction Schedule Forensics, Complexity, and Lawsuits

    By MikeHelly | Construction Project Management | 0 comment | 15 August, 2024 | 0

    Anyone who has been working in the commercial construction industry for 20 years knows that overall project schedules are scrutinized much more than they were 10 or 15 years ago.  Construction scheduling is now, in fact, a science.

    Certain aspects of scheduling can help a project get completed faster, but scheduling software or theories do not directly increase crew sizes, overcome mistakes, or work miracles.

    To better demonstrate, one just needs to review a course which a university has just started offering.  It is called “Forensic Schedule (Delay) Analysis”, and the successful student will receive a Professional Diploma.

    This is a 6-month course, and the cost is $2,600.  Not insignificant, for time or for dollars.

    The modules consist of:

    • Schedules and Primavera P6
    • Schedule Analysis and Protocols
    • Delay Events
    • Determination

    This course (and the diploma) develops the learner’s knowledge and skills in Delay Analysis Techniques to resolve a construction delay claim.  I suppose the other benefit is to try to proactively improve a project schedule, but much of this course is looking exactly at the specific reasons for a delay, and who is at fault, and what level of compensation or penalty should be involved.

    In today’s world- at least in the USA- construction delay claims and associated liquidated damages are quite common.  I would say they are too common.  Subcontractors are at considerable risk, as they are looked at to accomplish the project but they do not have the authority to manage or affect other trades or unrelated suppliers.  Careful review of contracts is of course extremely important.  Having a solid relationship with the General Contractor/ Construction Manager is equally important.

    It is a perfect storm really, for more and more construction delay claims- due to:

    • Projects, details, and interfaces (and building science) getting more complex
    • Constricted schedules are the norm, and have been for a while.  A building that would take 14 months to build twelve years ago must now be finished in 10-11 months.  Owners and the lenders are expecting and requiring this.
    • Skilled labor is drastically short of the needed manpower; this has been a concern for many years and this problem is not going away anytime soon.
    • Experienced project managers and site superintendents are retiring… the “old guard” is leaving and less-experienced managers often are not as efficient or aware, yet.  Everything takes time to master- but in the interim this is a valid concern.

    Given all of that, it is no wonder that we have available courses for us to take, on Construction Delay Claims.   We might be able to better blame people and companies, but will we be able to complete projects quicker?  

    More lawsuits may not correlate to faster-moving projects.  It could actually have the opposite effect, as financial damages can and do force some contractors (and others) out of business.  Reducing the pool of possible labor or service providers.

    I would love to hear some opinions and comments from some of the professional schedulers out there, on their recent experiences.

    Written by Ken Lambert, CSI, CSL

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