Construction Delay Claims

Construction Delay Claims

I prepare time-impact-analysis (TIA)  for construction delay claims.  As part of construction delay claims, I work hand in hand with your team to facilitate and implement methods of accountability and record-keeping that are essential to the claim process, as well as best practices in mitigating future risks that I have learned from my years as a project manager and general contractor. Read on below to learn specifics of how I brought goal-oriented smarts to empower and facilitate the entire claim process.

How common are construction delay claims? In a 2017 McGraw Hill survey, three quarters (75%) of those who participated in the study experienced a claim or dispute in the last five years, including 83% of the GC respondents. (Dodge Data Analytics, 2017). Despite their frequency, the percentage of those who made construction delay claims is small.

The US Court of claims has defined requirements for a contractor to recover delays using the critical path method: the Court relied upon a number of cases – including Kinetic Builders, Inc. v. Peters, Essex Electro, and Sauer Inc. v. Danzig, Wilner, G.M. Shupe, Inc. v. U.S. and PCL Constr. Servs., Inc. v. U.S. to make the point that to recover compensable delay the contractor must demonstrate that the government’s actions impacted the critical path of the project schedule. In this regard, the Court reached back to Haney v. U.S. for the definition of the term “critical path” as set forth by the U.S. Court of Claims:

“Essentially, the critical path method is an efficient way of organizing and scheduling a complex project which consists of numerous interrelated separate small projects. Each subproject is identified and classified as to the duration and precedence of the work … The data is then analyzed, usually by computer, to determine the most efficient schedule for the entire project. Many subprojects may be performed at any time within a given period. However, some items of work are given no leeway and must be performed on schedule; otherwise, the entire project will be delayed. These latter items of work are on the ‘critical path.’ A delay, or acceleration, of work along the critical path will affect the entire project.” (James G. Zack, Sgarlata, & Guarino)

For my calculations, I utilize Deltek Acumen Fuse for modeling and comparing various schedule updates and revisions. Fuse maintains a record of some 250 metrics for every activity in the schedule, as well as a complete historical perspective. Fuse is used by DOD, GAO, NASA, and is widely used in the gas and petrochemical industry. As such, there is no claim too large or complex for its forensic and analysis modeling.

With our cloud-based software as a nice addition to all other services, we offer, each of our clients gets their very own, secure portal, meaning that absolutely any client of ours can easily access all the information that you need about your business, on any device. We will make sure that you get an online, real-time stream of data on your cash flow and business performance, 24/7, from anywhere on the globe!