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A customized program for construction owners (public and private) contractors and legal counsel.

Just as a chain is only as strong as its weakest link, a construction business will only be as successful as its ability to handle its problems. And few industries are as vulnerable as the construction business to the problems posed by time.

The complexity of projects, complicated schedules, and hair-splitting coordination all contribute to the necessity for this attention to time. And when deviations in construction schedules occur as they invariably do for a variety of reasons, ominous shadows can emerge from behind the clock: delay, acceleration and cumulative impact claims.

How claims are handled will dictate their ultimate impact on the fortunes of owners, lenders, contractors, subcontractors and sureties. Effectively dealing with them, however, is a difficult task, requiring a concise understanding of the law, of each party's contractual rights, of the construction process and of claims presentation and defense techniques. Providing just such information is the purpose of this special course: Construction Delay, Acceleration and Inefficiency Claims.

As in any claim, it is not simply a matter of developing a list of changes and work disruptions. The contractor must show how the changes caused the greater impact and disruption. Problems of proof and quantification are formidable ones.

This course is designed to educate and guide those involved in schedule, performance, and efficiency-related claims. It is a concise analysis of the entire process. The course has been distilled into two highly concentrated days of work. The balance of the brochure spells it out; an exceptional faculty, special case situations, the detailed course curriculum and the course reference manual.

Dates and Locations
November 7-8, 2017
Waterview Conference Center at CEB
Arlington, VA
$1275
REGISTER
DAILY SCHEDULE
9:00 AM - 4:00 PM

Construction Delay, Acceleration, and Inefficiency Claims Course Curriculum

  1. INTRODUCTION TO SCOPE/OBJECTIVES OF COURSE
  2. DELAY
    1. Introduction
    2. Current Scheduling Methods
      1. Bar Charts
      2. Critical Path Methods:
        I-J Methods
        Precedence Diagramming Method
      3. Progress Curves
      4. Production Curves
    3. The Construction Contract, Risk Management, Risk Allocation & the Legal Aspect of Scheduling
      1. Owner Considerations
      2. General Contractor Considerations
      3. Subcontractor Considerations
      4. Designer/Design Builder Considerations
      5. Contractual Risk Shifting Provisions
        1. No-Damages-for-Delay
        2. Liquidated Damages
        3. Allocation of Float
        4. Suspension of Work Clause
        5. Differing Site Conditions
        6. Coordination of Work Provisions
      6. Implied Risk Shifting Provisions
        1. Duty Not to Hinder, Delay or Interfere with Contractor's Performance
        2. Duty to Cooperate
        3. Duty to Good Faith & Fair Dealing
        4. Duty to Provide Site Access
        5. Duty to Review Submittals
    4. Types of Construction Delays
      1. Excusable v. Nonexcusable Delays
        1. Acts of God
        2. Terrorism
        3. Government Acts
        4. Weather
        5. Labor Strikes
        6. Labor Supply
        7. Financial Difficulties
        8. Subcontractor/Supplier Days
      2. Compensable v. Noncompensable Delays
      3. Critical v. Non-critical Path Delays
      4. Concurrent Delays and Non-concurrent Delays
      5. Pacing Delays
    5. Types of Delay Damages
      1. Extended Field Office Overhead
        1. Labor Costs
        2. Equipment Costs
        3. Material Costs
        4. Bonding Costs
        5. Subcontractor Costs
        6. Summary Example
      2. Extended Home Office Overhead
        1. Theory of "Unabsorbed Overhead" ( i.e. extended Home Office Overhead)
          Damages
        2. Effects of Delays on Home Office Overhead Costs
    6. Standards of Proof for Delay Claims
      1. Proper Baseline as a Starting Point for Analysis of Project Delays
      2. Properly Maintained Schedule Updates
      3. Accurate As-Built Schedule Information
      4. Pure Delay v. Delay Resulting from Disruption/Loss of Productivity
      5. Cause & Effect Relationship to Events/Actions/Decisions
      6. Impact to the Critical Path/Changes in the Critical Path
      7. Concurrent and Non-concurrent Delays
    7. Methodology of Analyzing Delays
      1. Application of CPM Scheduling Techniques to Delay Claims
        1. Total Time
        2. Impacted As-Planned
        3. But-for/Collapsed As-Built
        4. Cumulative/Time Impact
        5. Window Analysis
        6. As-Planned v. As-Built
      2. Application of non-CPM Scheduling Techniques to Delay Claims
        1. Rate of Progress
        2. Production Rate Analysis
    8. Calculating Contractor's Damages for Delay
      1. Extended General Conditions
        1. Forward Pricing
        2. Calculation Based on Actual Records
        3. Total Cost Method
        4. Jury Verdict
      2. Extended Home Office Overhead
        1. Is the Eichleay Formula still a Viable Option? Other Options
        2. Calculations Based on Actual Records
    9. Calculating Owner's Damages for Delay
      1. Scope of Recoverable damages
      2. Liquidated v. Actual Damages
      3. Actual Damages for Delay
        1. Lost Profits
        2. Loss of Use
        3. Increased Financing
        4. Extended Maintenance & Operations Expenses
        5. Special Damages
        6. Attorney's Fees
        7. Interest
  3. ACCELERATION
    1. Basics of Acceleration
      1. The Theory behind Acceleration Claims
        1. Acceleration vs. Expedited Performance
        2. Relationship between Acceleration and Delay
      2. Contract Considerations
        1. Changes Clause
        2. Time & Performance of the Work Clauses
    2. Voluntary and Directed Acceleration
    3. Constructive Acceleration
      1. Contractor's Excusable Delay
      2. Notice to Owner of Delay
      3. Owner Denial of Time Extension
      4. Owner Acceleration Order Requests
      5. Reservation of Rights
    4. Proving Acceleration Claims
      1. Explicit or Implicit Orders to Accelerate
      2. Excusable Delays vs. Non-excusable Delays
      3. Notice Requirements
      4. Demonstration of Acceleration using Schedules
      5. Acceleration Costs Records
    5. Proving Damages
      1. Types of Damages
      2. Coordination with Other Damages Calculations (e.g. Delay, Inefficiency)
      3. Methods of Calculating
  4. INEFFICIENCY
    1. Introduction
    2. Defining and Measuring Inefficiency; Lost Productivity; Disruption
      1. Defining Productivity; Lost Productivity; Other Relevant Terms
      2. Measuring Planned vs. Actual Productivity
      3. Direct Impact Claims
      4. Indirect or Cumulative Impact Claims
    3. Distinguishing between Claims for Delay, Acceleration & Disruption
    4. Identifying Causes of Inefficiency
      1. Adverse Weather
      2. Out-of-Sequence Work
      3. Crowding and Stacking of Trades
      4. Overtime
      5. Restricted Site Access
      6. Inefficiency Caused by Manpower Shortages or Additional Shifts
      7. Change Order
    5. The Legal Bases for Recovery
      1. Recovery under the Contract
        1. Changes Clause
        2. Suspension of Work Clause
        3. Differing Site Conditions Clause
        4. Coordination Clauses
        5. Compliance with Notice Provisions
      2. Recovery under Common Law Contract and Equitable Principles
        1. Breach of Implied Duty to Cooperate
        2. Cardinal Change - Federal Government Contracts Law
        3. Abandonment - State Law
        4. Constructive Change
      3. Proving and Pricing Inefficiency and Impact Claims
        1. Liability
        2. Proving Damages with Expert Testimony
          (1) Discrete Pricing
          (2) Total Cost Method
          (3) Modified Total Cost
          (4) Measured Mile Approch
          (5) Jury Verdict Method
          (6) Industry Studies
          (a) Use of MCAA Factors
          (b) The Modification Evaluation Impact Guide
          (c) The Leonard Study
          (d) Construction Industry Institute Study
        3. Demonstrating Causation (i.e. Cause and Effect)
        4. Waiver & Reservation of Rights to Claim Cumulative Impact Costs

COURSE FACULTY

Robert M. D’Onofrio, P.E. is a Principal at Capital Project Management, Inc. in Blue Bell, PA. With a prior firm, he spent five years on-site on the World Trade Center construction in New York City, where his responsibilities included review of schedule delay and disruption claims on behalf of the owner.  Mr. D’Onofrio has evaluated over $4 billion in claims on construction projects. He is the co-author of the 800-page treatise Construction Schedule Delays published by Thomson Reuters in 2014 and updated annually. Mr. D’Onofrio is a faculty member for Federal Publications Seminars, where he teaches courses on schedule delay analysis and loss of productivity, and has over 15 publications and over 50 lectures on construction topics. He chairs the American Society of Civil Engineers’ (ASCE’s) and American National Standards Institute’s (ANSI’s) Schedule Delay Analysis industry standard committee, is on the Board of Governors of the ASCE Construction Institute, an editorial board member of ASCE’s Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, and a board member of the Project Management College of Scheduling. Mr. D’Onofrio is a licensed professional engineer in New York, Pennsylvania, and Florida. He holds a B.S. in Civil Engineering from Cornell University, and an M.Eng. in Civil Engineering from Cornell University.

Richard Martone is a Managing Director with PMA Consultants LLC, a program and project management consulting firm founded in 1971.  He currently leads PMA’s National Claims practice.  He holds a BSME from Tulane University and an MBA from the University of Houston.  He has been a frequent speaker at various professional organizations including CMAA, BSCES, BSA and the Construction Superconference and has authored several papers on construction management.  Mr. Martone has provided construction management and dispute avoidance advice to some of the largest capital construction programs in the country include the Metropolitan Transportation Authority Capital Construction (MTACC) for its mega construction program, the Central Artery/Tunnel (CA/T) Project and the New Jersey Turnpike Authority.  He has testified in litigation and at various ADR forums including mediations and DRBs.

Jerry is a registered professional engineer in California and Florida and is a certified Project Management Professional (PMP, Project Management Institute).

Kirk Niemi
is a partner with Varela, Lee, Metz & Guarino, LLP in Tysons Corner, VA. Kirk is an experienced construction industry attorney who focuses his practice on construction litigation, government contracts, surety, and associated contract issues.  He represents owners, general contractors, subcontractors, sureties and government agencies including highway departments and municipalities. He has extensive experience in complex matters before courts, arbitrators and mediators regarding various construction issues including mechanics' liens, acceleration claims, changes, defects, delay claims, liquidated damages, and payment bond claims. Throughout his career, Kirk has advised his clients how to reach the most cost effective favorable resolution to their disputes.

Kirk has worked on matters involving nuclear power plants, bridges, highways, a professional baseball stadium, data centers, national intelligence facilities, office buildings (both federal and private), military bases, airports, hotel/resort complexes, industrial and petrochemical facilities, condominiums, water treatment facilities and wastewater treatment plants, amongst others. Kirk also has negotiated EPC power plant contracts on behalf of contractors.

David Wonderlick is a partner with Varela, Lee, Metz & Guarino, LLP in Tysons Corner, VA. David focuses his practice on construction litigation and government contracts. He has represented contractors, subcontractors, suppliers, owners, developers, sureties, and public agencies on projects involving the construction of conventional and nuclear power plants, wastewater treatment facilities, highways and bridges, dams, professional sports stadiums, airport facilities, mass transit systems, hotels, military facilities, and housing complexes. David also has experience in drafting contracts for the procurement of construction, architectural, and engineering services.

David has spent his entire career representing clients in the construction industry, first as an associate with a large Philadelphia, Pennsylvania firm as a member of their construction practice group, and later as an associate and partner at one of the largest firms in the country devoted to the practice of construction law.

MEET YOUR CONTINUING EDUCATION CREDIT REQUIREMENTS
SEE INDIVIDUAL COURSES FOR AVAILABLE CREDITS
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
NCMA: CONTRACT MANAGER CERTIFICATION
All Federal Publications Seminars courses meet the course requirements of the National Contract Management Association’s certification programs. We are a proud Education Partner of the NCMA.
CPE: CONTINUING PROFESSIONAL EDUCATION
Federal Publications Seminars is part of West Professional Development, which is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
CPE HOURS
This Program is eligible for: 13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
CLP: CONTINUOUS LEARNING POINTS
APPROVED FOR CLP BY
DEFENSE ACQUISITION UNIVERSITY
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP HOURS
This Program is eligible for: 11.0 (CLP) hours of credit
CLE: CONTINUING LEGAL EDUCATION
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
** Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE HOURS
This Program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)
Waterview Conference Center at CEB
1919 North Lynn Street
24th Floor
Arlington, VA 22209
5713033032
TRAVEL INFORMATION

Coffee, tea and water will be served throughout the day with an afternoon cookie break.  Breakfast and lunch are on your own. 

METRO RAIL LINE:

Yellow & Silver Line – METRO Stop – Rossyln
From the METRO - 1 Block East and 2 Blocks North on Lynn Street (Deloitte & CEB Offices)

There is not a room block for this location.  Suggested nearby hotels are:

Hyatt Arlington (0.2 mi SW)
1325 Wilson Blvd, Rosslyn, VA
703-525-1234

Le Meridien Arlington (156 ft. SE)
1121 19th St. N., Arlingotn, VA
703-351-9170 

Holiday Inn (0.1 mi W)
1900 North Fort Myer Drive, Arlington, VA
703-807-2000

Marriott Key Bridge (0.2 mi NW)
1401 Lee Highway, Arlington, VA
703-243-1093

100
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
Register Now for:
Construction Delay, Acceleration and Inefficiency Claims
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Date Location
November 7-8, 2017 Arlington, VA
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Call (888) 494-3696