CPM Scheduling: Changes and Dispute Resolution

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Accelerated coverage of the increasing and innovative uses of CPM schedules.

How Managers Use Schedules to Prepare, Present, and Defend Against Claims.
Schedules and Claims Analysis.
Understanding Delay-Claim Methodologies.
Analyzing & Resolving Delay Claims.
How to Use As-Built Schedules in the Evaluation of Delay Claims.
Analyzing & Resolving Disruption & Impact Claims
and more...

Few elements in construction work are of greater significance than the time factor. Consequently, at the core of construction is the construction schedule. Sophisticated, precise scheduling often spells the difference between a project's success or failure.

Time can be an ally...time can be an enemy. Time can bail you out...time can do you in. Time can lead to profits...time can lead to penury. It all depends on whether you manage time--or it manages you.

Time is a scarce resource. One of the ways to manage time and other available resources is through an understanding of scheduling as a management tool.

Further, construction schedules are also a sword and a shield, not only an altering or monitoring device. They are a protective device--a shield in defending against damage claims; and they are an offensive device--a sword to aid in securing time extensions and price adjustments for delays, suspensions, accelerations and the time elements involved in changes and extra work.

Changes and claims--and what management can do about them--are the recurrent themes of the course, the common threads that will be used to explain schedule use. The course will cover the practical use of a schedule:

As an alerting device--a sentinel, a harbinger of developing trouble that reasoned action may avoid.

As a monitoring device--informing you of progress, productivity, level of performance.
As a protective device--a shield in your defense against possible damage claims for late completion.

As an offensive device--a sword to aid you in securing time extensions and price adjustments for delays, suspensions, accelerations, and the time elements involved in changes and extra work.

Intended for all who are involved in the construction process--general contractors, subcontractors, and owners--and dealing with both private and Government construction, the course is grounded in the obvious premise that proper scheduling is both the sword and the shield that can lead to triumph in your jousts with time.

Dates and Locations

November 6-7, 2012

AMA Conference Center

Arlington, VA

$995.00

Accreditation

CLE Hours

This Program is eligible for:

11.0 (60 minute)

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

Related Downloads

Registration Form for fax-in registrations (PDF)

Daily Schedule

9:00 AM - 4:00 PM

CPM Scheduling: Changes & Dispute Resolution COURSE CURRICULUM

Introduction to Changes and Claims
1. Changes/Contract Modifications
  1. Definitions:
    1. Scope
    2. Time
    3. Price
  2. Bilateral vs. unilateral changes
  3. Constructive Changes
  4. Negotiations
2. Claims
  1. Questions of Entitlement
  2. Differences of Opinion (Time/Dollars)
  3. Requests for Equitable Adjustment
  4. Time Extension Requests
  5. Types of Claims
  6. Resolution of Claims
3. Typical Contract Clauses
  1. Federal Contract Clauses
  2. Commercial Contracts
  3. Risk Shifting Clauses
Baseline, Updated and Revised Construction Schedules
1. Terminology and Definitions
2. Contract Requirements
  1. Performance and Scheduling
  2. Liquidated Damages
3. Approved or Accepted?
  1. Initial Schedule
  2. Updates
4. Evaluating the Updated and Revised Schedules
  1. Status
  2. Critical Path
  3. Float
  4. The Recovery Schedule
5. Workforce and Cost Loading
6. Comparison and Trend Analyses
  1. Schedule Trends
  2. Cost Analyses
  3. Resource Analyses
Understanding Delay Claim Methodologies
1. The As-Planned and As-Built Critical Paths
  1. What are they?
  2. How are they calculated?
2. Impacted As-Planned Schedules
  1. Approach
  2. Advantages
  3. Disadvantages
  4. Case Studies
3. Time Impact Analysis (TIA)
  1. Approach
  2. Advantages
  3. Disadvantages
  4. Case Studies
4. Windows Analysis
  1. Approach
  2. Advantages
  3. Disadvantages
  4. Case Studies
5. Collapsed or "But-For" As-Built Schedule
  1. Approach
  2. Advantages
  3. Disadvantages
  4. Case Studies
6. As-Planned vs. As-Built Comparisons
  1. Approach
  2. Advantages
  3. Disadvantages
  4. Case Studies
The Utilization of As-Built Schedules in the Evaluation of Delay Claims
1. Purpose
2. Types of As-Built Schedules
  1. Updates
  2. "After-the-Fact" As-Built Schedules
3. Information Sources
  1. Daily Reports
  2. Testing and Inspection Reports
  3. Other Contemporaneous Sources
4. Study of Samples
5. Measuring Delay and Determining the As-Built Critical Path
Analyzing and Resolving Delay Claims
1. Responsive to Contract Requirements?
  1. Claim Provisions
  2. Notice
  3. Time entitlements
  4. Cost entitlement
  5. Use of Contract Prescribed Methodologies
2. Understanding Claim Components
3. Determining Claim Approach
  1. Identify Methodology of Calculating Delay
  2. Determine Whether Use of an Alternate Method Was Possible
4. Documentation Sources
  1. Sources Utilized
  2. Validate Accuracy of Sources
  3. Electronic Data Sources
5. Causation and Responsibility Analysis
6. Entitlement
7. Burden of Proof
Analyzing and Resolving Impact Claims
1. Understanding Concepts, Terms, and Methodologies
2. Productivity vs. Efficiency
3. Methods of Measuring Productivity
4. Documentation Sources
5. Cause and Effect
6. Pricing Impact
7. Burden of Proof

THE COURSE FACULTY

Robert M. Freas is a Principal in Exponent’s Construction Consulting practice. He has broad and extensive experience in the identification, analysis, and evaluation of construction issues related to scope changes, schedule delay/impact and extended performance, production disruption/inefficiency, and builder’s risk and insurance losses. Specifically, he has prepared and analyzed as-planned schedules, updates, time entitlement and time impact analyses, prepared and analyzed as-built schedules, and prepared delay and performance related analyses, productivity-impact and acceleration analyses, and related cost and damages claims. Mr. Freas has participated in the preparation and presentation, and response to a number of major construction, contract and insurance claims and disputes, including Federal procurement and construction contracts. As a part of his participation in numerous project disputes, he has been recognized by courts, boards and arbitration panels as an expert in a wide range of schedule, productivity, cost and damages, and construction related issues.

Mr. Freas also has developed, managed and performed extensive cost recovery analyses and reviews for major construction programs. He also provides clients with risk analysis and management consulting, and strategic planning related to complex projects.

Mark J. Doran is a founding partner of Contract Solutions LLC, a firm that specializes in schedule delay analysis, dispute resolution, and other project management issues. He has over eighteen years of combined construction and consulting experience. Mark frequently provides CPM schedule training seminars to constuction professionals. He has lectured on dispute resolution and claims avoidance also.

Mark has consulted on such issues as evaluating baseline schedules, updates, and revised schedules, including requests for additional time. He has consulted on many types of construction and various issues for industrial, commercial, civil, health care, heavy highway, and Government Contract clients. He has participated in preparing and defending claims for owner/contractor caused delays, acceleration, lost productivity, and changed conditions, among others. He has participated in the successful resolution of disputes saving clients the time and costs associated with litigation. Mark has testified as an expert witness on construction claim issues.

Accreditation

CLE Hours

This Program is eligible for:

11.0 (60 minute)

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

AMA Conference Center