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.

We look forward to your participation.

CPM Scheduling: Changes & Dispute Resolution COURSE CURRICULUM

1. 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
2. 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
3. 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
4. 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
5. 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
6. 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

Robert M. Freas Managing Engineer for Exponent, a leading engineering and scientific consulting firm, in their Civil Engineering practice based in its Washington, DC. He has broad and extensive experience in the identification, analysis and evaluation of construction claims related to scope changes, schedule delay/impact and extended performance, and production disruption/inefficiency. As a part of his participation in numerous project disputes, he has dealt with a wide range of schedule, cost and design/construction issues involving construction claims. Specifically, he has prepared as-planned schedules, prepared and analyzed as-built schedules, prepared delay and performance related analyses and progress and associated narrative reports, and composed graphs, charts and schedules for use as trial exhibits. Mr. Freas has participated in the preparation and presentation for negotiation and litigation of a number of major construction claims and has also provided construction management services to owner clients during programming, design, and construction phases. Mr. Freas is a former adjunct professor in the Department of Civil, Environment, and Infrastructure Engineering at George Mason University.

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.