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Construction Schedules: Analysis, Evaluation and Interpretation of Schedules in Litigation and Dispute Resolution, 5th Edition

Construction Schedules: Analysis, Evaluation and Interpretation of Schedules in Litigation and Dispute Resolution, 5th Edition

  • 作者:
  • 出版商: Juris Publishing
  • ISBN: 9781944825133
  • 出版时间 November 2017
  • 规格: Paperback , 712 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
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  • 详细

    The Fifth Edition of Construction Schedules examines the use of construction schedules in resolving disputes over contract time extensions and the economic consequences of such, and takes an in-depth look at the only lasting opinions that count in this litigious arena. These opinions are the ones expressed by the United States court system and other third party neutrals across the world.

    Construction schedules are now globally used and analyzed to establish and prove opposing positions when projects are completed later than promised, occurrences that are attributable to a multitude of causes during the construction process. Entitlement to equitable adjustments due to changed conditions is now argued across the globe and American court opinions are the linchpin landmarks for neutral decision makers.

    The current edition of Construction Schedules reflects the current thinking of the courts and suggests how parties and their attorneys should prepare and proceed in litigation, arbitration, or mediation.

    For anyone involved or potentially involved in construction schedule litigation and/or dispute resolution, this work is the required starting point and reference.

  • Dedication
    Preface
    About the Authors

    Chapter 1
    INTRODUCTION TO SCHEDULES

    Chapter 2
    PROJECT SCHEDULING TECHNIQUES

    § 2-1 Project Scheduling Overview
    § 2-2 Precedence Diagramming Method Schedule
    § 2-2(a) Activities and Logic
    § 2-2(b) Durations and the Critical Path
    § 2-2(c) Float
    § 2-3 Bar Charts and Look Ahead Schedules
    § 2-4 Updating
    § 2-5 Critical Chain Project Management
    § 2-6 Dynamic Progress Method Scheduling
    § 2-7 Pull Planning in Collaborative Projects (Integrated Project Delivery and Lean Contracting)
    § 2-7(a) The Scheduling Portion of Pull Planning
    § 2-7(b) The Weekly Meetings
    § 2-7(c) Choosing to Use Pull Planning
    § 2-8 Reflections and Personal Experiences
    § 2-8(a) Reflections
    § 2-8(b) Personal Experiences

    Chapter 3
    THE LAW AND CONSTRUCTION SCHEDULES

    § 3-1 The Law's View of Schedules
    § 3-1(a) Courts and Boards Apply Schedules
    § 3-1(a)(1) Defining CPM
    § 3-1(a)(2) Preference for CPM/PDM
    § 3-1(b)Industry Views Schedules Differently
    § 3-2 The Schedule Must Be Complete
    § 3-3 The Schedule Must Be Substantiated
    § 3-4 The PDM/CPM Consultant
    § 3-5 The Dates in the Schedule: A Commitment or Guide?
    § 3-5(a) Schedules Are Flexible Planning Tools
    § 3-5(b) Work Sequence Does Not Have Same Flexibility
    § 3-5(c) Contract Completion Date Only Real Commitment
    § 3-6 The Benefit of Float
    § 3-7 Mistakes in the Schedule
    § 3-8 Pre-Bid Schedules
    § 3-9 Mutual Responsibilities under the Schedule
    § 3-9(a) All Parties in the Project
    § 3-9(a)(1) New York State
    § 3-9(b) Owner and Contractor
    § 3-9(b)(1) Owner Submittal Delay
    § 3-9(b)(2) Owner's Failure to Schedule or Coordinate
    § 3-9(b)(3) Owner's Liability for Cardinal Changes
    § 3-9(c) General Contractor Must Conform to Schedule Imposed on Subcontractor
    § 3-9(d) Subcontractor Schedule at the General Contractor's Direction
    § 3-9(d)(1) Subcontractor May Determine Own Sequence
    § 3-9(d)(2) Contractor Obligated to Reasonably Sequence Subcontractor's Work
    § 3-9(d)(3) Subcontractor Work to Contractor Direction
    § 3-10 The Significance of Updates
    § 3-10(a) The Law's View of Updates
    § 3-10(b) Disagreement on Update Data
    § 3-11 Changes in Scheduled Sequence
    § 3-12 The Schedule as Notice
    § 3-13 The Schedule's Role in Termination
    § 3-13(a) Termination for Failure to Complete
    § 3-13(b) Termination for Failure to Make Progress
    § 3-13(c) Opportunity to Cure before Termination for Failure to Progress
    § 3-13(d) Waiving the Right to Terminate
    § 3-14 Fast-Track, Design-Build Schedules
    § 3-15 The Schedule's Role in Procurement
    § 3-16 Schedules and Constructive Acceleration
    § 3-17 Recovery Schedules

    Chapter 4
    IMPROVING SCHEDULING CLAUSES AND REQUIREMENTS

    § 4-1 Contractor's Scheduling Requirements
    § 4-2 Subcontractor Scheduling Requirements
    § 4-3 Designer's Scheduling Requirements
    § 4-4 Owner Participation in the Scheduling Process
    § 4-5 The Need for Standards and Ethics in Preparing and Analyzing Construction Schedules

    Chapter 5
    USING THE SCHEDULE TO PROVE TIME

    § 5-1 Introductory Thoughts
    § 5-1(a) A Poor Network Analysis May Be Persuasive
    § 5-2 Schedule Status and Approval
    § 5-3 Techniques to Present Schedule-Related Claims
    § 5-3(a) The Contemporaneous Method
    § 5-3(a)(1) The Contemporaneous Method Explained
    § 5-3(a)(2) Contemporaneous Method without Contemporaneous Updates: The Time Impact Analysis
    § 5-3(a)(3) The Wise Contractor's Use of Contemporaneous Scheduling Techniques
    § 5-3(a)(4) The Wise Owner's Actions in View of the above Contractor Scheduling Work
    § 5-3(b) The What-If Method
    § 5-3(c) But-For or the Collapsed Method (BFM)
    § 5-3(d) The As-Built Method (ABM)
    § 5-3(e) Choosing a Delay Analysis Method

    Chapter 6
    THE STATUS OF NETWORK SCHEDULES

    § 6-1 Introduction
    § 6-2 The Schedule as a Contract Document
    § 6-2(a) What It Means to Be a Contract Document
    § 6-2(b) When a Schedule Is Not a Contract Document
    § 6-3 The Schedule as Evidence
    § 6-3(a) The Schedule as a Business Record
    § 6-3(a)(1) Contemporaneous Recording of Facts
    § 6-3(a)(2) Regularly Conducted Activity
    § 6-3(a)(3) Regular Recording Practice
    § 6-3(a)(4) Delay Analysis Not Business Record
    § 6-3(b) Best Evidence Rule
    § 6-3(c) Schedules as Scientific Evidence
    § 6-3(d) The Schedule as Testimony to Be Confronted
    § 6-3(e) The Schedule as Expert Testimony
    § 6-3(f) The Schedule as Experimental Evidence
    § 6-3(g) Building or Project Information Modeling
    § 6-3(h) Spoliation
    § 6-4 Conclusion

    Chapter 7
    CONTRACT SCHEDULING REQUIREMENTS

    § 7-1 General Contract Scheduling Requirements
    § 7-1(a)(1) The ConsensusDOCS 200 2007 Standard Form
    § 7-1(a)(2) The ConsensusDOCS 300 2007 Standard Form
    § 7-1(a)(3) The AIA Standard Form A–201–2007
    § 7-1(a)(4) FIDIC 2005
    § 7-1(a)(5) State Standard Contract Schedule Specifications
    § 7-1(a)(6) Federal Scheduling Clauses
    § 7-1(a)(6)(a) VA Scheduling Clauses
    § 7-1(a)(6)(b) GSA Scheduling Requirements
    § 7-1(a)(6)(c) Construction Manager Scheduling Requirements
    § 7-1(a)(6)(d) Military Unified Facilities Guide
    § 7-1(b) Other Schedule-Related Contract Requirements
    § 7-1(b)(1) The Scheduling Consultant
    § 7-1(b)(2) Time of Performance
    § 7-1(b)(3) Good Practice
    § 7-1(b)(4) Concealed or Unknown Conditions
    § 7-1(b)(5) To Demonstrate Delay
    § 7-1(b)(6) Termination
    § 7-1(b)(7) Resource Loading
    § 7-2 Subcontractor Scheduling Requirements
    § 7-2(a) The ConsensusDOCS 750 2007 Standard Form Agreement between Contractor and Subcontractor
    § 7-2(b) A Typical Subcontract Agreement between Contractor and Subcontractor
    § 7-3 Recommended Owner Schedule-Related Clauses
    § 7-4 Design Contract Schedule Clauses
    § 7-5 Design-Build Schedule Clauses
    § 7-6 Appendix

    ILLUSTRATIONS AND EXHIBITS ON CD-ROM
    Chapter 2
    Illustration 2.1 Typical Precedence Method Logic Diagram
    Illustration 2.2 Complex PDF Relationships
    Exhibit 2.3 PDM Printout
    Illustration 2.4 Bar Chart

    Chapter 3
    Illustration 3.1 Partial CPM Schedule--Henry Ericsson Co. v. United States

    Chapter 5
    Exhibit 5.1 Project Start and Finish Date Matrix As-Planned Schedule Bar Chart
    Exhibit 5.2 Superintendent's Daily Report
    Exhibit 5.3 Project Start and Finish Date As-Built Dates from Daily Logs Plotted
    Exhibit 5.4 Project Start and Finish Date Matrix As-Built Bar Chart
    Exhibit 5.5 As-Planned Tenant Schedule
    Exhibit 5.6 As-Planned Tenant CPM
    Exhibit 5.7 As-Planned Tenant Timescale
    Exhibit 5.8 As-Built Tenant CPM #1
    Exhibit 5.9 As-Built Tenant Schedule
    Exhibit 5.10 As-Built Tenant Timescale
    Exhibit 5.1 As-Built Tenant Schedule CPM #1
    Exhibit 5.12 As-Built Tenant Schedule CMP #2

    Table of Cases

    Index

    2012 POCKET PART TABLE OF CONTENTS  

    Chapter 3
    THE LAW AND CONSTRUCTION SCHEDULES

    § 3-7 Mistakes in the Schedule
    § 3-9 Mutual Responsibilities under the Schedule
    § 3-9(b) Owner and Contractor
    § 3-9(b)(3) Owner’s Liability for Cardinal Changes
    § 3-10 The Significance of Updates
    § 3-10(a) The Law’s View of Updates
    § 3-11 Changes in Scheduled Sequence
    § 3-13 The Schedule’s Role in Termination
    § 3-13(a) Termination for Failure to Complete
    § 3-13(b) Termination for Failure to Make Progress
    § 3-13(d) Waiving the Right to Terminate
    § 3-16 Schedules and Constructive Acceleration

    Chapter 5
    USING THE SCHEDULE TO PROVE TIME

    § 5-1 Introductory Thoughts
    § 5-3 Techniques to Present Schedule-Related Claims
    § 5-3(a) The Contemporaneous Method
    § 5-3(a)(2) Contemporaneous Method without Contemporaneous Updates: The Time Impact Analysis

    Chapter 7
    CONTRACT SCHEDULING REQUIREMENTS

    § 7-2 Subcontractor Scheduling Requirements
    § 7-2(b) A Typical Subcontract Agreement between Contractor and Subcontractor

  • H. Murray Hohns, PE, Fellow ASCE, is a construction consultant, mediator and arbitrator in private practice. He has worked out of Honolulu since 1987. His specialty is construction delay, those responsible and its consequences. He founded Wagner-Hohns-Inglis-Inc in 1965 and built it into one of the country's 250 largest Consulting Engineers. He has two degrees in Civil Engineering and a MA in theology. He has written or contributed to eight books on dispute resolution, worked on projects in all 50 States and overseas, and managed major construction projects for their owners. He has written a monthly expert commentary for a compilation of reported construction cases for the past seven years. He is a former President of the Project Management Institute, the National Academy of Forensic Engineers and a member of the Board of Directors for the American Arbitration Association

    Michael T. Callahan, Esq., is president of CCL Construction Consultants, Inc. He maintains an active consulting practice in the measurement and responsibility of delay, along with the quantification of additional performance costs and other construction and design-related matters. He has written or edited Termination of Construction and Design Contracts and Procurement of Design and Construction Contracts, Construction Change Order Claims 2nd Edition, and co-authored Construction Delays Claims; other books for other publishers; and prepares a monthly newsletter summarizing current design and construction case decisions, Construction Law Digest. He was an adjunct professor at the University of Kansas and has lectured throughout the United States, Europe, the Middle East, and Far East on design a nd construction related topics. He is a member of the Kansas, New Jersey, and Missouri bars by examination. Mr. Calla han is also a frequent arbitrator, negotiator, mediator, and a regional advisor to the American Arbitration Association.

  • Praise:

    "The Fourth Edition of Constuction Schedules is a welcome update to the Construction Industry.Construction Schedules has been a practical and useful guide to the practitioner in addressing construction delay claims. This treatise update will provide a much needed discussion of alternative scheduling methods. In light of recent case law that seems to open the door to alternative schedule analysis, Callahan's and Hohns' most recent effort should be a welcome library addition to Owners, Contractors, Designers and their counsel."

    -H. James Wulfsberg, senior principal with Wulfsberg Reese Colvig & Firstman, and nationally recognized expert in construction law

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