by Jacob HammondThe Sandbagging Trap
When I began my career in construction working for a large general contractor, knowing project cost was a condition of employment, and one could not truly know cost without accurate and timely reporting. The project manager gathered the project staff to discuss why it was not acceptable to sandbag. Sandbagging is the practice of holding unreported quantities of work performed in one’s “back...by Jacob HammondTracking Performance = Tracking Profitability
Mentioning tracking performance on a construction site may elicit eye rolling, while mentioning tracking profitability may elicit interest. However, they are correlated. It is essential for contractors to track labor and equipment performance (estimated vs. actual unit cost, and estimated vs. actual productivity) on construction projects for two reasons: Measuring performance trends on...by Jacob HammondTackling Delays
A common impediment to a successful project is often a delayed project. Once a delay occurs, a claim is likely to follow. Being knowledgeable of key delay concepts and the actions that can be taken once a delay is recognized can improve the chances of the claim being accepted. Even when the claim is not accepted and litigation/arbitration becomes necessary, taking the proper action during the...
by Bennett ColemanCOVID-19: The Evolution of Force Majeure Clauses in Unprecedented Times
Construction contracts typically state that a party’s force majeure remedy is a schedule extension equal to the duration of the force majeure event. However, given the unprecedented global economic shutdown due to the coronavirus pandemic, future contract negotiators will likely attempt to revise the definition of a force majeure event to account for the unforeseeable consequences of a global...
by wpengineCOVID-19: Managing Construction Delays Amid the Coronavirus Pandemic
Social distancing, quarantines, and remote work operations are all important measures to slow the spread of the COVID-19 (coronavirus) pandemic. While these measures are necessary to our society, they do not translate to productivity in the construction industry. Now is the time for each project team to determine what it can do to keep its people safe and to start reviewing its contractual...
by maggieRetroactive Labor Productivity Evaluations
Several methodologies are available to quantify field labor productivity impacts that a contractor could experience during construction. Two of the most widely used methodologies in both construction and legal forums are the Measured Mile Methodology and the Mechanical Contractors Association of America (MCAA) Factors Methodology. Besides the MCAA, other productivity resources include …by Bennett ColemanAssessing Labor Productivity
Abstract The analysis of the labor productivity of the workforce and the utilization of material and equipment are major factors in determining whether a construction project will be completed on time and within budget. Concerning the project budget, every construction project should have a budget established prior to the commencement of work. The contractor’s goal should be to complete...by Bennett ColemanHurricane Harvey and Force Majeure Claims
Hurricane Harvey’s unprecedented flooding has resulted in increased force majeure (FM) claims for the construction industry. In general, FM claims free both parties to a construction contract from liability or obligation for failure to perform in the event of extraordinary circumstances, such as “acts of God” or occurrences outside the parties’ control. Depending on the contract language,...by Bennett ColemanCDR-1256: Challenges of the Measured Mile Concept for Productivity Loss Claims
ABSTRACT— Contractors face several challenges when developing claims for productivity loss due to owner/architect/engineer or third-party interference. These include the burden of linking the interference to the productivity loss and establishing the reasonableness of estimated increased time and/or costs. AACE International describes various methodologies in its Recommended Practice No....by Bennett Coleman