Chapter 1. GENERAL PRINCIPLES OF DAMAGE CALCULATION
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§1.01 Introduction
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§1.02 Preliminary Damage Analysis
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§1.03 General Methods of Damage Calculation
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§1.04 Quantum Meruit
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§1.05 Linking Causation and Damages
Chapter 2. LABOR COSTS
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§2.01 Introduction
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§2.02 Direct Labor Overrun
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§2.03 Labor Burdens
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§2.04 Sample Direct Labor Overrun Calculation
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§2.05 Calculation of Wage Escalation
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§2.06 Loss of Productivity
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§2.07 Learning and Experience Curves
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§2.08 Effect of Changes on Labor Productivity
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§2.09 Calculating Productivity Loss
Chapter 3. EQUIPMENT AND SMALL TOOL COSTS; ADDITIONAL EQUIPMENT COSTS
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§3.01 Introduction
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§3.02 Additional Equipment Usage
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§3.03 Cost of Equipment
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§3.04 Industrial Guides
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§3.05 When Rates Are Inapplicable
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§3.06 Cost of Additional Small Tools
Chapter 4. MATERIAL COSTS
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§4.01 Introduction
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§4.02 Materials Defined
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§4.03 Reasons for Material Claims
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§4.04 Other Costs Associated with Material Claims
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§4.05 Calculating Additional Material Quantities
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§4.06 Calculating Additional Costs
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§4.07 Mitigating Factors in Recovering Additional Costs
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§4.08 Credit for Deleted Material
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§4.09 Price Escalation or Revision Clauses
Chapter 5. BOND AND INSURANCE COSTS
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§5.01 Introduction
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§5.02 Construction Contract Bonds
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§5.03 Bonds on Public Projects
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§5.04 Bonds on Private Projects
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§5.05 Reasons for Increased Bond Costs
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§5.06 Calculating Costs of Increased Bond Premiums
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§5.07 Loss of Bonding Capacity
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§5.08 Increased Insurance Costs
Chapter 6. HOME OFFICE OVERHEAD
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§6.01 Introduction
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§6.02 Home Office Overhead Costs Defined
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§6.03 Extended and Unabsorbed Overhead Costs Distinguished
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§6.04 Fixed Costs Versus Variable Costs
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§6.05 Eichleay Corp.: A Simple Approach to Calculating Home Office
Overhead
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§6.06 Calculating Home Office Overhead In State and Private Contracts
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§6.07 Establishing a Prima Facie Case for Recovery of Home Office Overhead
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§6.08 Calculation of Home Office Overhead Costs in Cases of Extended Contract
Performance
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§6.09 Calculation of Home Office Overhead Costs Incurred After Date of
Substantial Completion
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§6.10 Reserving the Right to Claim for Home Office Overhead
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§6.11 Subcontractor Passthrough Claims and the Eichleay Formula
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§6.12 Secondary Consideration in Calculating Home Office Overhead
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§6.13 Other Methods of Calculating Home Office Overhead
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§6.14 Comparative Calculation of Home Office Overhead
Chapter 7. JOBSITE OVERHEAD
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§7.01 Introduction
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§7.02 Jobsite Overhead Defined
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§7.03 Calculation Methods
Chapter 8. PROFIT
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§8.01 Introduction
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§8.02 Profit Defined
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§8.03 Profit on Work Performed
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§8.04 Determining Profit Percentages on Work Performed
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§8.05 Profit on Work Performed Prior to Termination
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§8.06 Profit on Unperformed Work
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§8.06A Profit on Contracts Not Awarded
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§8.07 Measuring Profit on Unperformed Work
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§8.08 Lost Business Revenues
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§8.09 Contractual Barriers to Recovery of Lost Profit
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§8.10 Punitive Damages
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§8.11 Profit on Deductive Charges (Backcharge)
Chapter 9. INTEREST
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§9.01 Introduction
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§9.02 Prejudgment Interest in Federal Contracts
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§9.03 Federal Jurisdiction Interest Statute
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§9.04 Prompt PayAct
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§9.05 Prejudgment Interest Under State Law
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§9.06 Postjudgment Interest
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§9.07 Interest on Borrowed Funds
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§9.08 Imputed Interest
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§9.09 Interest on Retainage
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§9.10 Interest on Extra Work
Chapter 10. ATTORNEYS' FEES AND CLAIM PREPARATION COSTS
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§10.01 Introduction
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§10.02 Contractual Provisions
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§10.03 Equal Access to Justice Act
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§10.04 Attorneys' Fees on Miller Act Claims
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§10.05 Bad Faith Exception
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§10.06 Recoverability of Costs of Preparing Request for Equitable Adjustments
Chapter 11 PRESENTATION OF DAMAGES
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§11.01 Summary of Damages
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§11.02 Use of Graphs
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§11.03 Expert Analysis
Chapter 12. CLAIMS BY OWNERS
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§12.01 Introduction
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§12.02 Failure to Complete
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§12.03 Cost of Correcting Nonconforming Work
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§12.04 Cost of Delay
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§12.05 Lost Profits
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§12.06 Owner's Claims Against Design Professionals
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§12.07 Reductions in Scope Through Deductive Changes
Chapter 13. LIQUIDATED DAMAGES
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§13.01 Introduction
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§13.02 Purpose of Liquidated Damages
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§13.03 Developing an Enforceable Clause
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§13.04 Implementation of the Clause
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§13.05 Calculating Liquidated Damages
Chapter 14. CONTRACT CLAUSES THAT AFFECT DAMAGE CALCULATIONS
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§14.01 Introduction
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§14.02 Clauses that the Owner Should Include in Its Contract with the General
Contractor
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§14.03 Negotiating General Contract Terms and Subcontract Terms: General
Contractor's Perspective
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§14.04 Clauses That the General Contractor Should Include in the Subcontract
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§14.05 Clauses That the Subcontractor Should Include in Its Subcontract with
the General Contractor
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§14.06 Checklist of Clauses in Negotiation Construction Contracts
Chapter 15. UNIT PRICE CONTRACTS
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§15.01 Introduction
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§15.02 Unit Price Contracts Generally
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§15.03 Variation in Quantities Clauses
APPENDIX A: Cost Accounting Systems
APPENDIX B: Sample Damage Calculations
APPENDIX C: Examples of Different Types of Damage Calculations
Table of Cases
Index