Confidently Evaluate and Present Construction Delay Claims! Construction Delay Claims, Fourth Edition by Barry B. Bramble, Esq., Michael T. Callahan List Price: $338.00   Eligible for Free Standard Shipping on U.S. Prepaid Orders Imprint: Aspen Publishers ISBN: 9780735592865 Paperback: 408 pages Publication Cycle: Updated annually Last Updated: 11/13/2012 Available: Item ships in 3-5 Business Days

Contracts can be your first line of defense against delays. But they have to be drafted very carefully. Construction Delay Claims gives you an in-depth analysis of all the pertinent clauses and details what they can and can’t do to minimize delays and avoid litigation. Construction Delay Claims, Fourth Edition, by Barry B. Bramble and Michael T. Callahan is written for everyone involved with delay and impact construction claims—the most common form of disputes in the construction industry. You’ll find that this resource presents the most thorough, detailed review of delay claims liability available, including a complete description of the entire process for filing and pursuing claims along with more than 1,950 cases and analyses. Construction Delay Claims gives you the information you need to determine your best course of action. The book presents detailed knowledge drawn from the authors’ thirty-five years of experience in the industry. You’ll learn how to anticipate delays and mitigate damages through the use of advanced planning and immediate responses by the parties involved. You’ll also receive helpful instructions about the best use of construction schedules to avert delays, or to prove their impact if they do occur. Construction Delay Claims keeps you completely up-to-date with the changes in the construction industry, and the construction litigation process. Coverage includes: Effective ways to challenge a claimant’s use of the Total Cost Method of Calculation The effectiveness of “no damages for delay” clauses The use of ADR methods to resolve delay claims The meaning and implication of concurrent delays Cumulative impact effect of multiple change orders The impact and probability of delays in design-build, construction management, and multiple prime contracting Latest research into the effect and measurement of lost productivity The most recent assessments of how states are applying the Eichleay formula Chapter 1: Delay What Is Delay? Elements of Delay Analysis What Is Disruption? What Is Acceleration? Checklists Chapter 2: Addressing Delay and Disruption in the Contract Introduction Time Is of the Essence Clause Contract Performance Period Substantial Compliance Early Occupancy Interim Milestones Time Extensions Notice Provisions Scheduling Provisions Coordination Clauses Changes and Variations Clauses Differing Site Conditions Clause Suspension of Work Clause Termination Clauses Liquidated Damages No-Damages-for-Delay Clause Checklist of Contract Clauses Applicable to Construction Delay Chapter 3: Responsibility for Delay Introduction Owner-Caused Delay Designer-Caused Delay Contractor-Caused Delay Subcontractor-Caused Delay Delay Not Caused by Parties to the Design and Construction Process Construction Manager-Caused Delay Chapter 4: Effects of Delay Introduction Preventing Early Completion Acceleration Lost Productivity and Efficiency Re-scheduling and Re-sequencing Increased Time-Related Costs Third-Party Claims Abandonment and Termination Other Effects of Delay Chapter 5: Disruption Costs and Lost Labor Productivity Introduction Lost Efficiency Explained Obstacles to Recovery for Lost Productivity Costs Judicial Recognition of Lost Productivity Costs Causes of Lost Efficiency Preserving the Right to Collect Lost Productivity Costs Proving Lost Productivity Claims Lost Productivity Damages Conclusion Chapter 6: Acceleration What Is Acceleration? Directed and Constructive Acceleration Requirements for Acceleration Claims The Obligation to Accelerate Constructive Acceleration The No-Damages-for-Delay Clause and Acceleration Acceleration Costs Calculating Lost Productivity Caused by Acceleration Identifying Inefficiency Costs in the Field Chapter 7: Project Delivery Methods and Delay Claims Project Delivery Methods Design-Bid-Build The Fast Track Multiple Prime Contracting Construction Management Design-Build Turnkey Construction Design-Build-Operate-Maintain Integrated Project Design Comparing the Potential for Delay Chapter 8: Recognizing and Dealing With Delays and Other Disruptions Introduction Predicting the Likelihood of Delays and Claims Recognizing Delays Mitigating the Effects of Delays and Disruptions Dealing with the Underlying Causes of Delays and Disruptions Notice Accumulating Delay and Disruption Cost Data Documenting Delay Documenting Acceleration Documenting Productivity Losses Assessing Liquidated Damages Chapter 9: Processing Claims Introduction Submission of the Claim Claim Negotiation ApprovalWithout Dispute Releases Processing the Disputed Claim Chapter 10: Analysis of Claims Introduction Issue Identification Schedule Analysis Productivity Analysis Document Analysis Analysis of Cost Documenting the Evaluation Chapter 11: Using the Schedule to Prove Delay and Disruptions Why Use a Schedule? Using Bar Charts and Network Diagrams Other Scheduling Methods Court Acceptance of Bar Charts and Network Diagrams Demonstrating Schedule Reliability Manipulation of the Schedule Methods of Schedule Analysis Choosing a Schedule Analysis Method Apportioning Concurrent Delays Using the Schedule to Prove Out-of-Sequence Work and Other Disruptions Chapter 12: Delay Damages The Importance of Proving Damages Evolution of Delay Damages in Public Construction Contracts Characterizing Delay Damages Damage Calculation Theories Extended General Conditions Home Office Overhead Idle Equipment Costs Lost Productivity Escalation Interest Punitive Damages Lost Profits Recovery of Attorneys' Fees in Disputes with the Federal Government Recovery of Attorneys' Fees in State Court Actions Recovering Attorneys' Fees as a Business Cost Cost of Claim Preparation Bond Fee and Insurance Premiums Nonrecoverable Delay Damages Owner's Damages Mitigation Checklist for Delay Costs Chapter 13: Establishing the Basis of Liability Introduction Breach of Express Promises in Contract Breach of Implied Promises in Contract Anticipatory Repudiation Warranties and Guarantees Indemnities Negligence Fraud and Misrepresentation Strict Liability in Tort Violation of a Statute Selection of Remedies Cardinal Changes The Burden of Proof Chapter 14: Dispute Resolution Forums Introduction Civil Courts Arbitration Special Claims Courts and Administrative Boards Mediation Mediation-Arbitration Mini-Trials Disputes Review Boards Adjudication in the United Kingdom Chapter 15: Sureties and Delay Claims Introduction Payment Bonds Performance Bonds Surety's Recovery of Delay Damages Surety's Obligation to Completing Contractor Chapter 16: Avoiding and Minimizing Claims Introduction Predicting the Potential for Claims Claims in the Construction Industry The Designer and the Design The Contractor The Contract Project Scheduling The Owner Claims Administration Table of Cases Index Calculating Lost Labor Productivity in Construction Claims, Second Edition William Schwartzkopf Labor cost is the variable most at risk on a construction project. Job characteristics, site conditions, and other unforeseeable events all contribute to the potential for cost overruns due to lost labor productivity . Calculating Lost Labor Productivity in Construction Claims, Second Edition, more... Add to cart   |  Price: $297.00  |  ISBN: 9780735548930  |  Format: Hardcover  Imprint: Aspen Publishers  Construction Change Order Claims, Second Edition Michael T. Callahan Construction Change Order Claims brings you up-to-date with the latest methods for determining value of work or all types of projects. Commonly encountered claim issues are covered in detail, including: Surety issues Evaluating changes resulting from ambiguous specifications or inadequate desi more... Add to cart   |  Price: $297.00  |  ISBN: 9780735552371  |  Format: Hardcover  Imprint: Aspen Publishers  Proving and Pricing Construction Claims, Third Edition Robert F. Cushman, Esq., John D. Carter, Paul J. Gorman, Douglas F. Coppi The most useful, definitive resource available on every aspect of construction claims, including: how to present the claims how to calculate and prove the amount of damages sustained and how to prove liability It even covers the clauses that should be in every construction contract. You'll get more... Add to cart   |  Price: $297.00  |  ISBN: 9780735514454  |  Format: Hardcover  Imprint: Aspen Publishers