Calculating construction damages can be complex and confusing. Written
by recognized experts in the area of construction claims, Aspen
Publishers’ Calculating Construction Damages is a
one-of-a-kind resource providing step-by-step guidelines for valuing a claim
and calculating damages.
Calculating Construction Damages keeps you completely up-to-date
with the changes in the construction industry, and provides new and updated
coverage on:
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Reductions in scope through deductive changes
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The meaning and explanation of acceleration
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The use of the actual cost method and the total cost method to calculate
damages
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The effectiveness of expanding on productivity analysis.
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The definition of home office overhead costs and the use of the Eichleay
formula.
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The most recent assessment of attorneys’ fees on Miller Act claims
Only Aspen Publishers’ Calculating Construction Damages
leads you through every step you need to take in order to reach an accurate
assessment of construction damages. Complete coverage includes:
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General Principles of Damage Calculation
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Labor Costs
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Equipment and Small Tool Costs; Additional Equipment Costs
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Material Costs
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Bond and Insurance Costs
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Home Office Overhead
Calculating Construction Damages is organized by type of damage
rather than type of claim. Its clear, mathematical techniques will enable you
to value any claim and accurately calculate damages.
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