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Calculating Construction Damages, Second Edition by William Schwartzkopf, John J. McNamara

The Only Complete Guide to Calculating Recoverable Damages in Construction Claims
Calculating Construction Damages, Second Edition
by William Schwartzkopf, John J. McNamara
List Price: $297.00  
Eligible for Free Standard Shipping on U.S. Prepaid Orders
Imprint: Aspen Publishers
ISBN: 9781454807957
Hardcover: 770 pages
Publication Cycle: Updated annually
Last Updated: 8/17/2012
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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:

  • Reductions in scope through deductive changes
  • The meaning and explanation of acceleration
  • The use of the actual cost method and the total cost method to calculate damages
  • The effectiveness of expanding on productivity analysis.
  • The definition of home office overhead costs and the use of the Eichleay formula.
  • 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:

  • General Principles of Damage Calculation
  • Labor Costs
  • Equipment and Small Tool Costs; Additional Equipment Costs
  • Material Costs
  • Bond and Insurance Costs
  • 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

  • §1.01 Introduction
  • §1.02 Preliminary Damage Analysis
  • §1.03 General Methods of Damage Calculation
  • §1.04 Quantum Meruit
  • §1.05 Linking Causation and Damages

Chapter 2. LABOR COSTS

  • §2.01 Introduction
  • §2.02 Direct Labor Overrun
  • §2.03 Labor Burdens
  • §2.04 Sample Direct Labor Overrun Calculation
  • §2.05 Calculation of Wage Escalation
  • §2.06 Loss of Productivity
  • §2.07 Learning and Experience Curves
  • §2.08 Effect of Changes on Labor Productivity
  • §2.09 Calculating Productivity Loss

Chapter 3. EQUIPMENT AND SMALL TOOL COSTS; ADDITIONAL EQUIPMENT COSTS

  • §3.01 Introduction
  • §3.02 Additional Equipment Usage
  • §3.03 Cost of Equipment
  • §3.04 Industrial Guides
  • §3.05 When Rates Are Inapplicable
  • §3.06 Cost of Additional Small Tools

Chapter 4. MATERIAL COSTS

  • §4.01 Introduction
  • §4.02 Materials Defined
  • §4.03 Reasons for Material Claims
  • §4.04 Other Costs Associated with Material Claims
  • §4.05 Calculating Additional Material Quantities
  • §4.06 Calculating Additional Costs
  • §4.07 Mitigating Factors in Recovering Additional Costs
  • §4.08 Credit for Deleted Material
  • §4.09 Price Escalation or Revision Clauses

Chapter 5. BOND AND INSURANCE COSTS

  • §5.01 Introduction
  • §5.02 Construction Contract Bonds
  • §5.03 Bonds on Public Projects
  • §5.04 Bonds on Private Projects
  • §5.05 Reasons for Increased Bond Costs
  • §5.06 Calculating Costs of Increased Bond Premiums
  • §5.07 Loss of Bonding Capacity
  • §5.08 Increased Insurance Costs

Chapter 6. HOME OFFICE OVERHEAD

  • §6.01 Introduction
  • §6.02 Home Office Overhead Costs Defined
  • §6.03 Extended and Unabsorbed Overhead Costs Distinguished
  • §6.04 Fixed Costs Versus Variable Costs
  • §6.05 Eichleay Corp.: A Simple Approach to Calculating Home Office Overhead
  • §6.06 Calculating Home Office Overhead In State and Private Contracts
  • §6.07 Establishing a Prima Facie Case for Recovery of Home Office Overhead
  • §6.08 Calculation of Home Office Overhead Costs in Cases of Extended Contract Performance
  • §6.09 Calculation of Home Office Overhead Costs Incurred After Date of Substantial Completion
  • §6.10 Reserving the Right to Claim for Home Office Overhead
  • §6.11 Subcontractor Passthrough Claims and the Eichleay Formula
  • §6.12 Secondary Consideration in Calculating Home Office Overhead
  • §6.13 Other Methods of Calculating Home Office Overhead
  • §6.14 Comparative Calculation of Home Office Overhead

Chapter 7. JOBSITE OVERHEAD

  • §7.01 Introduction
  • §7.02 Jobsite Overhead Defined
  • §7.03 Calculation Methods

Chapter 8. PROFIT

  • §8.01 Introduction
  • §8.02 Profit Defined
  • §8.03 Profit on Work Performed
  • §8.04 Determining Profit Percentages on Work Performed
  • §8.05 Profit on Work Performed Prior to Termination
  • §8.06 Profit on Unperformed Work
  • §8.06A Profit on Contracts Not Awarded
  • §8.07 Measuring Profit on Unperformed Work
  • §8.08 Lost Business Revenues
  • §8.09 Contractual Barriers to Recovery of Lost Profit
  • §8.10 Punitive Damages
  • §8.11 Profit on Deductive Charges (Backcharge)

Chapter 9. INTEREST

  • §9.01 Introduction
  • §9.02 Prejudgment Interest in Federal Contracts
  • §9.03 Federal Jurisdiction Interest Statute
  • §9.04 Prompt PayAct
  • §9.05 Prejudgment Interest Under State Law
  • §9.06 Postjudgment Interest
  • §9.07 Interest on Borrowed Funds
  • §9.08 Imputed Interest
  • §9.09 Interest on Retainage
  • §9.10 Interest on Extra Work

Chapter 10. ATTORNEYS' FEES AND CLAIM PREPARATION COSTS

  • §10.01 Introduction
  • §10.02 Contractual Provisions
  • §10.03 Equal Access to Justice Act
  • §10.04 Attorneys' Fees on Miller Act Claims
  • §10.05 Bad Faith Exception
  • §10.06 Recoverability of Costs of Preparing Request for Equitable Adjustments

Chapter 11 PRESENTATION OF DAMAGES

  • §11.01 Summary of Damages
  • §11.02 Use of Graphs
  • §11.03 Expert Analysis

Chapter 12. CLAIMS BY OWNERS

  • §12.01 Introduction
  • §12.02 Failure to Complete
  • §12.03 Cost of Correcting Nonconforming Work
  • §12.04 Cost of Delay
  • §12.05 Lost Profits
  • §12.06 Owner's Claims Against Design Professionals
  • §12.07 Reductions in Scope Through Deductive Changes

Chapter 13. LIQUIDATED DAMAGES

  • §13.01 Introduction
  • §13.02 Purpose of Liquidated Damages
  • §13.03 Developing an Enforceable Clause
  • §13.04 Implementation of the Clause
  • §13.05 Calculating Liquidated Damages

Chapter 14. CONTRACT CLAUSES THAT AFFECT DAMAGE CALCULATIONS

  • §14.01 Introduction
  • §14.02 Clauses that the Owner Should Include in Its Contract with the General Contractor
  • §14.03 Negotiating General Contract Terms and Subcontract Terms: General Contractor's Perspective
  • §14.04 Clauses That the General Contractor Should Include in the Subcontract
  • §14.05 Clauses That the Subcontractor Should Include in Its Subcontract with the General Contractor
  • §14.06 Checklist of Clauses in Negotiation Construction Contracts

Chapter 15. UNIT PRICE CONTRACTS

  • §15.01 Introduction
  • §15.02 Unit Price Contracts Generally
  • §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

Proving and Pricing Construction Claims, Third Edition by Robert F. Cushman, Esq., John D. Carter, Paul J. Gorman, Douglas F. Coppi

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...
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| Price: $297.00 | ISBN: 9780735514454 | Format: Hardcover 
Imprint: Aspen Publishers 

Calculating Lost Labor Productivity in Construction Claims, Second Edition by William Schwartzkopf

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...
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| Price: $297.00 | ISBN: 9780735548930 | Format: Hardcover 
Imprint: Aspen Publishers