White Paper

11 Pages
  • 11 Pages

Use of Experts in CPM Scheduling


Impacts and delays can add up fast!

In In re Hensel Phelps Construction Co., the Armed Services Board of Contractor Appeals examined the testimony of the contractor's expert witness and the government's expert witness on their CPM scheduling techniques and testimony. The contractor) was seeking $964,009 on behalf of one of its subcontractors for impacts and delays caused by defective plans and specifications. An expert witness on behalf of the contractor and subcontractor rendered the opinion that productivity was adversely affected by the sheer number of RFIs and change orders. In contrast, the government's expert, in his analysis of delay and productivity loss, prepared a number of charts, which showed the following: Only about 50 percent of the RFIs related to the subcontractor, and of of those RFIs relating to the subcontractor's work, the government took more than 30 days to respond in only 5 percent of the RFIs. He also determined that there was no correlation between the number of RFIs and change orders and the labor inefficiency claimed by the subcontractor's expert Stewart's man hours were what
one would expect for the type of work in question. Read this white paper to find out what the Board of Contract Appeals decided. This white paper also reviews excusable, consequential and sequential delays.



Victor F. Luke, Esq.

Gibbs Giden Locher Turner Senet & Wittbrodt LLP

  • Partner in the office of Gibbs Giden Locher Turner Senet & Wittbrodt LLP
  • Practices primarily on the litigation of construction, business transaction, real estate, and insurance disputes
  • Practicing litigation attorney in California and Nevada
  • Clients include owners (public and private), general contractors, subcontractors and suppliers
  • Conducts regular seminars and publishes articles and book chapters on numerous topics in construction law
  • Super Lawyers Rising Star
  • J.D. and B.A. degrees, University of California Los Angeles
  • Can be contacted at 310-552-3400 or [email protected]

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