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Online Manual

Tricks, Traps and Ploys Used in Construction Scheduling in Washington

Stop construction nightmares in their tracks - get on the right track from the start. Efficiently plan and construct your next project - purchase these reference materials and learn the special details of scheduling. You will get an understanding of contract provisions, scheduling methods, claims avoidance and dispute resolution that will help you stay out of trouble and keep your project on track. In today's construction world, with budgets tightening and fewer projects available, there is very little financial margin in most bids to cover significant problems at the jobsite. At the same time, modern software has become so sophisticated and powerful that devastating delays and disruption can be virtually hidden until it is too late to take meaningful actions. Learn how to protect your and your client's interests by unveiling the methods used by schedulers to hide the truth and determine the real status of your project before the project spirals into a train wreck. Purchase these reference materials to gain the practical insight you need to deal with any challenges that come your way, including tips on avoiding claims through better procedures. Don't wait - order today to make sure you stay on the cutting-edge of your field. Benefits for You •Properly address legal issues relevant to scheduling and recovery of delay damages •Discover the magic behind a critical path method schedule •Steer clear of claims through better internal procedures - partnering and risk management •Get tips on interpreting standard contract provisions Learning Objectives •You will be able to describe types of delays and how to interpret contract provisions. •You will be able to discuss legal issues relevant to recovery of delay damages. •You will be able to explain critical method scheduling. •You will be able to review how to avoid and resolve claims through better procedures.
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview
— Brett M. Hill
  • Identifying Scheduling Tricks, Traps and Ploys
Types of Delays and Interpreting Contract Provisions
— Brett M. Hill and Ryan W. Sternoff
  • Types of Delays
  • Nonexcusable and Noncompensable
  • Excusable and Compensable
  • No Damage for Delay Clauses
  • Acceleration
  • Concurrent Delay
  • Who Owns the Float?
Legal Issues Relevant to Recovery of Delay Damages
  • Legal Burdens and Standards of Proof
  • How Is Completion Defined?
  • Liquidated Damages
  • Consequential Damages
  • Contractor's Damage Calculations
  • Unabsorbed Overhead/Eichleay Formula
Critical Path Method Scheduling - Basic and Advanced Concepts
— Jim Omundson, P.E. and Steven S. Pinnell, P.E.
  • Industry Practice and Overview
  • Recommended Scheduling Specifications
  • Bar Charts
  • Critical Path Scheduling
  • Network Diagramming
  • Computing the Critical Path
  • Tracking, Updating Progress and Accelerating
  • Preparing and Evaluating Time Extension Requests – By Contractors and Owners
Time Impact Analysis and Computing Damages
— Jim Omundson, P.E. and Steven S. Pinnell, P.E.
  • Overview
  • Claim Digger and Other Analysis Tools
  • Time Impact Analysis
  • Other Tools
  • Damages Quantification
  • Impact, Disruption, Inefficiencies and Lost Productivity
  • Typical Owner Defenses and Counter Claims
TIA Scheduling Specifications
— Curt Quick
  • Preliminary Baseline
  • Baseline Schedule
  • TIA
  • CPA
TIA Practical Application
  • Timely Submission/Review/Negotiation
  • Multiple TIA's
  • Discreet Work vs. Delayed Information
Developing and Implementing Strategies to Expose Weaknesses in Delay Claims
— Tymon Berger
  • Schedule Analysis Methods
  • Strengths and Weaknesses of Common Methods
  • Setting the Table Through Interrogatories
  • Preparing for Deposition of Scheduling Expert
  • Spotting Weaknesses and Maximizing Deposition Testimony to Poke Holes in Delay Claim
  • Challenging Admissibility of Scheduling Analysis
  • Cross-Examination of the Scheduling Expert
Claims Avoidance and Risk Management
— Lisa M. Marchese
  • Contract Documents
    • Overview of Common Risk Allocation/Shifting Provisions
    • Identifying and Managing Potential Risk
    • Documenting Reliance
    • Enforceability of Disclaimers
  • Claim Procedure
    • Understanding Claim Procedure at Outset of Project
    • Project Controls to Help Document Claim
    • Project Controls to Help Avoid Claim
  • Notice
    • Strict Compliance The Construction Industry in Washington in the Aftermath of Mike M. Johnson v. Spokane County
  • Summary
    • Practical Advice for Managing Risk Exposure and Avoiding Claims
Avoiding and Resolving Claims Through Better Procedures
— Jim Omundson, P.E. and Steven S. Pinnell, P.E.
  • How to Avoid Claims – Better Specs and Schedules, Tracking Progress, Timely Corrective Action
  • Partnering – Advantages of Teamwork and Collaborative Action
  • Risk Management
  • Warning Signs for Claims
  • Recordkeeping
  • Change Order (and Claim) Preparation
  • Win-Win Negotiation
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Online Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ryan W. Sternoff

Ryan W. Sternoff – Moderator

Ahlers & Cressman, PLLC

  • Partner at Ahlers & Cressman, PLLC
  • Represents clients in construction, real estate, and complex commercial disputes in both state and federal courts
  • Experienced in advising clients in all aspects of construction contracting and performance on Washington state public and private projects, and federal public works projects
  • Admitted to practice in Washington, as well as the United States District Court and Bankruptcy Court for the Western District of Washington
  • Member of the Washington, American, and King County Bar Associations, as well as the Associated Builders and Contractors
  • Named Rising Star by Washington Law & Politics Magazine and Super Lawyers Magazine from 2010 through 2013
  • J.D. degree, cum laude, Seattle University School of Law; B.A. degree in political science, with honors, University of San Diego
No photo available

Tymon Berger

Ashbaugh Beal LLP

  • Attorney in Ashbaugh Beal's Construction Law Group
  • Represents contractors in complex litigation involving public and private construction projects, government contracts, bid protests, and lien and bond claims
  • 10 years in construction industry before becoming an attorney
  • Wrote articles appearing in the Seattle Daily Journal of Commerce, Northwest Construction magazine, ENR, and AGC Works, as well as writing Drawing the Line: A Proposal for Limiting the Form and Function of Construction Manager Project Delivery
  • Frequent contributor to ConstructionAdvisor.net, Ashbaugh Beal's Construction Law blog
  • Member of the AGC of Washington's Legal Affairs Committee and Local Government Affairs Committee
  • Selected as a Rising Star in the field of construction law by Washington Law & Politics/Super Lawyers Magazine
  • J.D. degree, William Mitchell College of Law, St. Paul, Minnesota, where he was a William Mitchell Law Review member and president of the Construction Law Group
Brett M. Hill

Brett M. Hill

Ahlers & Cressman, PLLC

  • Partner at Ahlers & Cressman, PLLC
  • Represents owners, contractors, subcontractors, suppliers, and consultants in a wide range of construction disputes and transactional matters
  • Handled construction disputes and claims in mediation, arbitration, trial court litigation and appeals
  • Experienced in drafting and reviewing contracts for construction projects (both public and private projects)
  • Admitted to practice in Washington and Oregon, as well as the United States District Court for the Western and Eastern Districts of Washington
  • Member of the American, Washington State (Construction Law Section), and King County Bar (Judiciary & Litigation Committee Member) Associations, as well as the National Utility Contractors Association
  • Named Rising Star by Washington Law & Politics/Super Lawyers Magazine from 2010 through 2013
  • J.D. degree, magna cum laude, Seattle University School of Law, where he was on the law review; B.S. degree in economics, with distinction, University of Washington
Lisa M. Marchese

Lisa M. Marchese

Dorsey & Whitney LLP

  • Partner at Dorsey & Whitney LLP
  • Practice emphasizes trial of complex cases involving construction claims, government contracts, commercial disputes and products liability
  • Listed in Chambers USA: America's Leading Lawyers for Business and Best Lawyers in America
  • J.D. degree, Georgetown University; B.A. degree, summa cum laude, Catholic University of America
  • Can be contacted at 206-903-2379 or [email protected]
Jim Omundson, P.E.

Jim Omundson, P.E.

Pinnell/Busch, Inc.

  • Senior project manager, Pinnell/Busch, Inc.
  • More than 30 years construction and design experience including heavy and marine projects in Alaska and California
  • Owner/operator of a general contracting firm on a wide range of civil, commercial, industrial and residential projects
  • B.S. degree in civil engineering with a structural emphasis, Oregon State University
  • Can be contacted at 503-293-6280 or [email protected]
Steve S. Pinnell, P.E.

Steve S. Pinnell, P.E.

Pinnell/Busch, Inc.

  • President, Pinnell/Busch, Inc.
  • More than 36 years of experience managing design and construction projects, and helping contractors and owners avoid and resolve construction disputes
  • Author of HOW TO GET PAID For Construction Changes, McGraw-Hill, 1998
  • Worked on projects in the San Francisco Bay area, Alaska, Korea, Chile and the Pacific Northwest
  • Civil engineer, Oregon certificate number 7745
  • M.S.C.E. degree in construction management, Stanford University
  • Can be contacted at 503-293-6280 or [email protected]
No photo available

Curt Quick

Hainline & Associates, Inc.

  • Principal with Hainline & Associates, Inc.
  • Provides a wide range of construction services for the public and private construction sector including project management and scheduling services for both owners and contractors
  • Knowledgeable in the field of construction scheduling includes both the preparation and analysis through the use of modern scheduling and forensic software
  • Recognized by both federal and state courts an a scheduling expert and has scheduled several multimillion dollar projects by working with contractors and sub-contractors to generate definable cost and manpower/manhour loaded schedules to be utilized as management and analysis tools
  • B.S. degree in construction engineering technology, Montana State University
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Product ID: 393247
Published 2014
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