Construction DElay Expert
Schedule Analysis, Construction Delay Analysis, Critical Path Methodology, Construction Schedule,Construction Delay Expert and Construction Defect Expert Witness Offerings,
Firstly, construction claims can stem from numerous different issues. These defects include construction delays, construction defects, critical path, construction schedule, substantial completion issues and the like. However, a qualified construction expert with risk management and construction claim expertise can assist to limit risk exposure to these items. If construction claims arise a bonafide construction expert witness will be needed. This claims expert can assist in understanding and presenting information relevant to the construction claim. Hence, negotiations, mediation, arbitration as well as in court proceedings can be properly supported by legitimate expert findings.
At a high level, construction experts report that construction defects initiate from any number of places. Certainly, mechanical engineering, electrical engineering and plumbing – MEP, and Building Information Modeling (BIM) defects represent many construction defects and delays. Additionally, architectural, chemical engineering, process engineering, structural design, fire and life safety systems, power and utilities are which cause construction delays. Related construction claims in Philadelphia, Pennsylvania, New Jersey, New York, Texas, North Carolina, Maryland, North Dakota etc., have been observed by us first hand. More construction defect information can be found here:
Construction Expert, Schedule Analysis, Risk Management Expert, Building Information Model Expert, BIM Expert Services
Cogent Experts, LLC headquartered in the Philadelphia Main Line area, has extensive experience in BIM, 3D Modeling, 3D Design, construction, engineering, project management etc. Of note, BIM is a great tool when properly used by qualified individuals. Communication around BIM inputs, edits and modifications is a necessity. Mostly, coordination between various design and engineering disciplines is essential. Chiefly, MEP (mechanical, electrical, plumbing) including piping, HVAC, chillers, ductwork, structural steel, electrical, civil, are crucial in BIM. step in the design, engineering and construction of a facility. Lastly, project management is also a common source of error and defects on projects.
Construction Delay Analysis
Construction delay claim analysis by a construction expert is a important step in a legal proceeding. Mainly, as the construction process complicated, determining and proving a construction delay claim requires a construction expert with deep understanding of project or process. This expert witness is a great advantage in a construction claim case for project managers, facility owners, architects, engineers, contractors and subcontractors. Chiefly, this construction claims expert should have a firm understanding of critical path delays, construction scheduling, substantial completion, standard of care engineering, project management, change orders etc.
Lastly, impact of a delay claim is typically developed on a multitier classification system where the construction expert witness analysis provides answers to a relevant questions. The general types of schedule delays for construction projects includes: Critical Path and Non Critical Path, Excusable Delay and Inexcusable Delay, Compensable Delay and Non Compensable Delay.
How a Construction Expert Witness Analyzes Critical Path Delays
As you would expect, a critical delay is a delay determined by a construction claims expert by analyzing project milestones and the overall project completion date. It is important to note that a critical delay is generally not correctable in that extra time will be added to the project schedule. In essence, a critical delay is a delay that affects the critical path timeline (and overall timeline) of the project. CPM or Critical Path Methodology is used to analyze a project, or portions thereof, to determine which activities are on the critical path schedule. This requires an expert.
Excusable or Inexcusable Delay? What does the Construction Expert say?
Following the determination of whether or not an activity in a construction delay is critical, a construction expert determines whether or not the delay is excusable. For excusable delay, it may be a delay that will allow the contractor: Extension of Time, Compensation for Costs, or both. However, inexcusable delays related to the project are delays where the contractor was fully responsible for the extension of the project schedule / duration. In this case, the contractor will be liable for any additional costs and/or damages related to the delay. Typical inexcusable delays relate to poor planning and scheduling by the contractor. Lastly, failing to obtain proper permits or procure equipment by the contractor in a timely fashion is also common.
How a Construcion Damages Expert Witness Defines Compensability
Additionally, analysis to determine whether or not the delay is compensable or not is performed by a construction expert and/or counsel. This may include analysis by a construction damages expert. Generally compensable means whether or not the party affected by the delay, such as the project or facility owner, should be compensated by an extension of time or compensation for costs relating to the delay, or both. As an example, excusable delays are generally compensable where a given contractor may receive an extension of time or additional costs compensation. However, in the instance a given contractor is at fault for the delay, the delay will likely be non-compensable subject to the terms of the construction contract. Know your construction contract!
Construction Delay Claims Defenses
While there are numerous ways to defend construction delay claims, there are few defenses used somewhat routinely:
Construction Contract Language
In basic terms, contract language may state there SHALL be NO damages for delay and/or that delays are not compensable. It is important to note however, that statute limitations may or may not substantially allow this provision.
Concurrent Schedule Delay
it may be shown that multiple activities of the project caused delays, such as illustrating that the delay activities and schedule effects cannot be attributed to a singular party and/or effect.
Contractor Improper Notification of Delay
This is the instance where it may be shown that a contractor failed to notify the project owner of a delay in the time as stipulated in the construction contract.
Essence of Time
All parties involved with a given project are responsible to complete their work as agreed regardless of external forces.
Force Majeure
This category generally describes Acts of God, such as activities/events outside of the control of all parties. Force Majeure events are typically described as unforeseeable during the bid and/or contract time and not related to negligible acts.
Expert Witness and Forensics Industry Experience:
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