Forensic Schedule Analysis & Discretionary Logic

Let’s face it: Forensic Schedule Analysis (FSA) and real time schedule review do not handle CPM schedules with significant amounts of discretionary logic very well. While major theoretical and practical advancements have been made on what FSA methodology is most appropriate to evaluate schedule delay in the last decade, largely through the introduction of AACE's RP29R-03, the role of discretionary logic often is poorly addressed.

Nevertheless, discretionary logic — the type of logic that is not dictated by either the contract or the physical necessity of the project — continues to cause difficulty for fair and accurate analysis of schedule updates during the course of the project in the construction industry. Further, these analytical problems persist in the methodologies associated with post-construction FSA.

This recorded webinar highlights several applications and refinements of existing forensic delay methodologies, particularly As-Planned vs. As-Built, Contemporary Period Analysis and Collapsed As-Built, which can assist in identifying the as-built critical path and delay responsibility in projects with significant amounts of discretionary logic.

Listen to this information-packed webinar to:

• Understand the basics of the major forensic delay methodologies
• Gain information on the role of discretionary logic in CPM schedules
• Discover how to consider and address discretionary logic in forensic applications
• Identify which FSA methodologies can address discretionary logic with little problem
• Determine how to adapt some methodologies to appropriately address discretionary logic

John Livengood, Esq., AIA, FAACE: is a Managing Director in San Francisco with Navigant’s Global Construction Practice and is President of the AACE International. He has more than 40 years of experience in construction, design, claims and delay analysis and development as well as litigation support. He is a registered architect and attorney. John’s has developed and defended claims for and against owners, contractors, designers and governmental entities on large (and a few small) projects of all types.

John has served an arbitrator in ICC and UNCITRAL proceedings as well as dozens of times as an expert witness in court and arbitration proceedings throughout the world. This work has generally focused on delay claims with associated productivity and costs issues. He is active in numerous professional associations including the American Bar Association (ABA) and the International Bar Association (IBA). He has published numerous articles in industry magazines including: ENR, Cost Engineering, The ABA Construction Lawyer and International Construction Projects. John speaks regularly at conferences hosted by the AACE, ABA, IBA, CMAA, DRBF and ASCE. He is one of the principal authors of the AACE Recommended Practice on Forensic Schedule Analysis (2011) and a contributor to a forthcoming book published by the ABA on the law of schedule delay.

Who will Benefit?

This recorded webinar is a must if you’re a public or private owner, construction manager, contractor or design professional involved in resolving disputes associated with delay or a construction manager or contractor dealing with construction issues, schedule delays or claims. Register now to gain key insights from our knowledgeable experts on this important topic.