Since its inception in the 1950s, Critical Path Method (CPM) scheduling has become the primary tool for establishing entitlement to delay damages. Every manner of "expert" has opined on the schedule impact of changes, employing a variety of schedule analysis techniques, to demonstrate why time extensions should be allowed or not. Unfortunately, sometimes these opinions differ widely, bordering more on advocacy than independent judgment.
To help make sense of the credibility gap, Construction Claims Advisor has teamed up with consultants Stu Ockman and Pat Galloway along with attorney Lou Bagwell to steer you through this perennial conflict.
Delay analysis - what does the law say?
This recording will help you avoid having your complete delay claim or claim defense completely undermined by the scheduling equivalent of less than full disclosure. Join us to find out:
- The most common analysis methods and which are most susceptible to partiality
- How schedule specs influence project administration and delay analysis techniques
- How board, and some state and local judges, make their own judgment of an expert¿s credibility
- How to establish the veracity of your expert's work product, if you really want to know
- Matching the analysis effort to the claim scope; will recovery of attorney and consultant fees follow?
- Will public agencies use the False Claims Act to police cooking the schedule as well as the books?
- The case for joint schedule analysis, is it a viable solution?
- AND MUCH, MUCH MORE!
Meet Your Presenters:
Stu Ockman is President of Ockman & Borden Associates, project management consultants specializing in project planning and control, claims management and claims avoidance. He has more than 25 years experience in engineering and construction management utilizing computerized project management systems for scheduling, estimating, cost control and financial analysis of projects including rapid transit systems, refuse-fired steam generating plants, food processing facilities, power plants and industrial research centers. Mr. Ockman is a registered professional engineer and holds a B.S. in Civil Engineering from Cornell University, an M.S. in Construction Management from Stanford University, and an MBA from the University of Pennsylvania, Wharton School. Mr. Ockman has testified in numerous construction disputes before the boards and courts, frequently representing the Corps of Engineers, NASA and the Department of Justice. Ockman's testimony was instrumental in the landmark Gulf case which established time impact periods as a reasonable delay analysis method, and the more recent Fru-Con entitlement and quantum decisions, where the board went to great lengths in detailing the various impacts incurred on the project and their treatment in the schedule analyses. |
Dr. Patricia D. Galloway is chief executive officer of The Nielsen-Wurster Group, an international management-consulting firm with offices throughout the United States, Europe and Asia-Pacific. She provides management consulting, risk management and dispute resolution services on projects around the world; and is a recognized leader in project controls, risk analysis, and delay and disruption. Dr. Galloway is a member of the National Science Board and the first woman to serve as president of the American Society of Civil Engineers. Dr. Galloway is a registered professional engineer in ten states, Manitoba, Canada and a Charted Engineer in Australia. She holds a B.S. in Civil Engineering from Purdue University, an MBA, magna cum laude, from New York Institute of Technology and a PhD from Kochi University of Technology (Japan). |
Lou Bagwell is a partner in the law firm of Baker Botts LLP where he specializes in complex commercial litigation, especially banking and construction disputes both in the United States and internationally. Mr. Bagwell often represents clients in arbitrations, mediations, and presentations before dispute resolution boards. He also serves as an arbitrator, and is certified by several international agencies including the London Court of International Arbitration and the International Center for Arbitration. He has handled construction arbitrations in such diverse regions as the Republic of China, Sweden and the Republic of Georgia. Mr. Bagwell received a B.S. in Government and History with honors from the University of Texas and is a summa cum laude graduate of the University of Houston Law Center where he served as editor of the Houston Law Review. |
