Combat Scheduling Abuse—and Aim for Dispute-Free Projects
The intended purpose of construction project schedules is to assist with proper project planning and coordination—and to prevent future delays. Unfortunately, contract parties can instead play construction scheduling games to build, rather than mitigate, claims. Learn to nip this behavior in the bud, get everybody back to work, and complete a dispute-free project.
Join industry experts James G. Frank, Jr., Emily Federico and Stephen Pitaniello to learn 15 common scheduling games and more than 45 defenses to prevent schedule gamesmanship. In three sessions of 90 minutes each, the presenters will examine the scheduling games issue in detail—and then present concrete, actionable solutions. For instance: Learn how to set effective expectations during the project design phase; redraft contracts with claims-prevention language; and take daily action during a project to manage the schedule even in the absence of clear schedule specification language.
Whether through intentional strategy, sloppy scheduling practices, or inattention to schedule specifications, the game-playing on construction projects is real. And depending on what the specs say, contractors can lose their rights, and owners can lose their shirts. After attending this series, you'll understand the various types of games you're likely to encounter and how to combat each—proactively, contractually, and to the benefit of your project profits.
Note: This is a three-part webinar series presented in 90-minute sessions. Each session will conclude with a 10-15 minute, interactive question-and-answer period.
This program will explain the following issues and the challenges they cause:
- Multiple critical paths
- Multiple schedule calendars
- Preferential logic
- Open-ended schedule activities
- Float ownership and sequestering of float
- Early-completion schedules
- Mission or added constraints
- Long lead time procurement activities
- Scheduling of owner furnished contractor installed (OFCI) items
- Improper and manipulated updates
- Unsubmitted, late, and inaccurate baseline submittals
- Critical path method (CPM) software settings
Who Should Attend:
- Construction contractors and subcontractors
- Construction managers
- Project owners
- Design professionals
- Construction law attorneys
Jim is the Senior Advisor to the recently formed Ankura Construction Forum™. The Forum strives to be the construction industry's resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Jim was the founder and Executive Director of the Navigant Construction Forum™. Formerly he was the Executive Director, Corporate Claims Management Group, Fluor Corporation, one of the world's largest EPCM contractors. Prior to this Jim was Vice President of PinnacleOne and Executive Director of the PinnacleOne Institute and a Senior Construction Claims Consultant for CH2M HILL, Inc. He has, for 46 years, worked on both private and public projects throughout the U.S. and in 28 countries abroad. Jim has worked for both contractors and owners on more than 5,000 claims in his career. He a Fellow of AACE International, the Royal Institution of Chartered Surveyors and the International Guild of Project Controls. In the construction claims field, he is a recognized and published expert in mitigation, analysis and resolution or defense of construction claims and disputes. Jim is a Certified Construction Manager (CCM), a Certified Forensic Claims Consultant (CFCC), and a Project Management Professional (PMP).
Emily Federico is an Associate Director in the Fairfield, CT and New York offices of Navigant Consulting, Inc. Ms. Federico's experience includes the preparation and analysis of various schedule delay, acceleration, loss of productivity and cost overruns claims. Tasks performed included critical path method (CPM) schedule development and detailed analyses, damage analyses, and issues analysis based on contemporaneous project documents. Ms. Federico has also provided litigation support for depositions of Navigant experts as well as cross examination of opposition, mediation presentations including her own, and preparing Navigant's expert for trial testimony in Federal Court. Ms. Federico's experience while at Navigant Consulting includes the following construction project types: airports, retail shopping malls, bridges and highways, schools and universities, condominiums, spent fuel power plants, and wastewater treatment plants.
Stephen Pitaniello is a Managing Director in Navigant's Global Construction Practice. Mr. Pitaniello is a registered professional engineer with more than 20 years of diverse construction and engineering experience. His broad range of construction experience includes construction management, engineering design, estimating, contract administration and inspection in both the public and private sector. Mr. Pitaniello assists owners, contractors, design professionals and their legal counsel on a wide variety of capital projects. His advisory consulting experience includes Critical Path Method (CPM) schedule development, owner's representation services and project risk management services. His dispute resolution experience includes the preparation and analysis of various complex delay, acceleration, loss of productivity, disputed extra work and professional liability claims. He provides technical services that include detailed schedule analyses, construction cost accounting, damage analyses, disputed extra work reviews, issue analysis, E&O analyses, litigation support and expert testimony on a variety of projects.