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Claims and Forensic Analysis


Location:  PMKI > People Skills & Advanced PM Techniques > Claims and Forensic Analysis. 

Many projects end up in various forms of dispute over time, money quality and/or scope. This subject looks at the causes of project failure and how to manage disputes when they arise.

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Topics included in Claims and Forensic Analysis:

- Causes of project failure
- Forensic cost analysis and reporting
- Forensic time analysis and reporting
- Claims & Expert Witness
- Casewatch reports
- Useful external web-links

Other related sections of the PMKI:

- TBA


 


Temporary Subject List - this page is being rebuilt:

Forensic Analysis

Aspects of project management that are primarily focused on understanding the causes of project issues and problems and/or developing and assessing the implication of issues or problems.

Causes of project failure:  
  • Blg: Project or Management Failures? (sources of project failure). The question this blog asks is how many project failures are caused by project management shortcomings and how many failed projects were set up to fail by the organisation’s management?    
  • PP: Trust: a tale of two constructions. This blog contrasts Wembley Stadium to the construction of Heathrow Terminal 5 where collaborative contractual arrangements lead to an on time, on budget construction outcome that is unprecedented for a £4 billion airport terminal.  
Forensic cost analysis and reporting:  
  • PP: Defective Work Claims. This paper canvases both contractual and common law aspects of making and defending claims for defective work. 
  • PP: Balanced Baselines - A Fairer Allocation of Uncertain Risks. The use of a Geotechnical Baseline Report (GBR) in the construction contract provides the parties to the contract with a mutual understanding of the subsurface site conditions (the baseline).    
  • Delay and Disruption - Forensic time analysis and reporting:    
  • PP: Assessing Delay and Disruption - Tribunals Beware. Delay claims, linked to disruption and acceleration cost claims are common. This paper is designed to help ADR and legal professionals understand the options available to disputants in assessing ‘delay’ to help them quickly cut through the fog of expertise present in many major disputes to achieve a speedy determination.  
  • PP: Concurrent Delays in Contracts. The concept of concurrent delay is a strongly contested topic in the building and construction industry.  The aim of this paper is twofold. The first is to identify the variety of principles or methodologies that may be followed in resolving parallel delays disputes. The second is to outline the various practical aspects relating to dealing with concurrent delays disputes.
  • WP: Concurrent and Parallel Delays. A review of independent, serial and concurrent delays.  
  • Blg: Dealing with client delay. Preventing or minimising client induced delay is a common issue.  Whilst this type of delay can never be completely eliminated, they can be reduced by applying this pragmatic six stage approach.
  • The AACEi Recommended Practice No. 29R-03 FORENSIC SCHEDULE ANALYSIS can be downloaded from http://web.aacei.org/resources/publications/recommended-practices (free download for AACEi members, - non-members purchase for US$50)
  • The Society of Construction Law (SCL) Delay and Disruption Protocol provides guidance to all parties to the construction process when dealing with time/delay matters. The SCL Protocol can be downloaded from: http://www.scl.org.uk/ (free for personal use).  See also the Guide to Good Practice in the Management of Time in Complex Projects.
Claims & Expert Witness: Including claims presentation and the legal aspects of forensic analysis:

Assessing Schedule Delay and Disruption

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  • Mosaic's published papers focused on assessing delay and disruption to contracts:
 
Claims and Claim Management
   

The factors needed to establish a viable extension of time (EOT) claim are outlined in a paper presented to the IAMA 2011 National conference: see: Assessing Delay and Disruption. the special case of parallel delays is discussed in WP1064.

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Contract Law
   
- Resources - Mosaic's Casewatch Legal Summaries 
   
- Effective dispute management is an important part of contract management. WP1049 discusses dispute management in the Australian context. 
   

Useful external web-links

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