Claims and Forensic Analysis

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

 

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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:  

• Mosaic's list of annotated construction & engineering claims web links
• Ashurst's Scope for Improvement series of reports focused on major Australian construction projects
  -  2006 report
  -  2008 report
  -  2011 report
  -  2014 report  
  Blg: Scope for improvement 4. A summary of the 'scope for improvement' reports.   
  Blg: Scope for improvement 4 pt2. The management and delivery of mega projects in Australia; focused on the interlinked topics of productivity, innovation and training.  
• 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.  
  

• Casewatch Reports - a series of reports describing Australian court judgements that affect project and construction management: go to the casewatch summary page
  

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:

• Blg: Using a Risk Management approach for Assessing Claims. Balancing the inevitable costs of pursuing a claim against the possible gains is a difficult but necessary decision before moving forward.     
• Art: Fairs Fair - Process & Procedural Fairness. When you have to deliver bad news to a person, the processes you use are at least as important as the decision you have made.  

Assessing Schedule Delay and Disruption

• Mosaic's published papers focused on assessing delay and disruption to contracts:
• Assessing Delay and Disruption - an overview of the accepted methods of forensic schedule analysis [ view the abstract ]
• Prolongation, Disruption and Acceleration Costs - an overview of the options for calculating costs associated with approved delays and acceleration [ view the abstract ]
• The complexities around concurrent and parallel delays are discussed in a series of papers focused on Concurrent Delays in Contracts and Mosaic's White Paper WP1064 Concurrent and Parallel Delays

 

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Useful external web-links

• Delay and Disruption Protocol - The Society of Construction Law (UK): https://www.scl.org.uk/resources/delay-disruption-protocol
   
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