The Holloway Consulting Group provides construction scheduling consulting and CPM scheduling services to a wide range of construction clients. Some of our projects and cases are shown at Construction Cases and Consulting Engagements.
CONSTRUCTION SCHEDULING CONSULTING
Our experiences as construction scheduling consultants tell us the contract should address project schedule delay and provide a basis for equitable adjustments to the time and cost of performance, according to the risks and rewards that have been allocated amongst the parties. Because project delay costs can be significant for both the owner and contractor(s), the parties to a contract should define their responsibilities, assign risks, provide specific time requirements, and establish procedures for resolving disputes.
CPM SCHEDULING CONTRACT PROVISIONS
Provisions related to CPM scheduling and risk allocation vary from contract to contract. Hence, part of our construction scheduling consultant services is to review the scheduling provision to determine if the same as provisions that have been previously encountered. Risk-shifting or exculpatory clauses may by their very nature relieve one of the parties from obligations that it would ordinarily have as a matter of law. As a general rule, exculpatory clauses that shift risks from one party to another have been accepted by the courts, but other more onerous provisions which attempt to completely relieve a party of its fundamental legal responsibilities have not.
Most construction contracts we work on as construction scheduling consultants include standard clauses covering delay in performance and time extensions. (As discussed in Issue No. 12, delays are classified as compensable, excusable, non-compensable or non-excusable.) Typically, these clauses provide that, for causes of delay that are not under the control of either party (excusable/non-compensable delay), such as strikes, weather, and acts of God, the contractor is entitled to an appropriate time extension for the resulting delay, but the owner is not responsible for any delay-related additional costs incurred by the contractor.
Likewise, most standard clauses do not provide relief to the contractor for contractor-caused (non-excusable) delays and may require the contractor to pay the owner damages for such delay, when liquidated damages for delay in performance are stipulated. With respect to owner-caused (compensable) delays, however, contract provisions vary. Some state that regardless of the owner’s responsibility, the contractor is not entitled to damages for delay; others either expressly or impliedly indicate the contractor’s entitlement to monetary relief. (No-damage-for-delay and liquidated clauses will be addressed in a future post.)
The Holloway Consulting Group, LLC
10885 W. Beloit Pl.
Lakewood, CO 80227
Phone: (303) 984-1941
Fax: (303) 716-0432
Selected Pages at Disputes In Construction.com
Claims Consultants | Schedule Delay Claims Consultants | Construction Defects Consultants | Change Order Consultants | Advisory Services | Schedule Consultants | Contractor Claims | Disputes Blog | Expert Witness Services | Holloway Consulting Services | Claims Consultants | Measured Mile Claims | Impossibility of Performance claims | Time Impact Analysis | Delay Claims Consulting Services | Construction Labor Productivity Consultants | Disputes Services | Delay and Disruption Claims | Expert Witness | Holloway Consulting – Construction Consulting Firm | Contractor Claims Services | Damages Experts | Repair Cost Allocation | Defects Expert | California Resort Hotel | Construction Expert | Expert Witness | Construction Expert Witness | Litigation Support Services | Construction Litigation Support | Construction Management | Contact Holloway Consulting | CPM Scheduling Consultants | International Construction | Louisiana Construction Expert | Measured Mile Experts | Project Management | Industry Sector Experience | Experience in Colorado | Steve Holloway’s Experience | Structural Steel Claims |