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The Holloway Consulting Group, LLC – Top Ten Worldwide Construction Consultants

Staff — Tue, 24 Apr 2012 16:48:27 +0000

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The Holloway Consulting Group, LLC

Top Ten Worldwide Construction Consultants

Construction Consulting Services

Expert Witness Services

Advisory Services

Management Services

We have worked in the field as constructors, engineers, managers and executives completing construction projects valued at over $15 billion, and have provided consulting services on projects valued at an additional $20 billion. Many of these projects can be seen at Construction Industry Sectors Experience. Some of our current projects can be seen at Holloway Projects.

The information on our websites is informational and marketing related, and does NOT necessarily represent our expert opinions. If you have an interest in our opinions on a particular project or topic, it would be best if you retain us first. Thank you, Staff.
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CONTACT THE HOLLOWAY CONSULTING GROUP, LLC

The Holloway Consulting Group, LLC
Construction Consultants
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701

Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com
2-7-12
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Expert Scheduling Consultants in Construction

Staff — Wed, 28 Mar 2012 12:58:20 +0000

Various parties in the construction process often seek assistance from scheduling experts. The Holloway Consulting Group, LLC has completed over $40 billion of construction around the world and is a leading consultant and expert in construction scheduling. This post continues our series on the construction scheduling process by examining progress measurement and reporting.

Expert Scheduling Consultants in Construction

Schedule Progress Measurement and Reporting

After preparation and approval of the schedule, the contractor should begin the process of preparing accurate and timely periodic updates. As the project progresses, the schedule provides a record of what has occurred and when. If a claim situation arises, and this information is not available, the contractor may have a very difficult time demonstrating delay. This is not to say that the owner should be indifferent toward schedule updating. Proper presentation of progress is essential in managing a project, and accurate updating obviously is beneficial to both the owner and the contractor. Further, updates are mandatory where the schedule updates and progress are used to measure progress payments. When schedule progress information is used for contract progress payments, periodic schedule updates should incorporate the scope and value of approved change orders, approved time impacts, and revisions to contract milestones.

Whether using a CPM or bar chart schedule, two items are important to reporting progress; the percent complete or remaining duration and actual start/finish dates for each activity. At each update, the percent complete for each activity in the schedule should be evaluated. This percent complete should be based, wherever possible, on physical progress; i.e., 100 tons of reinforcing bar in place out of a total of 1,000 tons, or 10 percent. In the alternative, remaining duration should reflect the contractor’s best estimate of how many days will be required to complete the activity.

Each activity in a CPM schedule can be assigned a weighting factor, which is normally based on the estimated man-hours to be spent for that activity divided by the total man-hours for the project. The total of all the weight factors for the project will equal 100. From this, a percent complete can be calculated against the as-planned schedule for any point in time, and “S” curves or progress curves can be produced to show planned versus actual progress. In the alternative, when the schedule is used as the basis for payment applications, budget values are assigned to each activity and activity earned values can be used to measure the total value of work performed and cumulative percent complete.

Logic or activity relationship changes may also need to be entered into the project schedule, particularly where pending or approved change orders are involved. The schedule is a dynamic, evolving document that tends to change over time as the project changes. In fact, the original schedule will probably be accurate only for the first month or so. Failure to prepare accurate periodic schedule updates is a predictable characteristic of problem projects.

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The Holloway Consulting Group, LLC
Construction Scheduling Consultants and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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See Related Selected Pages at our site disputesinconstruction.com

Construction Claims Schedule Critical Path

Staff — Sat, 17 Mar 2012 21:27:24 +0000

As an international construction consulting firm, one of The Holloway Consulting Group’s roles is serving clients as scheduling experts and consultants. Some of The Holloway Consulting Group’s experiences as Scheduling Consultants are shown at Construction Design, Schedule Delay and Damages Claims and our blog at Construction Schedule Delay Claims covers some of the basic schedule delay concepts that we use as Scheduling Consultants.

CONSTRUCTION CLAIMS MITIGATION

SCHEDULE ADMINISTRATION

CRITICAL PATH IDENTIFICATION iii

The critical path is the longest work sequence through the schedule, and the shortest time in which the project can be completed. Activities on the critical path are priority items, and if they fall behind schedule, the completion of the project will likely be affected. Therefore, the contractor should identify the critical path(s) from the outset of the work. Identification of the critical path is simple with CPM software programs such as Primavera Project Planner and Microsoft Project that produce basic reports showing pertinent information, such as activity float. Negative float notwithstanding, activities that have zero float will be on the critical path. However, the contractor should not be drawn into thinking that only critical path activities require priority. Activities with lower float values (i.e., less than 30 days) usually require close monitoring.

If the contractor is using a Bar Chart, or Gantt chart, as the primary or sole tool to schedule the work, identifying the critical path becomes more difficult, if not impossible, depending on the size of the project. As the number of activities increases, this task becomes correspondingly more difficult. Manual calculation of the critical path is a major disadvantage of a bar chart schedule. Without critical path identification, it is difficult to identify and manage priority work items, and gauge the potential impact of changes.

SHORT-TERM SCHEDULES iv

The contractor is encouraged to use short-term barchart schedules in concert with and derived from the overall CPM schedule. Experience has shown that two or three-week look-ahead schedules, developed by the project manager or superintendent, can effectively supplement the scheduling process by breaking general activities into greater detail and placing emphasis on activities that must receive immediate attention.

However, we often see a lack of coordination between long and short-term schedules. For example, if the CPM schedule shows a 30-day foundation activity starting on December 1 and finishing on December 30, the short-term barchart should show the detailed excavation, formwork, reinforcing, and placement work being completed over the same time period. We have seen many cases where, using this example, the short-term and long-term schedules for the foundation would use different time frames, thus defeating one of the purposes and benefits of the scheduling process.

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The Holloway Consulting Group, LLC
Construction Advisers, Managers, Consultants and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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See Related Selected Pages at our site disputesinconstruction.com (2-12-12)

Construction Claims Mitigation Owner’s Schedule Approvals

Staff — Tue, 06 Mar 2012 13:25:53 +0000

The Holloway Consulting Group is an international construction consulting firm, and one of our roles is serving clients as Scheduling Consultants. Some of The Holloway Consulting Group’s experiences as Scheduling Consultants are shown at Construction Design, Schedule Delay and Damages Claims and our blog at Construction Schedule Delay Claims covers some of the basic schedule delay concepts that we use as Scheduling Consultants.

CONSTRUCTION CLAIMS MITIGATION

SCHEDULE ADMINISTRATION

THE OWNER’S SCHEDULE APPROVAL

The owner’s review and approval of the baseline schedule brings into play both implied and express warranties. Implied warranties arise out of the working relationship between the parties and the relationship the law gives to them. Of particular importance is the effect of schedule approval. Some contracts state that the schedule will be submitted to the owner purely for informational purposes. Other contracts provide for formal schedule approval by the owner (we prefer this approach).

On the other hand, by approving the schedule, the owner is expressly obligated to perform to meet schedule dates and milestones, and perform within the time frame and logic established by the schedule that are the owner’s responsibility. The general rule is that if the owner approves or does not reject or raise timely objections to a contractor’s schedule specifying certain dates for owner performance, the owner will be bound by the schedule and expected to meet its obligations.

An owner who does not require submittal and approval of schedules, and does not provide clear delineation of its performance requirements, places itself in a passive role and hampers its ability to monitor and expedite the work. In the absence of a formal rejection, failure to approve the schedule may be found to constitute implied acceptance, and an owner may be bound to the terms of the schedule.

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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Construction Experts Claims Mitigation Prevention Scheduling

Staff — Sun, 26 Feb 2012 01:55:17 +0000

The Holloway Consulting Group is an international construction consulting firm, and one of our roles is serving clients as CPM Scheduling Consultants. Some of The Holloway Consulting Group’s experiences as CPM Scheduling Consultants are shown at Construction Design, Schedule Delay and Damages Claims and our blog at Construction Schedule Delay Claims covers some of the basic schedule delay concepts that we use as CPM Scheduling Consultants.

MITIGATION OF CONSTRUCTION CLAIMS

SCHEDULE ADMINISTRATION

A contractor can do a lot prior to construction to increase the chances for profitability, reduce the likelihood of claims and, in the event of a claim, to better position itself for recovery. This is particularly true with respect to the development of a sound bid and cost control budget. The subsequent preparation of long-term and short-term schedules, the proper application of contractual language in scheduling clauses, and the administration of the schedule over the life of the project are also important, and are the subject of this article.

AS-PLANNED SCHEDULES i

The As-Planned Schedule is the schedule developed by the contractor and approved by the owner at the beginning of the project. The guidelines for preparation, approval, and maintenance of the as-planned, or baseline schedule, may be made a part of the contract documents. That being the case, the importance of the as-planned schedule will have been formally established.

The need for a high quality as-planned Critical Path Method (CPM) construction schedule containing administration, engineering, procurement, approval, construction and closeout activities, prepared by senior contractor personnel with subcontractor input, cannot be overemphasized because it:

1. Represents the contractor’s plan to carry out the work, and forms the basis for executing the project, including the contractor’s means, methods and sequences.
2. Forms the basis of the contractor and owner’s deliverables, milestones and procurement, and may consider the contractor’s resource and owner’s funding constraints.
3. Provides a sound working tool to carry out day-to-day management activities, while a poorly thought-out schedule will often lead to poor work execution.
4. Becomes the baseline for what the parties foresee at the beginning of a project.
5. Provides a basis for progress measurement and applications for payment.
6. Is a tool for analyzing impacts to the contract, developing alternate plans and demonstrating entitlement to delay, disruption, out-of-sequence work and acceleration .

In the absence of a properly developed and updated schedule reflecting the basis of the bid pricing, the management of the project and resolution of time-related and inefficiency disputes usually becomes much more challenging.

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Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
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Defective Plans Specs Claims – Constructability Bidability

Staff — Fri, 24 Feb 2012 14:13:57 +0000

The Holloway Consulting Group, LLC has posted a series of articles here at hcgexperts.com on how we work as Construction Claims Consultants to assist and advise our clients on the resolution of construction claims and disputes. We have also posted a Contractor Claim Entitlements summary at disputesinconstruction.com.

This post is on contractor construction claims and entitlement associated with Defective Plans and Specs, or Defective Contract Documents, and how constructability reviews can be of benefit to the owner.

Defective Plans Specs Claims

Constructability and Bidability Reviews

The 15,000 subscribers to our newsletter recognize the need for the parties to review the contract documents, plans and specs for errors, omissions and conflicts that lead to claims. In addition, work products of design professionals can also be subjected to construct-ability and bid-ability reviews, using the services of engineers and inspectors or outside consultants. The goal is to produce a basis for the bid that is not only clear as to design intent, but also clear as to construct-ability.

But how can the owner and his agents determine whether the contract bid package is an adequate basis for a bid? The architect and its consultants can provide service to the owner (and minimize their own liability) by ensuring that:

1. Specifications and divisions are appropriate and conform to a standard industry format.
2. Procedures for contractor material substitutions are clear.
3. Appropriate material and equipment standards are specified.
4. Sole source or brand name materials or equipment are eliminated or minimized.
5. Technologies and systems are consistent.
6. Plans and specifications allow the selection of appropriate construction means, methods and techniques.
7. Cross-reference of drawings and specifications are complete.
8. There is a complete description of owner-furnished items.
9. Definitions of items of work provided by each contractor for multiple contracts are clear.
10. Quality control responsibilities of the contractor and owner are defined, with clear statement of tests and access requirements.
11. Submittal requirements are clear.
12. Review period for submittals is identified and appropriate.
13. The construction schedule is feasible and clearly defined with schedule interface points identified.
14. Completion dates are specified.
15. Supplemental data is referenced.
16. Disposal areas for excess material and waste are identified.
17. Divisions of work are identified at contractor interfaces.
18. Drawings are sufficiently detailed and work scope is defined.
19. Structure of the bid form and bid schedule is clearly defined and unambiguous.
20. Proper units are used for bid items.
21. Bid items are clear as to scope.
22. Bid quantities are reasonable for the scope defined.
23. Bid items are coordinated with drawings and specifications.
24. Progress measurement and payment mechanisms are clearly defined and reasonably coordinated with bid items v.
25. Change order and change request procedures are defined.
26. The plans are consistent with the owner’s budgetary requirements vi.

And, the right side bar of each page here contains other articles and posts on defective contract documents.

The Holloway Consulting Group, LLC
Construction Managers, Consultants and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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See Related Selected Pages at our site disputesinconstruction.com (2-12-12)

Construction Contract Claims Consulting Expert Witness

Staff — Fri, 24 Feb 2012 14:05:23 +0000

Having worked as construction claims consultants and experts over the past 22 years, Holloway Consulting understands the challenges contractors face in achieving profitability on projects. This is the latest page in our series about how Holloway Consulting helps contractors resolve claims and disputes and remain profitable.

Construction Contract Claims

Disputes Consulting Expert Witness Work

Construction Reality Versus Utopia

In utopia, the owner never makes any changes – the A/E’s documents are error-free – the contractor performs perfectly – and Mother Nature behaves herself. Regrettably, construction utopia does not exist. In the real world, with uncanny predictability, the forces of the Owner, A/E, contractor, and Mother Nature often combine to create conflict: The Owner changes his mind – The A/E changes the design – The Contractor fails to perform properly – Mother Nature changes what the others have missed. A claim results.

Construction Claim Elements

The 15,000 subscribers to Holloway’s newsletter understand that a construction claim is an unresolved dispute between the parties to a construction contract that is comprised of three elements:

1. Entitlement – the contractual or legal basis of the claim,
2. Quantum – the damages or dollar value of the claim, and
3. Causation – the relationship between the entitlement and the damages.

Any one element, without the other two, is of little value.

Claims are a common element of today’s construction industry. The contractor who proudly boasts, “My company has never had a claim”, is endanger of becoming an extinct species. To survive in today’s construction marketplace, the contractor must understand his rights and be quick to implement the techniques of survival when a potential claim situation arises.

Read the next article on contract claims.

NEWSLETTER

Click here to sign up for Holloway Consulting’s free e-mail construction industry newsletter, The Em@il Construction Reporter. Subscribers include developers and owners; general and trade contractors; engineers and architects; sureties and carriers; local and state public agencies

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Call Holloway about your project.

Holloway Consulting
Construction Consultants and Expert Witnesses
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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Need a Construction Expert to Prepare An Expert Report?

Staff — Fri, 24 Feb 2012 13:58:34 +0000

Are you searching for a Construction Expert? Do you have an approaching Expert Report deadline?

In our construction litigation engagements, Holloway Consulting is often asked to prepare an expert report and rebuttal report.

This page provides a brief summary of some of the theoretical concepts that we often try to achieve in expert reports:

Construction Expert Reports

Report Structure

Objective and Theory

The street beggar asks for a dime – and sometimes succeeds because his plight is obvious and his request is small.

The contractor asks for a million dollars – and gets nothing.

To recover a million dollars (or any substantial sum) from the opposing party, the claim should be presented in a clear and convincing package. Clear, so the other party understands the claim. Convincing, so the other party appreciates the merit of the claim.

Clear is the art and science of communication:

1. Carefully designed bundle of words and pictures,
2. Deliberately structured to induce and encourage understanding,
3. Crafted with clear and concise English,
4. Supported with crisp and easy-to-grasp visuals.

Convincing is the science of forensic engineering:

1. Consisting of a thorough analysis and proof of entitlement/quantum welded to the logical and supportable demonstration of cause/effect,
2. Satisfying the demands of the contract and the courts,
3. Proving the merits of the claim to a reasonable certainty.

Forensic Engineering is the catalyst of claim and dispute settlement, because it convinces the other party that the claim is unlikely to be defeated.

Summary

The contractor asks for a million and gets nothing because his request is too big. Few, if any, would pay a million dollars without a clear and convincing cause.

A vast gulf separates the beggar’s dime and the contractor’s million dollars. The effort required to prevail in the contractor’s claim demands talent, technique, and challenging work.

What follows in this series of Holloway Consulting articles is the theory, technique and structure of the effective construction expert report and claim presentation. Read More here . . .

Contact Holloway about your claim.

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Holloway Consulting
Consultants and Expert Witnesses
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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Construction Contract Claims – Causes and Quantum

Staff — Fri, 24 Feb 2012 13:55:56 +0000

Having worked as construction contractors over the past 40 years, Holloway Consulting understands the challenges contractors face in achieving profitability on projects. This is the latest page in our series about how Holloway Consulting helps contractors resolve claims

Construction Contract Claims

Determining Causes and Quantum Of Contractor Claims

Quantum

There will be times when a construction contractor will recognize entitlement prior to quantum or damage, and other times when the inverse will be true. On those occasions when entitlement precedes damage, the contractor should immediately place the owner on written notice regarding the timing and nature of the causal events. In fact, in the absence of timely written notice, many claims will be barred by contract.

On those occasions when extra costs or damages are recognized ahead of entitlement, the contractor should immediately undertake an investigation into the status of the work to identify the potential causes. (Holloway has developed questionnaires to guide the contractor (and owner) through the initial phases of these investigations.)

Causes Of Contractor Claims

The complexities inherent in the claim identification and resolution process are illustrated in a brief examination of some of the consistent causes of contractor claims against owners, in both private and public contracts:

1. The owner’s failure to adjust the construction schedule, or grant a time extension, even in the face of valid contractor claims.

2. Changed conditions relating to the contract between the Owner and Contractor that are so dramatically different as to render the original agreement void.

3. Conditions outside the base agreement that are unilaterally imposed by the Owner onto the Contractor.

4. Contract documents that contain errors and omissions, code violations, or a lack of inter-discipline coordination.

5. Failure of one or more of the parties to perform in a timely manner, thereby delaying the other party.

6. Failure of the owner’s agent to perform proper investigation of subsurface and/or site conditions.

7. Changes in the work unilaterally imposed by the owner onto the contractor.

8. Conditions known only by the owner that will adversely affect the contractor’s performance.

9. Project conditions not contained in the contract documents that prevent a party from performing efficiently.

10. Overzealous, deficient, or unreasonable performance on the part of an Owner’s agent.

11. Unilateral or uncompensated suspension of the contractor’s work.

12. Contracts that are terminated by the owner, either for convenience or for cause.

13. Abnormal or unusual weather conditions.

14. Untimely delivery or deficiency in a component furnished by the owner.

There may, of course, be other causes of contractor claims, but the foregoing represents causes that repeatedly occur on construction projects.

Call Holloway about your project.

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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PROJECT SCHEDULING – PDM

SCHEDULING METHODS

BAR CHARTS

Disputes – InFormal – Formal

SCHEDULING SERVICES

TIMELY NOTICE

HOLLOWAY SCHEDULING CONSULTING

LIQUIDATED DAMAGES

MANAGEMENT CONSULTANT SERVICES

RIGHT TO FINISH EARLY

PROJECT SCHEDULE FLOAT

DETERMINING THE CRITICAL PATH

CPM SCHEDULING

DIFFERING SITE CONDITIONS

Differing Site Conditions 2

– Differing Site Conditions Claims – Types 1 and 2

CLAIMS DSC

Differing Site Conditions 2

DEFECTIVE PLANS AND SPECS

DEFECTIVE CONTRACT DOCUMENTS

DEFECTIVE DOCUMENTS

Subcontractor Claims Consultant

BID PREPARATION

BIDDING and STAFFING

Acceleration and Delays

Construction Contract Claims Consulting Experts – Entitlement

Staff — Fri, 24 Feb 2012 13:47:50 +0000

Working as contractors and experts over the past 40 years, Holloway Consulting understands the challenges contractors face on projects. This is the latest page in our series about how Holloway Consulting helps contractors resolve claims efficiently and effectively

Construction Contract Claims Experts

Contractor Claim Entitlements

Entitlement

Entitlement is the legal basis of the construction claim. It may be derived from a contract clause, or the principals of law, which set forth the duties and responsibilities of the individual, such as implied warranty. Therefore, an understanding of construction contract entitlement is one of the prerequisites to the preparation of a successful claim.

The administrative boards and court system of the federal government are clearly at the forefront of construction contract law. With growing frequency, state and local courts are looking to the federal system for guidance and direction on construction matters. As a result, the basic types of entitlement recognized at the federal level have gained nationwide recognition.

As illustrated above, disputes that arise in engineering, manufacturing, and construction contracts have grown more complex with each passing year. However, for purposes of the contractor’s claim evaluation, the causal factors can be associated with a few basic types of entitlement. Although a steady flow of new construction case law continues to modify entitlement theory, as of today, at least sixteen types of claim entitlement have emerged from the federal court system:

1. Acceleration
2. Cardinal Change
3. Constructive Change
4. Contract Termination
5. Defective and Deficient Contract Documents
6. Delay
7. Differing Site Conditions
8. Directed Change
9. Implied Warranty
10. Impossibility of Performance
11. Maladministration
12. Owner-Furnished Items
13. Strikes
14. Superior Knowledge
15. Weather
16. Work Suspension

How, then, does the contractor go about establishing entitlement to a claim? The answer to that and other related questions will be addressed at this site and at www.disputesinconstruction.com, as we examine each entitlement in detail.

Do you have a question or comment on contractor claims?
Would you like for us to address a specific issue?

Call Holloway about your project.

Holloway Consulting
Construction Claims Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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