Litigating Lost Productivity Claims in Construction: Developing Methodologies, ASCE Standards
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide construction counsel on best practices when pursuing and defending a lost productivity claim on a project. The panel will detail the methodologies for prosecuting a productivity claim and provide guidance on best practices for project management and field personnel to keep records that could support a lost productivity analysis and recent legal decisions on these types of claims.
- Litigating lost productivity
- Resultant injury
- Measured mile
- Comparing actual productivity from the subject project to different project
- Comparing actual productivity to the contractor's bid or estimate
- Expert opinion
- Published inefficiency factors
- ASCE standards
- Recent decisions
- Best practices
The panel will review these and other key questions:
- What are the most common types of lost productivity claims?
- What are some common methods of calculating damages for lost productivity?
- How does the ASCE standard differ from other methods of calculating damages?
- How can well-crafted construction contracts be used to assert or defend lost productivity claims?
- What steps can owners and contractors take to minimize the likelihood of lost productivity litigation?
Mr. Salamirad concentrates his practice in the areas of construction and surety law. Many of the nation’s leading... | Read More
Mr. Salamirad concentrates his practice in the areas of construction and surety law. Many of the nation’s leading surety companies, general and specialty contractors trust Mr. Salamirad’s guidance and counsel when dealing with the myriad of issues that arise in the construction industry. Mr. Salamirad has successfully handled a wide range of cases on federal, state and private construction projects, including bid disputes and protests, subcontractor substitutions, labor claims, extra work disputes, differing site condition claims, delay, productivity and efficiency claims, default terminations, takeover and completion efforts, and surety financing arrangements. He is a frequent author and lecturer on construction law topics.Close
Tong Zhao, PhD, PE, PSP, CCP
Delta Consulting Group
Dr. Zhao has broad experience in the engineering and construction of infrastructure, industrial, commercial, housing,... | Read More
Dr. Zhao has broad experience in the engineering and construction of infrastructure, industrial, commercial, housing, and environmental projects. He has provided consulting services including CPM scheduling, forensic delay analysis, productivity analysis, cost estimating, forensic engineering, claim analysis and damage analysis on domestic and international construction projects, including natural gas power generation facilities, commercial housing/buildings and World Bank funded large scale water diversion tunnels and dams. Authoring numerous articles and publications, Dr. Zhao has established himself as a leading expert in loss of productivity analysis.Close