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Construction Schedules

Analysis, Evaluation and Interpretation of Schedules in Litigation and Dispute Resolution - 4th Edition

Michael T. Callahan and H. Murray Hohns

The Fourth Edition examines the use of construction schedules in resolving disputes over contract time extensions and the economic consequences of such, and takes an in-depth look at the only lasting opinions that count in this litigious arena. These opinions are the ones expressed by the United States court system and other third party neutrals across the world. Construction schedules are now globally used and analyzed to establish and prove opposing positions when projects are completed later than promised, occurrences that are attributable to a multitude of causes during the construction process. Entitlement to equitable adjustments due to changed conditions is now argued across the globe and American court opinions are the linchpin landmarks for neutral decision makers. The Authors, who are both well known, long-standing veterans in this field, have edited and rewritten this book so that it reflects the current thinking of the courts and, in light of that thinking, suggests how parties to delay disputes and their attorneys should prepare and proceed in litigation, arbitration, or mediation where additional time issues and the damages such represent are at stake. For practical reasons, the Fourth Edition has some bias toward the defense bar. Its authors have long experience as experts both in defending and preventing costly disputes and their resolution, but it is the defense of claims that creates the disputes that eventually find their way to the courts and boards that report their conclusions about schedule disputes and how schedules should be used to measure a delay claim. The book discusses the role of a schedule as a contract document, poses ways to render the schedule useless as evidence or as a business document and opens doors to ways in which to get schedule presentations dismissed either as substantive documents or as persuasive evidence in legal proceedings. This book will help you decide about the best way to proceed in construction delay disputes.

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