The Best Practices Construction Law blog observes common scheduling mistakes can lead to a loss of claims in court. Contractors should pay great attention to the scheduling process and avoid many of the common mistakes. It is impossible to list all of the possible initial scheduling mistakes, but the following is a list of defects in the initial schedule that some courts and boards of contract appeals have noted:
- No proof of the information used to prepare schedule
- Errors in technical logic
- Incomplete schedules
- Overlooking procurement of critical materials
- Failure to consider physical restraints
- Failure to consider weather restraints
- Failure to consider resources
- Failure to consider the economics of the sequencing
- Failure to consider uncertainty and risk in establishing durations
- Schedule does not “tie in” to the anticipated means and methods and/or estimate
- Logic intentionally deviates from the manner in which the contractor intends to build
- Elimination of float by increasing durations
- Unrealistic productivity or durations
- The schedule submitted to the owner was not used to build the project
Again, the schedule can often set the tone for the job. In court, it is the document that establishes the benchmark of all time related claims. As such, it has a tremendous impact on the judge and jury and influences the credibility they will attach to the evidence that follows. Read More.