Schedule Delay, Disruption, Inefficiency & Acceleration

Despite the best efforts and intentions of all parties involved in a construction project, change is usually inevitable. When change occurs, the project is impacted in a number of ways, including delays to the scheduled completion date, and occasionally accompanied by acceleration efforts to overcome such delays. These schedule delay/acceleration impacts can have enormous cost consequences for project participants, such as cost overruns that can even double the original project price.

The ability to recover costs for the changes that cause such delay/acceleration is critical to the contractors and subcontractors performing the work. It is also crucial for the owner to properly evaluate such claims and separate out only those costs for which the owner is solely responsible. For more than three decades, Haynes Boone has provided analysis, presentation, and resolution of claims and disputes related to schedule delays and acceleration.

In representing clients on public and private projects across the country, we have worked with experts in the field of Critical Path Method (CPM) scheduling analysis and cost accounting where delays and acceleration have occurred. We understand the methodologies used in the evaluation of project delays and the caselaw developed by the courts and boards of contract appeals with regard to proper proof of delay and acceleration claims and the specialized expertise needed to analyze proper cost accounting for delay and acceleration. Our firm offers an impressive record of resolving such claims favorably for our clients, whether through mediation, arbitration, or litigation.

Changes can also cause cost increases on a project even if the change does not ultimately impact the project completion date. Our lawyers understand the success of a project depends on the ability of the contractor and its subcontractors to achieve the production rates on which they based their contract price. We are experienced in assessing the root cause for inefficiencies, ascertaining the parties responsible, and recovering such costs through proper cost tracking and cost accounting initiatives.