Delay and Loss of Productivity Claims

Although the attorneys at Harrison Law Group are first and foremost experienced trial lawyers, we realize that construction disputes are costly and disruptive, and we work with our clients to resolve them as quickly and efficiently as possible. When disputes are inevitable and cannot be resolved amicably, our team collaborates to aggressively pursue a favorable outcome for our clients.

Our attorneys have significant experience evaluating and prosecuting delay and loss of productivity claims. We understand the challenges in identifying and quantifying damages due to delays and loss of productivity, connecting the dots to establish that the delay or loss of productivity damages incurred are compensable, and most of all, explaining that delay and loss of productivity damages are real. We also appreciate the often subtle differences between loss of productivity damages and delay damages, and how to differentiate between the two.

A common denominator in many loss of productivity claims is the lack of readily usable data by which to quantify the loss of productivity damages. We understand that many contractors are more focused on performing their work than on monitoring and meticulously tracking and segregating labor hour expenditures among the various work tasks and areas, and that the lack of such detailed records presents a challenge to initially identifying a loss of productivity on a project and then quantifying that loss. To overcome that challenge, Harrison Law Group attorneys employ various forensic methods to leverage the information contained in the client’s records to derive, support, and ultimately recover the loss of productivity damages that the client incurred.

Unlike loss of productivity claims, delay claims seek damages for additional costs incurred due to the additional time that the contractor was required to remain on the project. The delay claim analysis combines an intimate knowledge of construction means and methods and how the scheduler sequenced those processes in order to construct the project, with a knowledge of accounting concepts as they relate to the allocation of company overhead costs to the particular project at issue. We have the resources to analyze the schedule, identify causes of and responsibility for delay and calculate the delay damages incurred. We also have the experience to efficiently prosecute delay claims and recover damages suffered due to the delay.