Given that the construction industry will never eliminate delays altogether, how do you know when delays are real and substantive, to the point of meriting financial damages?
Two experts from Buric, a premier consultant to the world’s diverse construction industry, discussed ways to recognize and resolve real construction project delays and damages during a panel discussion at the Construction SuperConference in San Francisco on Dec. 13.
David L. Sutton, P.E., executive vice president of Buric, and Michael W. Leary, P.E., senior vice president, reviewed case studies of problem projects to examine issues such as improving documentation, quantifying actual delays and substantiating damages during a plenary session Dec. 13.
“Contractors bid projects to build them profitably – they don’t deliberately embark on a project with the intent of creating delays and claims,” Sutton said. “Given that there’s no room for perfection in the world of construction, when does imperfect become substantive and when does it merit damages?”
With 30 years of experience in the construction industry, Sutton is an expert in construction claims, scheduling, cost engineering, labor production analysis and graphic development. Leary, an industry veteran of 27 years, specializes in the analysis of construction claims, including time and cost impact to construction projects involving delays, loss of productivity, disruption, acceleration, critical path method scheduling and construction administration.
Both men have provided expert testimony on multi-million dollar projects and claims in trials, arbitration and mediation.
Joining Buric’s Sutton and Leary as part of the panel discussion were attorneys Jeff Aiken, a senior shareholder for Whyte Hirschboeck Dudek in Milwaukee, and Peter D. Welin, a partner and co-chair of the construction practice group within Thompson Hine of Columbus, Ohio. Aiken was named a Top Construction Lawyer by the Wisconsin Law Journal, as well as Wisconsin Super Lawyer in 2005 and 2006. Welin was named among Best Lawyers of America from 2003 to 2007, as well as Ohio Super Lawyer from 2004 through 2007.
Established in 1968, Buric supports the world’s diverse construction industry by providing construction planning and critical path method scheduling; construction claims resolution, including forensic investigation, demonstrative graphics and expert witness capability; surety contract management; building diagnostics and rehabilitation; project management and control; and architectural and engineering services.
Even more importantly, it is the manner in which Buric provides these services that sets the firm apart. Buric employees are extremely knowledgeable and accomplished industry experts – the very best in their fields – who take pride in providing accurate, thorough and responsive service while maintaining the highest standards of ethics and professionalism. It explains why most of Buric’s business comes from long-standing repeat clients and referred business.