Search Results for: claims

Webinar: Inside the Contractor Mind: Bidding, Change Orders, & Claims

Presentation Date:  May 20, 2021 Presenters:  Scott Jennings and Patrick Mullen Audience:  ACECH (American Council of Engineering Companies of Hawaii) Location:  Remote Abstract: How many times have you said “What in the world were they thinking?! He left 30% on the table on that bid yesterday!” Or “this change order is highway robbery!” Or, finally, “this […]

Inside the Contractor’s Mind: Bidding, Change Orders, & Claims

Executive Summary Scott Jennings and Patrick Mullen gave a very frank presentation on what runs through the contractor’s mind in his/her creation of a bid, formulation of a change order, and preparation of a claim. Both cost and time. What’s covered in this presentation? This presentation presents reality. Without very […]

Avoid Claims with a Pre-Bid Analysis

In a best case scenario, a construction claim will make the contractor financially whole again on the matter. In a worst case scenario, the contractor goes out of business. Most claims conclude somewhere in between with all parties unhappy.

Construction Claims Hierarchy

Construction claims are an unfortunate part of the construction process in today’s world. When you have a claim, know the order of hierarchy in your presentation of the data for maximum remuneration from the client.

I See Claims…

Download PDF Executive Summary: Construction is a litigious business. Often times the signs were right in front of you from day one. Pay attention and look for the behaviors of the parties that often indicate inevitable dispute and possibly a claim at the end of the job. See 20/20 today. […]

Project Loss Insurance: Heard of It?

Executive Summary There exists an insurance product to mitigate the risk associated with catastrophic failure of a construction company. It’s called Project Loss Insurance. Tell me more about this insurance.   Project Loss Insurance (PLI) is a product that covers financial loss to a contractor for losses associated with: Bad estimates […]

The Leonard Curves: Another Tool in Labor Loss Quantification

Executive Summary Charles Leonard performed a study which resulted in the Leonard Curves. These curves may be a helpful tool to quantify your labor productivity loss due to cumulative impacts on your project. The Deeper Dive Revay and Associates Limited out of Canada wrote a great comparison article between the […]

What a College Degree Says

Executive Summary A college degree sometimes seems overrated as it isn’t necessarily a measure of intelligence, nor a guarantee of success. A pigskin on the wall says more than “I know engineering” or “I know business”. It says, “I can finish things.” What is a College Degree? A Bachelor of […]

Bucketing – the Proper Claim Accounting Method

Executive Summary The categorization of costs incurred in a changed condition scenario is critical in dispute resolution. Account for costs by issue and sub-issue by creating buckets of costs. Do it early! Here Come the Extra Costs When you (the contractor) experience a change, whether you have notified the owner […]

Delay Types – Top 4 List

Executive Summary Contractors experience all sorts of delays. This article covers what, arguably, may be the four most common types: inexcusable, excusable, compensable, and concurrent. Where do I Start with a Delay Analysis? Projects can be delayed for multiple reasons and the first question that must be asked to assign […]

Pre-Bid Questioning to the Owner or Yourself

Executive Summary Many challenges in a project can be flushed out in the pre-bid phase with clear and concise questioning to the Owner. Consider these questions as a part of your bidding procedure. The Bidding Procedure The procedure’s quite simple: there’s an advertisement phase, an estimating phase, and then the […]

Top 6 Ingredients of a Letter

Executive Summary Letters in the construction industry, during the course of a project, usually are reserved for contentious issues or to satisfy notification requirements. Here are six of the most important and common ingredients in these letters. Why do we Write Letters?  Emails are commonplace these days, but writing a […]

Day Labeling: Insult Your Client with Simplicity

Executive Summary Construction contracts are almost always measured in some sort of day: a working day or a calendar day. In analysis and project communication, kill the doubt for the reader and always define the type of day in every use of the word “day”. What’s a Work Day? A […]

An Hour’s not an Hour, and it’s Certainly not a Day

Executive Summary There are differences in an hour: a manhour, a crewhour, a 50-minute hour. And an hour’s not a day, so there is another calculation for a manday. Here is a quick explanation of these estimating terms. Definitions There are several ways to estimate the cost of construction work. […]

Anatomy of a Change

Executive Summary Construction changes are generally handled in a similar way in most contracts. As a contractor you can develop good habits and controls to ensure you capture time and cost impacts. Anatomy of a Change Changes occur in a majority of construction contracts. Knowing how to track them and […]

Approved Clients

APPROVED CLIENTS SJ Construction Consulting, LLC (SJCC) has been pre-approved to work under the following programs: Hawaii Community Development Authority County of Hawaii, Public Works County of Hawaii, Housing and Community Development City and County of Honolulu, Wastewater Division State of Hawaii, Department of Highways Agribusiness Development Corporation Department of […]

Quantifying the Loss in Labor Productivity: the MCAA Factors

Executive Summary There are very few “court-accepted” ways a contractor can quantify his or her loss as a result of labor productivity, or lack thereof. MCAA’s (Mechanical Contractors Association of America, Inc.) document PD 2 Factors Affecting Labor Productivity is one of the most widely used methods in practice. See […]

Scheduling

SCHEDULING SJCC provides scheduling in both Oracle PrimaveraTM and Microsoft ProjectTM for contractors and owners. Typical services for our clients follow: Contractors Owners Construction Managers Baseline generation Program management Submittal review Monthly updates Design and bidding calendar Claim defense Resource loading Submittal review Intelligent and simple graphics for presentation to […]

The #1 Driver of a Construction Claim

Executive Summary A construction claim is a dispute in the Work as it was contemplated in the original construction documents. However, a large percentage of what drives a claim is not the Contract. It’s the people. It’s personalities. The Spark Losing money. That’s what drives contractors to spar with an […]

Webinars

2021 Inside The Contractor Mind: Bidding, Change Orders, & Claims 2020 Force Majeure & Differing Site Conditions during COVID-19 COVID Construction Insurance & Bonding during COVID-19 Small/Medium Business Cybersecurity & Best Practices during COVID-19

Dear Owner, No Change Orders Thank You

Executive summary. Most Project Owners are convinced that Contractors thrive on change orders. The truth is that most would prefer to have none. Read below a sort of open letter to Owners. Speed. I feel the need, the need for speed [QR]. Mr. Owner, when I signed this contract, I […]

Webinar: Force Majeure & Differing Site Conditions

About Scott Jennings, P.E. facilitates a live 2-hour webinar and Q&A with attorney Scott Batterman, Esq. of Clay Chapman Iwamura Pulice & Nervell, Attorneys at Law from Honolulu, Hawaii to address one of the hottest topics now in the construction industry:   Force Majeure due to COVID-19 And also because many […]

Cracks in Construction

Executive Summary Cracks in construction provide information to a superintendent. We identify what you’re seeing and what it could mean in specific scenarios. Where are Cracks Seen? Cracks are seen in naturally occurring materials and construction materials used in the building process. These can occur in Timber Concrete Soil What […]

Construction Law Bible

Executive Summary If you work for a public works construction contractor or you do construction management on public works jobs, Administration of Government Contracts by John Cibinic, Jr. and Ralph C. Nash, Jr. is the bible for governmental law. A very brief background from a construction professional, not a lawyer, is […]

Embedding Cost Control Culture into the Project Cycle

By Scott Jennings, P.E. This article was originally published in CFMA’s Building Profits April 2019 Sometimes financial situations can cause a contractor to fail. But these mishaps can likely be avoided.  Forecasting and managing the timely implementation and execution of cost controls can considerably impact effective bidding. In fact, cost […]

The Basics of Advanced Scheduling Terminology

Executive Summary. It’s important as a contractor, or even as an owner’s representative, to know a bit more than the basics of scheduling.  Familiarity of some of the terms is helpful regardless of what side of the table you’re on:  Contractor or Owner.  The terms.  When a project starts to […]

Apply

Thanks for your interest! We are looking for: Construction managers Construction inspectors Construction claim analysis professionals Steps to Apply Construction Claims Consultant Fill out our Application Quiz. This will take you about 1 hour. Send us your CV and cover letter to: apply@sjcivil.com Construction Manager Fill out our Application Quiz. […]

About Us

    Scott Jennings, P.E.sj@sjcivil.comCV Mr. Jennings has over 25 years of experience from entry level field engineer to estimator to the sole owner of a heavy/civil construction company. Scott has extensive top to bottom hands-on operational and executive experience in projects exceeding $100 million in contract value. Scott has experience […]

The Construction Daily Report: Why & What

The importance of the daily report cannot be overstated. Knowing whyto write them and whatto put in the report is critical for defense of yourself, and offense against another party.

Spearin and Modified Total Cost Method Adopted in Missouri

One of contractors’ most reliable defenses, the Spearin Doctrine, has been upheld in a Missouri Court. Certainly, for Missourians, this is a good thing, and to the extent, others may be able to reference this case or use a similar approach in claims, is a win for the construction industry.

Training: Now I see the Value

The benefits of training can be great for numerous reasons. You’re making capitalinvestments, you should also treat your employeesas an asset worthy of investment too.

Choosing a Construction Consultant

Once the decision is made to engage a consultant, choosing the firm to assist you can be one of the biggest challenges. Consider asking key questions to flush out the quality and value of the service.

Owners

Construction is a project-specific business. We provide services specifically for a job, from afar (remotely), or we will come out to your site to assist and be part of the team.

Engineers/Architects

We assist designers in any phase of a project to add construction expertise to the suite of services to owners.

Contractors

Decades of experience in heavy/civil, WWTP, WWPS, site, utility, bridge/roadway, and environmental work in the public and private sectors.

Job Openings

Construction Manager About:  SJ Construction Consulting, LLC (SJCC) is a construction consulting firm based out of Honolulu with operations on the West Coast, and clients across the nation. We serve the public and private sectors in pre-construction, construction management, claims support, and expert witness services.  Role:  Construction manager acting on […]

Some Basic Analysis Techniques in Claim Preparation

Executive Summary: A claim is made because a contractor has lost money and/or time on a project. The method is chosen by the contractor to substantiate these costs can vary. Some popular methods of calculating cost are presented. What and why do I have a claim? In a perfect world, and […]

If I Told You, You Would Have Screwed Everything Up

My Story I’ve written a couple posts about my superintendent Mike. This one involves another one of my superintendents in the past named Jon. Jon and I were running a good sized job at a large, public transportation facility. Of course, the location of this facility shall remain nameless to […]

Being a small construction business owner: tough, tough, tough

So, you want to start a construction business? Install tile, frame houses, lay pipe, move dirt, paint ceilings, wire fixtures, sweat pipe, hang drywall, tie rebar – one of these, right? Well, that’s the easy part. So is making money, right? After all, the economy’s healthy and we’re out of […]

Spearin Doctrine – a Landmark Construction Law Case

Have you ever had a project you were building according to plans and specifications and it just couldn’t be built the way they drew it up? George B. Spearin did in Brooklyn, New York.  He sued the federal government in 1918 and won – click here to see it in […]

The Unilateral Change Order

  Executive Summary: The purpose of a change order is to add work to an existing contract. Ideally, this work is added with mutually agreeable terms in scope, time, and cost. These terms often cannot be agreed upon and contractors feel coerced into signing the document. Consider not signing the change order. Origination […]

Engineer, Architect, & Legal Support

We assist designers in any phase of a project to add construction expertise to the suite of services to owners.  Attorneys benefit from our knowledge of construction means and methods, engineering principles, and their integration with construction law. Engineers’ Estimates True contractor estimates. Not unit priced from a book, but […]

Project Support

Construction is a project-specific business.  We provide services specifically for a job, from afar (remotely), or we will come out to your site to assist and be part of the team. Changes and Claims Catching up on a large number of unpriced changes Adding horsepower to large and/or complex change […]

Conversion of Inches to Feet (in decimals)

Imperial vs. Metric Length in the United States is still primarily measured using inches and feet – inches add up to feet add up to yards add up to miles. These are called Imperial units. The vastly more common way on the planet of measuring distance is by using the metric system – […]

An RFI can Satisfy Notice Requirement, said the Feds

Executive Summary Possibly the leading cause of contractor claim denials – lack of proper notice – just got a little bit easier for contractors thanks to the U.S. Armed Services Board of Contract Appeals’ conclusion that a request for information (RFI) can satisfy a notice requirement under F.A.R. (Federal Acquisition […]

Standardized Contracts and ConsensusDocs: a Win-Win

Download PDF Executive Summary: Standardized contracts provide tremendous benefit to the construction industry – they benefit the owner and the contractor. ConsensusDocs is the leading standardized contracts provider utilizing plain speak and fair risk allocation. Consider using them on your next project. [QR1]  What’s out there now. We’d all agree that […]

A Cheap Lawyer

Download PDF Executive Summary: Construction projects are becoming more and more litigious. The cost of outside counsel is practically its own line item in a contractor’s estimate these days. Hiring a junior attorney today for pennies may later save you dollars. The problem. I was listening in on a webinar […]

Letters – Keep them Simple & Discrete

Download PDF   Executive Summary: Written communication is a skill every good project manager must have. Knowing how to write a letter is critical during the project, and afterward in the case of a claim. Basic pointers for writing good construction letters are presented here. You can listen to my […]

An Alternative to Eichleay: HOOP!

Executive Summary Contractors delayed by the owner often want to be reimbursed ‘x’ dollars per ‘y’ days for the cost of home office overhead. Most contractors are used to using the Eichleay Formula to recoup this cost. There’s a new formula available from a case in Ohio: the HOOP Formula. […]

Bidding a Civil Construction Project: Part II

Letting, or bidding out, a civil construction project can be a challenge for an Owner. Questions inexperienced owners may have involved choosing an engineer, what sort of contract to use, how to collect bids from contractors, and finally how to manage the construction of the contract. In this two-part series, in Part […]

Hawaii Case: A Subcontract is Valid and Binding Without a Signature

Executive Summary: Contractors too often allow their subcontractors to commence work without a fully executed subcontract. A contract between the two parties can be binding even without a signature. Learn from this June 2017 case in Hawaii how a contract can be formed without a signature. No signature required. Pacific […]

Estimate Handoff – Estimators to Field Team

Executive Summary It’s great that your estimators just landed a new project, but your competitive advantage can be lost without a synchronized handoff to the field team. Make sure to have a formal meeting between the estimating and project management teams before the project starts. Estimator knows best. There is […]

Award Reversed Because of No Expert Testimony

Executive Summary:  A Washington concrete contractor, Salinas Construction, Inc. (SCI), was awarded $404,000 of its requested $425,000 for a job at U.S. Army Joint Base Lewis-McChord only to see this decision reversed in district court.  The problem was that SCI did not offer expert testimony, despite warnings that it was […]

Notice – When in doubt, write it out!

Executive Summary: Looking at a recent case in the state of Washington, a contractor attempted to be compensated for additional cost resulting from the project engineer’s direction to perform work different from the contractor’s desired sequence. The Court ruled against the contractor because of his failure to provide notification in […]

Contractor Wins Acceleration Impact Cost and the Incentive Payment

Contractor Wins Acceleration Impact Cost AND the Incentive Payment (1995)1 Executive Summary: The Pennsylvania Department of Transportation (PennDOT) awarded a time sensitive bridge rehabilitation project to a contractor and, within the contract, provided a large daily incentive payment for early completion. PennDOT delayed the project and refused to pay the acceleration […]

Clients – Covering North America and the Pacific

SJCC has had the pleasure of doing business with the following: A-C | D-G | H-K | M-O | P-R | S-T | U-Z A-C A&K Landscape Services, LLC, Kailua, HIACI Northwest, Coeur d’Alene, IDAdvantage Demolition, Ontario, CAAhtna Environmental, Inc., Anchorage, AKAll Phase Construction, Citrus Heights, CAAlpha Hawaii, Inc., Kahului, […]

Claim Preparation & Support

CONSTRUCTION CLAIMS SJ Construction Consulting, LLC (SJCC) represents both owners and contractors. We have been involved in many claims concerning matters of scope creep, design errors/omissions, extended performance, corporate office overhead, and production inefficiencies caused by overtime, acceleration, and cumulative impact. We assist in any way possible in the dispute resolution […]

SJCC Toolbox Terms & Glossary

Listen to our podcast for new terms and check out our glossary below. Click on a term to find articles that reference that term. Glossary of Terms A Aggregate – Coarse material such as sand, gravel, or other crushed rock. Often used as a substrate or base course. Artics – […]

Previous Episodes & Issue Archive

Previous Episodes Subscribe and listen to the Pipeline Podcast and check out back issues of the Pipeline Newsletter below. Click here for more past episodes. Issue Archive Click here for individual articles. 2021 Week 37: Another Contractor Claims Tool: ASCE 71-21 Identifying, Quantifying, And Proving Loss Of Productivity Week 32: […]