e-newsletter of the
onstruction Industry Coalition Council
PO Box 4163
McLean VA 22103-4163
703-734-2397 Fax 703-734-2908

July 2004

About the CICC…
The Construction Industry Coalition Council (CICC) seeks areas of commonality among the construction profession by identifying the needs of its constituents; delivering and exchanging technical and business information; facilitating the development of and responsible application of new techniques and processes; and promoting quality in practice. 


Coalition Council Steering Committee 
American Institute of Architects (AIA) www.aia.org
American Institute of Steel Construction (AISC) www.aisc.org
American Subcontractors Association (ASA) www.asaonline.com
Associated Builders & Contractors (ABC) www.abc.org
Civil Engineering Research Foundation (CERF) www.cerf.org
Construction Management Association of America (CMAA) www.cmaanet.org
Design-Build Institute of America (DBIA), www.dbia.org
Federal Facilities Council (FFC) www7.nationalacademies.org/ffc/
FIATECH www.fiatech.org
Surety Information Office (SIO) www.sio.org


Affiliated with 
Associated Owners & Developers (AOD) 

Welcome New CICC Steering Committee Member

Michael G. Goode, PE, PMP, Vice President and Director, Industry Programs, Civil Engineering Research Foundation/ASCE, www.cerf.org

Mike Ireland, Executive Director, The Association for Facilities
Engineering (AFE) www.afe.org

J.Scott LeVora, CPA, Industry Liaison, Construction Financial Management
Association (CFMA) www.cfma.org


Summary of Construction Industry Coalition Council Meeting June 1, 2004

Defense of Delay Claims
Scott A. Beisler, PMP, Senior Engagement Manager
Navigant Consulting Inc.
The presentation addresses types of delay, schedule analysis techniques to defend claims, claim prevention during the project, and resolution methods. Claims are increasing from: tighter budgets and schedules for architects, engineers and contractors; construction contracts shifted more risk to the contractor; lack of understanding new technology and processes; more parties are involved; owners and contractors are more sophisticated with their approach to projects. Disputes require sound analytical and factual proof to settle the claims. The presentation covers methods to reduce construction projects delays with mutual benefits for contractors and owners.

CPM Scheduling: A Tool to Analyze Delay Claims
Lee E. Smith
East Coast CPM Consulting, LLC
Owners are encouraged to specify and use CPM scheduling to control projects and prevent claims. CPM scheduling is a sophisticated endeavor and the owner should have a fundamental understanding of the technique. This presentation focuses on the oversight of contractor CPM scheduling beginning with the "baseline schedule" and continues through the monthly schedule update process. A well-prepared and accurate CPM schedule will greatly enhance the prevention of unsupportable delay claims.

Contractual Claims
Dennis Webb
Smith, Gambrell & Russell, LLP
Construction projects rarely are completed in strict accordance with plans and specifications, on time or under budget. As a result, owners often find themselves facing damages from delay, defective or incomplete work, or both. This presentation focuses on the primary contract provisions owners rely on to bring a claim against or enforce compliance on non-performing contractors.

The presentation centers on six contractual clauses: termination for default; warranty/defective workmanship; waiver of consequential damages; liquidated damages; no damage for delay; and changes. The discussion is not designed as a lecture on the law. Instead, it highlights nuances in these clauses every owner should be aware of.

Stay tuned for information about the next CICC meeting.