• Measured Mile Analysis
  • Earned Value Analysis
  • Comparable Task/Project Analysis
  • Industry Studies and Project Specific Study Review and Analyses
  • Project Cost Analysis
  • Bid Estimate Review and Validation
  • Industry Estimating Guide Productivity Comparisons
  • Project Cost Systems Auditing and Source Validation
  • Productivity and Delay Cost Analysis
  • Project Impact Studies and Forecasts
  • Bid/Estimate Formulation using project specific or industry data.
  • Expert Witness Testimony Services
  • Modified Total Cost Method
  • Preliminary Claim Feasibility Studies
Loss of Productivity can be one of the most challenging damages to credibly establish in a construction claims matter. Its foundation relies on the assertion that the work could have been performed at a better level of production, absent the claimed impacts and/or delays. There are numerous publications and opinions on how this can be established. However, all of these rely on similar strategies in that the contractor must first establish the attainable level of production that should have been achieved on the project. Then the contractor must prove that the Loss of Productivity resulted from impacts that were out of the contractor’s control and unforeseen as part of the original contract. This could include acceleration changes, defective engineering, excessive overtime, supplier delays, labor relations factors, extreme weather, among other factors and the ripple effect. Finally, the contractor must be able to calculate, with a reasonable degree of accuracy, the actual losses sustained.

Delta’s cross-disciplinary team has a broad spectrum of experience establishing cause and effect relationships and proving damages based on these concepts for both owners and contractors. Our independent and objective approach has been successful in preparing Loss of Productivity claims, as well as defending against them. Our experts work with clients and their attorneys to quantify and calculate the damages, allowing them to confidently make critical decisions to prevent or mitigate losses.

Through its unique combination of accounting, engineering, and scheduling experts, along with their experience working on countless cases involving these concepts on a wide variety of projects, Delta is positioned to provide its clients with the most reliable analyses and conclusions available. This allows our clients to navigate the dispute resolution environment with sound information and dependable conclusions. In the event that a negotiated resolution is unattainable, our testifying experts have extensive experience representing clients in arbitrations, trials, and in other international venues on the complex issues involved in disruption and inefficiency claims.

Loss of Productivity articles by J. Mark Dungan and Dr. Tong Zhao.