American Bar Association Publication Highlights Loss of Productivity Methodologies

The American Bar Association (ABA) published an in depth article by Paul Stynchcomb, CCM, PSP, CFCC, Professor William Ibbs, PhD and James Newland, Esquire in the Summer 2020 edition of The Construction Lawyer. The authors dissect recent Civilian Board of Contract Appeals cases in which three MCAA member firms received substantial compensation for losses in labor productivity using a variety of quantification methodologies, including the MCAA Factors, the MCAA overtime inefficiency tables and the measured mile method.

The article titled “Preparing and Presenting Loss of Labor Productivity Claims: Analysis of the Methodologies with Two Exemplars,” is the most recent in the quarterly publication, which contains some of the most pertinent articles on contracts, recent court decisions and construction law to be found anywhere in the industry. Some of the construction industry’s most acclaimed attorneys and experts publish articles that have a direct bearing on the construction industry.

In the current COVID-19 environment, many contractors are seeking recovery of loss of labor productivity and are looking for methods of productivity impact quantification specific to the effects of the pandemic. All of the well tested methods applied to the two exemplar cases described in the article are applicable to quantifying COVID-19 impacts. 

This ABA article, coupled with the MCAA’s series of informative webinars on quantifying losses in labor productivity, including those caused by the COVID-19 pandemic, provide a valuable training tool for MCAA member firms attempting to quantify and recover losses in labor productivity.

Related Webinars:

The following webinars are available as part of MCAA COVID-19 Contingency Plan Webinar Series.

• Webinar #7: The Effects of COVID-19 on Construction Contracts – Notice, Contract Clauses, Schedule and Productivity Impacts – Paul Stynchcomb, William Ibbs and Douglas L. Patin
• Webinar #16: Calculating Impacts: How to Apply the Measured Mile Method – John Koontz
• Webinar #19: Estimating Labor Impacts: How to Use The MCAA Factors – John Koontz
• Webinar #22: How to Estimate the Impacts of Overtime on Labor Productivity – John Koontz
• Webinar #23: The Importance of Obtaining the Prime Contractor’s Native CPM Scheduling Files – John Koontz
• Webinar #26: Using the MCAA’s Publication to Quantify CV-19 Loss of Labor Productivity on Your Project – Paul Stynchcomb, William Ibbs and John McNerney

Related Resource:

• Change Orders, Productivity, Overtime—A Primer for the Construction Industry