Archive: January 29, 2014

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Recent Article Offers Help in Navigating Forensic Schedule Analysis

Recent Article Offers Help in Navigating Forensic Schedule Analysis

By Ryan D. DeMotte, K&L Gates, Pittsburgh

For construction attorneys looking for guidance in navigating the often confusing world of forensic schedule analysis ("FSA"), Patrick Kelly’s and William Franczek’s article in the Fall 2013 edition of The Construction Lawyer, "Clearing the Smoke: Forensic Schedule Analysis Method Selection for Construction Attorneys" provides a useful overview. The article describes the controversies over the legitimacy of FSA, and then evaluates the pros and cons of the various FSA methods and discusses the factors that analysts and attorneys should consider in selecting an FSA method for a particular case.

The authors point out that FSA methods go by a number of different names, and they helpfully provide a four-family classification of the main methods: (1) as-planned vs. as-built, (2) contemporaneous period analysis, (3) retrospective time impact analysis, and (4) collapsed as-built.

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