Article

The measured mile approach of evaluating construction delay claims compares productivity during periods of a project that have been adversely impacted to the productivity levels during periods that were not impacted, or that were unhindered. This unimpacted or unhindered period of performance is referred to as the “Measured Mile”, which is used as the baseline to predict what the contractor’s cost performance should-have-been, or would-have-been.

The Measured Mile Approach

Construction productivity losses can and often will occur from multiple changes, interference, delays, and/or alterations in the sequence of work. Suspension and acceleration of performance are not uncommon in an industry that survives by fast-tracking scheduling and fast-shifting priorities to meet project milestones.

The methods commonly used to evaluate lost productivity claims include the measured mile, industry study, or total cost method. Recent court decisions have provided authority on the recovery of delay and acceleration damages as measured by the measured mile approach.

The measured mile approach compares productivity during periods of a project that have been adversely impacted to the productivity levels during periods that were not impacted, or that were unhindered. This unimpacted or unhindered period of performance is referred to as the “Measured Mile”, which is used as the baseline to predict what the contractor’s cost performance should-have-been, or would-have-been.

Evaluation and resolution of lost productivity (disruption and inefficiency) claims can be contentious and costly for both owners and contractors. The construction professionals at Robson Forensic have the experience to efficiently and effectively assist in the resolution of complex lost

productivity claims. Our construction professionals include seasoned contractors, engineers, architects, and project managers.

 

Featured Expert

Michael D. Klein, P.E., CHMM, C.F.E.I.

Michael is a licensed civil engineer with over 25 years of experience in the design, planning, and delivery of high-value projects for the government and private sector. This experience includes schedule development, cost and schedule control, progress reporting, pricing of and implementation of change orders and assessment of labor productivity. His expertise includes construction schedule delay claims utilizing Critical Path Method (CPM) techniques to analyze and apportion the effects of delays and other impacts to a project schedule. He is also proficient in using project management techniques and tools such as Earned Value Management (EVM) for project cost and schedule control; Primavera Project Portfolio Management for evaluating relevant data and logic in project schedules; and the “Measured Mile” to quantify the loss of productivity.

Michael is a Professional Engineer (P.E.) registered by the National Council of Examiners for Engineering & Surveying (NCEES), and licensed in Colorado, Kentucky, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, and Wisconsin. He is also a Certified Hazardous Materials Manager (CHMM) and holds degrees in both Ocean Engineering (B.E.) and Civil Engineering (M.S.).