American Bar Association
Section of Public Contract Law
Construction Claims Committee

JUDGING

THE

SCHEDULING
EXPERTS

One-day conference on construction delay claims involving judges, scheduling consultants and attorneys

Monday, February 9, 1998

ANA Hotel
2401 M Street, N.W.
Washington, D.C.

The effectiveness of a delay claim is a concern for all litigants. This one-day conference addresses this concern and will include:

_ a comprehensive discussion of construction delay analysis techniques;

_ the legal considerations governing the acceptance or rejection of various analytical methodologies;

_ commentary from jurists, practitioners and scheduling experts on delay claim presentations before judges, juries and mediators;

_ question-and-answer sessions involving panelists and seminar participants;

_ a course manual prepared specifically for the program.

Featured panelists will include:

Judge Mary Ellen Coster Williams
General Services Administration Board of Contract Appeals

Judge Allan H. Goodman
General Services Administration Board of Contract Appeals

Judge Carol N. Park-Conroy
Armed Services Board of
Contract Appeals

Judge Alan M. Spector
Armed Services Board of
Contract Appeals

Judge Moody R. Tidwell
United States Court of
Federal Claims

Judge Jonathan D. Zischkau
District of Columbia Board
of Contract Appeals

PROGRAM

9:00 a.m. - 9:15 a.m.

Introduction

9:15 a.m. - 10:45 a.m.

Different Scheduling Techniques and Delay Analyses (Panel of Scheduling Consultants)

_ Principles of CPM Logic
_ Evaluating As-Planned Schedules
_ Preparing As-Built Schedules
_ Methods for Quantifying the Delays

10:45 a.m. - 11:00 a.m.
Coffee Break

11:00 a.m. - 12:00 p.m.

Legal Considerations Governing Delay Claims and the Selection of Delay Analysis Techniques (Panel of Judges and Attorneys)

_ Acceptance/Rejection of Various Scheduling Techniques and Analyses

_ Contract Provisions Mandating Specific Types of Delay Analysis

_ Ownership of Float Clauses

_ Daubert/Frye Concerns

12:00 noon - 1:30 p.m.

Lunch Break (no seminar sponsored lunch scheduled)

1:30 p.m. - 3:00 p.m.

Effective Direct and Cross- Examination of Scheduling Experts (Panel of Judges, Attorneys and Scheduling Consultants)

_ Depositions and Discovery

_ Evidentiary Issues Governing Expert Reports, Testimony and Demonstrative Evidence

_ Effective Direct and Cross- Examination Techniques

_ The Testifying Consultant's Worst Nightmares

3:00 p.m. - 3:15 p.m.

Break

3:15 p.m. - 4:15 p.m.

Considerations Affecting the Presentation of Delay Claims in Different Forums (Panel of Judges, Consultants and Attorneys)

_ Bench Trials and Arbitration

_ Jury Trial and Summary Jury Trial Considerations

€ ADR/Mediation Presentations

CLE CREDIT

Accreditation has been requested for this program from every state (including California and Pennsylvania) with mandatory continuing legal education (MCLE) requirements for lawyers. Please be aware that each state has its own rules and regulations, including its definition of "CLE." Attorneys seeking to obtain MCLE credit in Pennsylvania are required to pay state accreditation fees directly to the PACLE. Please be prepared to remit payment to the PACLE ($2.00 per credit hour or any portion thereof) after the program. Certificates of attendance will be available at the conclusion of the program for both attendees and speakers. If you have questions about the number of credit hours granted by each state, you may call 312-988-6217.

CANCELLATION POLICY

Requests for refund must be made in writing and received in the Section of Public Contract Law's office, 750 North Lake Shore Drive, Chicago, IL 60611-4497 (fax) 312-988-5688, on or before February 2, 1998. Substitutions may be made at any time.

If you complete a registration form and fax it to the office listed on the registration application, the transaction is considered a firm commitment and you will be expected to pay the registration fee even if circumstances prevent you from attending the conference.

NO refunds will be made after February 2, 1998.

REGISTRATION APPLICATION

Send directly to:
Andrew Bramnick, Esq.
Spriggs & Hollingsworth
1350 I Street, NW, Ninth Floor
Washington, D.C. 20005
Phone: 202-898-5800
FAX: 202-682-1639

Please register the following person for the Public Contract Law (PCL) Section program on Judging the Scheduling Experts on Monday, February 9, 1998 at the ANA Hotel in Washington, D.C.

Registration Fee:

_ $110 Government Employee PCL Section
Member
_ $120 Other Government Employee
_ $130 PCL Section Member or Associate
_ $145 Non-PCL ABA Member
_ $160 Non-ABA Member

Enclosed is my check for $________, payable to the American Bar Association/PCL.

Name
Please print or type

Firm/Agency/
Company

Address
City/State/Zip
Telephone No.
Fax No.

For information about joining our Committee, send e-mail to neforasm@staff.abanet.org