Ce11 12
Ce11 12
org
ENGINEERING
December 2011
THE JOURNAL OF AACE INTERNATIONAL -
THE AUTHORITY FOR TOTAL COST MANAGEMENT
TM
COST COST COST
PRESIDENTS MESSAGE
MY FIRST [FULL]
BOARD MEETING
CAN A CONTRACTOR HAVE A 
CRITICAL PATH DELAY
WHEN THE GENERAL 
CONTRACTOR DOES NOT?
CURRENCY FLUCTUATION 
AND INFLATION IMPACT
ON INTERNATIONAL MEGA PROJECTS:
A MEXICAN CASE STUDY
CURRENCY FLUCTUATION 
AND INFLATION IMPACT
ON INTERNATIONAL MEGA PROJECTS:
A MEXICAN CASE STUDY
1 COST ENGINEERING  DECEMBER 2011
CONTENTS
COST ENGINEERING
TECHNICAL ARTICLES
       11    Currency Fluctuation and Inflation 
               Impact on  International Mega Projects: 
               A Mexican Case Study
Dr. Carla Lopez del Puerto, CCC
              This article examines the challenges of accurately estimating construction costs for in-
ternational projects. A case study is used to illustrate the challenges that construction projects
in Mexico faced with the 2009 devaluation of Mexican currency. It presents a hypothetical ex-
ample and a case study of the Durango-Mazatlan highway; finds that the construction costs of
highway Durango-Mazatlan in Mexico increased by 20 percent because of cost increases tied to
the peso-dollar parity; analyzes the impact to the project and discusses strategies that cost en-
gineers can use to minimize the risk of economic loss in international construction projects re-
sulting from political and economic instability. The study concludes that using cost reimbursable
contracts, transferring the risk of cost uncertainty to the owner, maintaining contact with local
subcontractors and suppliers and maintaining international project databases minimize the risk
resulting from currency fluctuations on international mega-projects.  This article was first pre-
sented at the 2011 Annual Meeting as CSC-558.
       19    Can a Contractor Have a Critical Path Delay 
               When the General Contractor Does Not?
Christopher W. Carson, PSP; Mark Boe, PE; and Shannon L. Campbell, PSP
              To prove entitlement to delay damages, it has been reasonably established (by best
practices, as well as case law) that a contractor must show a critical path delay to project com-
pletion. But, what happens when an owner-impact extends the time a subcontractor must re-
main on the job, but doesnt extend the project completion date?  Shouldnt the owner be liable
for any damages to the subcontractor? If not the owner, wouldnt the GC have some risk? What
type of analysis would be required to prove entitlement to these subcontractor delays? Does
current case law have any answers? This article will discuss the issues, examine existing case
law, establish how experts analyze and prove subcontractor delays, and provide an example of
an analysis for this condition.  This article was first presented at the 2011 Annual Meeting as
CDR-635.
2 COST ENGINEERING DECEMBER 2011
         5     Presidents Message
My First [Full] Board Meeting
            8     Women in 
                   Project Controls
Spotlight on Anita Zenger
          28     The AACE 
                   International Bulletin
Section News from Around the World 
                   4        AACE International Board of Directors
                   4        Cost Engineering Journal Information
                 18        AACEs 2012 Annual Meeting
                 27        Professional Services Directory
                 27        Index to Advertisers
                 34        The AACE International Online Store
CONTENTS
DEPARTMENTS
ALSO FEATURED
COST ENGINEERING
          33     Article Reprints 
                   and Permissions
Sharing our Articles and Experience
          36     Calendar of Events
AACE International Events and More 
THE AACE INTERNATIONAL ONLINE BUTTON  - This editon
of the Cost Engineering journal has access to additonal ma-
terial on the AACE Internatonal website, www.aacei.org.
Anytme you see the symbol at center, there is additonal
content online associated with that artcle or feature. Direct
your browser to www.aacei.org and look for the online but-
ton to access additonal resources. If you are already reading
the electronic version, just click the online buton directly.
COSTENGINEERING
4 COST ENGINEERING DECEMBER 2011
HEADQUARTERS
1265 Suncrest Towne Centre Dr
Morgantown, WV 26505-1876
800.858.COST    fax - 304.291.5728 
CONTENTS
AACE INTERNATIONAL
BOARD OF DIRECTORS
PRESIDENT
Michael R. Nosbisch, CCC PSP
562.733.2472 / president@aacei.org
PRESIDENT-ELECT
Marlene Hyde, CCE EVP
303.940.3200 / preselect@aacei.org
PAST PRESIDENT
Stephen O. Revay, CCC CFCC
403.777.4900 / pastpres@aacei.org
VICE PRESIDENT-ADMINISTRATION
Martin Darley, CCC FRICS
713.372.2426 / vpadmin@aacei.org
VICE PRESIDENT-FINANCE
John J. Ciccarelli, PE CCE PSP
609.497.2285 / vpfinance@aacei.org
VICE PRESIDENT-TEC
George Whyte, CCC CEP EVP
301.957.7434 /vptec@aacei.org
VICE PRESIDENT-REGIONS
Julie Owen, CCC PSP
213.922.7313 / vpregions@aacei.org
DIRECTOR-REGION 1
Ginette Basak, P.Eng. FAACE
403.708.7674 / dirregion1@aacei.org
DIRECTOR-REGION 2
John C. Livengood, CFCC PSP
202.669.1360 / dirregion2@aacei.org
DIRECTOR-REGION 3
James H. Carson, CCC CEP
770.444.9799 / dirregion3@aacei.org
DIRECTOR-REGION 4
Duane R. Meyer, PE CCE
513.241.1230 x 620 / dirregion4@aacei.org
DIRECTOR-REGION 5
Earl J. Seabrook, III, CCC
713.372.0521 / dirregion5@aacei.org
DIRECTOR-REGION 6
Nicholas Kellar, CCC EVP PSP
dirregion6@aacei.org
DIRECTOR-REGION 7
Philips Tharakan Mulackal, CCE EVP
+971.50.631.4830 / dirregion7@aacei.org
DIRECTOR-REGION 8
Keith Webb
+61.8.93485045 / dirregion8@aacei.org
EXECUTIVE DIRECTOR
Dennis G. Stork
304.296.8444 / dstork@aacei.org
Viewpoints expressed in columns, features, and articles published in Cost Engineering journal are solely those
of the authors and do not represent an official position of AACE International. AACE International is not en-
dorsing or sponsoring the authors work. All content is presented solely for informational purposes. Columns,
features, and articles not designated as Technical Articles are not subject to the peer-review process.
Cost  Engineering  (ISSN:  0274-9696/11)  is  published  monthly  by  AACE International,  Inc,  209  Prairie  Ave.,  Suite  100,
Morgantown, WV 26501 USA. Periodicals postage paid at Morgantown, WV, and at additional mailing office. POSTMASTER:
Send address changes to AACE International; 1265 Suncrest Towne Centre Dr, Morgantown, WV 26505-1876 USA. Customer
#7012359 (APC), Publications Mail Agreement No 40624074, Return undeliverable Canadian addresses to PO Box 503, RPO
West  Beaver  Creek,  Richmond  Hill,  ON  L4B  4R6. Single  copies:  US$9  members/  US$14  nonmembers  (both  +  shipping),
excluding special inserts available to AACE members only. Subscription rates: United States, US$72/year; all other countries,
US$91/year. Overseas airmail delivery is available at US$99. Subscriptions are accepted on an annual-year basis only. Copyright
 2011 by AACE International, Inc. All rights reserved. This publication or any part thereof may not be reproduced in any form
without written permission from the publisher. AACE assumes no responsibility for statements and opinions advanced by the
contributors to its publications. Views expressed by them or the editor do not necessarily represent the official position of Cost
Engineering, its staff, or AACE International, Inc. Printed in York, PA, USA. Cost Engineering is a refereed journal. All technical
articles are subject to review by a minimum of three experts in the field. To submit a manuscript for peer review, see author
guidelines  at  www.aacei.org  and  submit  a  200  word  or  less  abstract  to  editor@aacei.org..  PHOTOCOPY PERMISSION:
Authorization  to  photocopy  articles  herein  for  internal  or  personal  use,  or  the  internal  or  personal  use  of  specific  clients,  is
granted by AACE International, Inc., provided that the base fee of US$4.00 is paid directly to Copyright Clearance Center, 222
Rosewood  Drive,  Danvers,  MA  01923  USA.  Telephone:  978.750.8400.  For  those  organizations  that  have  been  granted  a
photocopy  license  by  CCC,  a  separate  system  of  payment  has  been  arranged.  The  fee  code  for  users  of  the  transactional
reporting service is ISSN-0274-9696/02 US$4.00. Payment should be sent directly to CCC. Copying for other than personal or
internal reference use without the express permission of AACE is prohibited. E-mail requests for photocopy permission on bulk
orders  may  be  sent  to  editor@aacei.org.  ADVERTISING  COPY: Contact  Network  Media  Partners.,  Executive  Plaza  1,  11350
McCormick Road, Suite 900; Hunt Valley, MD 21031. Telephone: 410.584.1966. E-mail: aace@networkmediapartners.com for
rates. Advertisers and advertising agencies assume liability for all content (including text, representation, and illustrations) of
advertisements  printed  and  also  assume  responsibility  for  any  claims  arising  therefrom  made  against  the  publisher.  The
publisher  reserves  the  right  to  reject  any  advertising  that  is  not  considered  in  keeping  with  the  publications  mission  and
standards.  The  publisher  reserves  the  right  to  place  the  word  advertisement with  copy  which,  in  the  publishers  opinion,
resembles editorial matter. All advertising accepted for publication in Cost Engineering is limited to subjects that directly relate
to the cost management profession. Current rate card available on request. COST ENGINEERING DEADLINES: Submissions for
Cost Engineering must be received at least 8 weeks in advance of the issue date. Send to: Editor, 1265 Suncrest Towne Centre
Dr, Morgantown, WV 26505-1876 USA. Deadlines do not apply to technical papers.
Policy Concerning Published Columns, Features, and Articles
Established 1958
Managing Editor Marvin Gelhausen
mgelhausen@aacei.org
Art Director Noah Kinderknecht
nkinderknecht@aacei.org
Advertising Sales Mark Stout
Network Media Partners Inc.
410.584.1966   fax - 410.584.8359
mstout@networkmediapartners.com
Vol. 53, No.12/December 2011
AACE International - The Authority for Total Cost Management
TM
OUR VISION - To be the recognized technical authority in cost and schedule management
for programs, projects, products, assets, and services.
OUR MISSION - The members of AACE
 
2
0
1
1
 
S
a
g
e
 
S
o
f
t
w
a
r
e
,
 
I
n
c
.
 
a
n
d
 
i
t
s
 
a
 
 
l
i
a
t
e
d
 
e
n
t
i
t
i
e
s
.
 
A
l
l
 
r
i
g
h
t
s
 
r
e
s
e
r
v
e
d
.
8 COST ENGINEERING DECEMBER 2011
I
f  theres  a  theme  to  Anita  Zengers  career,  it  is  the
drive to optmize, whether it be an opportunity, an
eort to get the best deal, nding the best route or
ensuring project operatons. Anita found her passion
for optmizaton thanks to an electve class in Oper-
atons Research she took as a senior at the University
of Illinois, Urbana-Champaign, where she earned a Bachelor
of Science in Civil Engineering.
Afer graduatng, Anita followed in her fathers footsteps
as a U.S. Naval ocer in the Civil Engineer Corps (CEC).  During
her 5 years of service in the Navy, Anita gained experience in
a variety of roles.  Her last assignment was as an Assistant Res-
ident Ocer in Charge of Constructon.  In this te period she
also obtained her Professional Engineer license. Following her
service in the U.S. Navy, Anita and her young family moved
from Charleston, SC, to Livermore, Calif., where she started
working  for  her  current  employer  Lawrence  Livermore  Na-
tonal Laboratory (LLNL), an applied science natonal defense
laboratory.  
Her rst positon at LLNL was Constructon Subcontract
Administrator, allowing her to contnue optmizing solutons
as she negotated and awarded constructon contracts.  A few
years later, Anita joined the Project Management Division.  This
was a partcularly busy tme in Anitas life. Married, a mother
of three daughters, and working full-tme, Anita had to learn
how to balance and optmize her work and home life. Opt-
mizaton appears to be a family trait. Two of her daughters
have completed college and are working in their elds of study,
engineering and accountng.  Her youngest daughter is cur-
rently a sophomore and studying mechanical engineering.
Anita was a project manager for more than 15 years. The
last constructon project she managed was the Terascale Sim-
ulaton Facility, a $91 million facility that houses some of the
worlds most powerful supercomputers.  Anitas past experi-
ence with the Navy gave her an early introducton to schedul-
ing  and  earned  value.    Anita  contnued  to  develop  her
expertse in project controls and project management through
professional organizatons such as AACE Internatonal.  Anita
has  her  Earned  Value  Professional  (EVP)  certcaton  from
AACE and Project Management Professional certcaton from
PMI.   She used this knowledge, along with her passion for op-
tmizaton, to successfully complete the TSF project within the
scope, budget, and schedule baseline.  
WOMEN IN PROJECT CONTROLS
SPOTLIGHT  ON
ANITA 
ZENGER
ANITA
ZENGER
Julie Owen, CCC PSP
Anita has found the training and
seminar opportunites, certca-
tons, technical products and net-
working opportunites available
through  AACE  extremely  valu-
able.  Since  her  organizaton  is
over 70 percent women, Anita is
especially  excited  about  AACEs
focus  group  Women  in  Project
Controls    another  opportunity
she fully intends to optmize. 
9 COST ENGINEERING  DECEMBER 2011
At the completon of the project, Anita was asked to estab-
lish a project controls organizaton at LLNL.  It was very easy for
her to answer YES!  Anita enjoys talking and teaching project
controls ideas, especially earned value and risk management.
With this new assignment, she is now able to help spread the
word and teach the techniques of project controls to others.  
For the past 7 years, Anita has led the growth and matura-
ton of the project controls organizaton.  She and her team have
supported the ANSI 748B Compliant Earned Value Management
System  at  LLNL,  as  well  as  providing  peer  review  support  to
other sites.  She is grateful for the mentoring provided by her
supervisor and has tried to pass it on, serving as a mentor to
her sta.
Anita spends a great deal of tme and eort working both
one-on-one and in teams providing growth and learning oppor-
tunites for her sta.  She encourages the members of her team
to use all resources available to contnue on a life-long learning
journey, and to constantly work on maintaining a strong work-
life balance.
Anita has also found the training and seminar opportuni-
tes, certcatons, technical products and networking opportu-
nites available through AACE extremely valuable.  She is actve
with  several  AACE  LinkedIn  groups.  Since  her  organizaton  is
over 70 percent women, Anita is especially excited about AACEs
focus group Women in Project Controls  another opportunity
she fully intends to optmize.   
 
 
Now: If schedules needed analysis, 
Primavera would have included it. 
 
 
 
 
 
 
 
 
 
See more at 
http://ScheduleAnalyzer.com 
 
 
What is the difference between 
reviewing your P6 schedule and 
reviewing your P6 XER file? 
 
Everything 
 
%  Interfaces Directly with Database 
%  Hundreds of Reports & Analyses 
%  Advanced Longest Path Analysis 
%  Built-in Report & Editing Facility 
%  Drill-down from Dashboard to P6 
AACE Internatonals Member-Get-A-Member campaign
contnues to be a great success with the third random draw-
ing, and a $250 gif card to Lands End for AACE logo mer-
chandise being awarded to the winner.
This  quarters  winner  is  Thomas  Mac  Sumrall,  Lead
Project  Estmator  for  Southern  Nuclear  Company  out  of
Birmingham, Alabama.
The random drawing was made from among all AACE
members who recommended at least one new member who
joined  the  associaton  during  the  third  quarter  of  2011.
Members from 36 US states, 7 Canadian provinces, and 32
other countries were eligible in this rst drawing.
Theres stll tme to enter the contest, which will con-
tnue throughout 2011 with one more drawing for a $250 gif
card from Lands End. The contest will culminate with a grand
prize being awarded at the end of the year. The grand prize
is a trip to the 2012 Annual Meetng in San Antonio, Texas
(including airfare, hotel, meetng registraton, and meals). It
will be awarded to one individual who recommended at least
one new member during 2011.
Join your colleagues in recruitng new
members to AACE Internatonal, and
you, too, may be a winner! 
For more informaton on the Member-
Get-A-Member Program go to
www.aacei.org/mbr/get-a member.shtml
CONGRATULATIONS TO 
THOMAS MAC SUMRALL
THE AACE INTERNATIONAL THIRD
QUARTER MEMBER-GET-A-MEMBER
CAMPAIGN WINNER
11 COST ENGINEERING  DECEMBER 2011
D
eveloping a practical estimate of
a  large  construction  project  is  a
daunting  task  for  even  the  most
experienced  estimators  in  the
construction  industry;  this  is
compounded  by  the  fact  that  todays
estimators  are  required  to  take  into
account  a  multitude  of  nontraditional
factors when developing estimates. 
       Developing  a  practical  estimate  of  a
large  construction  project  is  a  daunting
task  for  even  the  most  experienced
estimators  in  the  construction  industry;
this  is  compounded  by  the  fact  that
todays  estimators  are  required  to  take
into  account  a  multitude  of
nontraditional  factors  when  developing
estimates.
       One  of  these  factors  that  can
intensify  this  task  even  further  is  the
effect  inflation  has  on  materials,  labor,
and  equipment  rentals  [11].    In  addition
to  inflation,  a  job  that  is  located  outside
of the US must take into account currency
fluctuations  which  are  often  unstable
because inflation is not steady in a global
economy [17].
       Inflation  is  defined  as  the  general
change  in  prices  caused  by  debasement
of the value of currency [7] and tends to
fluctuate  erratically  making  it  difficult  to
predict  for  any  period  of  time.    Even
though  inflation  has  been  evident
throughout  history,  the  construction
industry believes the effects of inflation in
the  current  economic  climate,  as  many
common  construction  materials  have
outpaced inflation many times over [13].
Estimators  must  keep  themselves
informed  on  current  pricing  information
by  staying  in  contact  with  suppliers  and
subcontractors  and  appropriately
adjusting allowances for inflation [11].
       As  technology  becomes  a  larger
factor  in  the  construction  industry  more
companies  are  reaching  farther  across
the  globe  for  projects  which  open  up  an
entirely  new  set  of  logistical  challenges
involved  with  procuring  materials  and
equipment.    Currency  fluctuations  have
long  been  recognized  as  an  important
factor  in  projects  involving  the  global
economy [17].
       Many  estimators  are  capable  of
pricing  construction  projects  based  on
previous  experiences,  provided  that  the
work  is  similar  in  nature,  size,  and
demographics.    However,  the  estimator
must take into consideration factors such
as  the  currency  exchange  rate  if  the
project  is  located  outside  of  the  US,  and
the  differing  rate  of  inflation  if  such  a
change has occurred.
       In  some  cases,  a  fluctuation  in  the
exchange rate between the US dollar and
an  international  currency  may  occur
during the negotiation phase leading to a
difference  in  the  estimate  [17].    This
fluctuation  may  or  may  not  be
temporary;  there  is  no  way  to  definitely
tell.
       The  estimator  may  not  be  able  to
predict  a  change  in  currency  fluctuation
or  inflation,  increasing  the  projects  risk
and in most cases a percentage of money
is  added  to  the  budget  to  offset  these
potential costs [11].
       Owners  in  todays  economic  climate
are  more  cautious  with  funding  than  in
recent  years.    Inflationary  pressures  and
increased  construction  activity  are
causing many building projects to come in
well over owners budgets.
       Incidences  of  building  projects
coming  in  over  budget  are  not  expected
to  cease  [18].    Under  certain
circumstances a potential solution to this
unquantifiable  risk  to  the  contractor  is
the  use  of  cost  reimbursable  contracts.
These have many advantages for both the
owner  and  the  contractor.  One  is  a
reduction  of  the  effect  inflation  has  on
capital cost by allowing a fee to be paid as
a percentage of incurred cost.
       Cost reimbursable contracts are used
in  situations  vulnerable  to  rapid  change
to  allow  for  flexibility  to  deal  with  the
diverse  demands  of  the  owners  and
contractors [8].
       When  analyzing  construction  costs,
materials  have  a  huge  effect  on  the
overall  cost  of  the  project.  This  is  true
regardless  of  the  type  of  contract  being
used.  With  the  construction  boom  in
China  creating  a  worldwide  demand  for
materials,  prices  are  even  more  volatile.
This  has  pushed  owners  and  contractors
to  look  for  more  efficient  ways  of
obtaining materials [13].  
Currency Fluctuation and 
Inflation Impact on 
International Mega Projects:
A Mexican Case Study
Dr. Carla Lopez del Puerto, CCC
Abstract: This article:
      examines the challenges of accurately estimating construction costs for in-
ternational projects. A case study is used to illustrate the challenges that con-
struction projects in Mexico faced with the 2009 devaluation of Mexican currency.
      Presents a hypothetical example and a case study of the Durango-Mazatlan
highway. The project consists of 143 miles of highway, 115 bridges and 63 tun-
nels.
      Finds that the construction costs of highway Durango-Mazatlan in Mexico in-
creased by 20 percent because of cost increases tied to the peso-dollar parity.
      Analyzes the impact to the project and discusses strategies that cost engi-
neers can use to minimize the risk of economic loss in international construction
projects resulting from political and economic instability.
       The study concludes that using cost reimbursable contracts, transferring the
risk of cost uncertainty to the owner, maintaining contact with local subcontrac-
tors and suppliers and maintaining international project databases minimize the
risk resulting from currency fluctuations on international mega-projects.  This ar-
ticle was first presented at the 2011 Annual Meeting as CSC-558.
Key Words: Construction costs, devaluation, estimation, inflation, international
and risk
TECHNICAL ARTICLE
       Procurement  of  both  materials  and
equipment  in  the  global  economy
increases  exposure  to  natural  disasters
and transport incidents. Contractors face
these  challenges  when  trying  to  secure
materials  without  having  to  pay  an
excessive  price,  as  a  result  of  inflation
and currency fluctuations [17]. 
       Inflation  is  not  uncommon  and
people have come to expect it as a fact of
life [13]. It is still difficult to predict, and
one  tool  estimators  may  use  to  help
mitigate the risk is the creation of a cost
database.  It  is  especially  important  for
cost databases to be updated regularly in
order  to  be  effective  against  potential
inflation and currency fluctuations when
estimating  the  cost  of  international
projects outside your own country [6].
       When developing and maintaining a
cost  database,  the  project  should  be
analyzed in regards to its size, year being
built,  inflation  rate,  local  market
condition,  complexity,  procurement
method,  and  site  conditions.    This  is  in
order to obtain an applicable and up-to-
date  inflation  index,  and  current
exchange  rates  for  international
currencies [1].
       Some countries react to inflation by
devaluating  their  currency,  making  their
exported  materials  cheaper  and
therefore  more  attractive  for  other
markets  to  purchase  in  large  quantities.
This may temporarily boost the countrys
growth,  but  in  actualitydevaluation
aggravates  inflation  and  causes  the
currency  rate  to  be  even  more  erratic
[16].  The main goal is typically to boost
a  countrys  economy,  not  damage
others  buying  power,  but  devaluation
creates  more  harmful  effects  than  good
outcomes [5].
       When  it  comes  to  developing  an
estimate  for  an  owner,  project
estimators  have  no  control  over
inflation,  or  over  the  fact  that  building
construction  is  at  risk  of  much  higher
material  cost  increases  than  the  general
rate of inflation [13].  In a perfect global
economy,  money  would  not  be
susceptible  to  inflation  or  deflation  and
every  country  would  have  equal  buying
power [10].  All construction projects are
susceptible to the effects of inflation and
estimating  the  cost  of  international
projects  is  even  more  complex  as  it
involves  working  in  international
currencies [6]. 
       The effects of inflation and currency
fluctuations  are  particularly  hard  on
countries  such  as  Mexico.    For  example,
Mexico  experienced  an  unprecedented
devaluation  between  2008  and  2009.
The  exchange  rate  reached  MX$15  per
dollar  (see  figure  1).  This  led  to  an
inflation  increase  of  40  percent,
compared to the previous year [4].
Mexicos  Public  Works  and  Related
Services Law
       In order to address cost fluctuations
in  Mexico,  and  to  eliminate  speculation
about  the  costs  of  construction  projects
resulting  from  inflation  and  currency
fluctuations,  Mexicos  Public  Works  and
Related  Services  Law  allows  for  costs  to
be increased or reduced.
       Article  56  of  the  Public  Works  and
Related  Services  Law  states  that  costs
can  be  adjusted  after  proposals  have
been  submitted  when  the  work  has  not
been performed according to the agreed
to  schedule  by  both  the  owner  and  the
contractor.
       The three possible cost adjustments
procedures,  as  stated  in  Article  57,
include the following. 
      Review  of  each  contract  price  to
obtain the adjustment.
      Review  per  price  group,  which
multiplied  by  the  corresponding
volume  of  works  to  be  performed,
represents at least 80 percent of the
total  remaining  amount  of  the
contract. And,
      In  the  event  of  works  where  the
proportion  in  which  the  elements
participating  in  the  total  direct  cost
thereof is set out, the corresponding
adjustment  may  be  determined  by
updating  the  cost  of  the  elements
participating in such proportion. (p.
37) [9].
       As stated in article 58, work that has
been delayed, according to the schedule
submitted as part of the bid documents,
can only be cost adjusted if the delay was
not attributable to the contractor.
       If  the  delay  was  attributed  to  the
contractor,  only  the  portion  of  the  work
that  would  have  not  been  performed
according to the original schedule can be
adjusted.
       The  Bank  of  Mexico  publishes  on  a
bi-weekly  basis  cost  adjustments  for
many items, including materials typically
used  in  construction  processes.  If  a
material is not included in this price list,
the  contractor  shall  calculate  the  price
adjustment based on the guidelines and
methods  issued  by  Bank  of  Mexico.  For
cost  revision  and  adjustment  purposes,
the  original  date  of  the  prices  shall  be
12 COST ENGINEERING DECEMBER 2011
Figure  1Mexican  Peso-US  Dollar  Exchange  Rates
Between August 2008 and August 2009
13 COST ENGINEERING  DECEMBER 2011
the date of presentation and opening of
proposals [9].
       A hypothetical example will be used
to illustrate the effect of Mexicos Public
Works  and  Related  Services  Law.  The
example  will  look  at  two  opposing
situations. First, when the Mexican peso
is  stronger  than  when  the  contract  was
awarded  during  the  construction  phase
and secondly, when the Mexican peso is
weaker  than  when  the  contract  was
awarded  than  during  the  construction
phase.
Hypothetical Illustrative Example
       In  order  to  illustrate  the  impact  of
the  dollar-peso  parity  fluctuations  and
the  Public  Works  and  Related  Services
Law cost adjustment clause, consider the
following  hypothetical  illustrative
example.
Case #1
       The  peso  was  stronger  during  the
construction  period  than  when  the
contract was awarded.
       A  construction  company  bids
and  is  awarded  a
MX$100,000,000  highway
project  in  August  2008,  the
construction period is two years
and  the  company  is  expecting
to  make  a  10  percent  profit  on
the project. It was assumed that
labor  was  40  percent  of
construction cost, 40 percent of
material  cost  and  20  percent
equipment cost.
       Consider  the  following  facts  in
reference to this Case #1 example:
      Construction  equipment  used  in
Mexico  is  often  rented  in  dollars;
therefore it is subject to dollar-peso
currency fluctuations.
      In  August  2008,  the  exchange  rate
was  MX$10  per  dollar,  therefore
MX$20,000,000  equaled
USD$2,000,000,  which  was  what
was  budgeted  in  the  original
estimate.
      In  August  2009,  which  was  the
midpoint  of  construction,
USD$2,000,000  equaled
MX$25,074,000  (using  an  exchange
rate  of  MX$12.87).  This  increased
the  total  construction  cost  from
MX$100,000,000  to
MX$105,074,000,  which  is  a  5.5
percent cost growth.
      In  this  case,  the  contractor  had  to
take a $5,074,000 loss.
       Using the same example, lets add to
the  contract  wording  establishing  that
the  cost  will  be  adjusted  following  the
indices  published  by  Bank  of  Mexico,  as
allowed in article 56 of the of the Public
Works and Related Services Law.
       Including  this  adjustment  provision
would have the following impacts on the
Case #1 example:
      During  this  time  period,  Bank  of
Mexico  adjusted  the  index  of
equipment  rental  from  113.4  to
129.36,  which  is  a  14.07  percent
increase.
      In  this  case  the  public  owner
adjusted  the  contractors  bid  from
MX$20,000,000  to  MX$28,000,000.
Because  of  equipment  rental  cost
increases,  the  total  budget
increased  from  MX$100,000,000  to
MX$108,000,000.
      In  this  case,  the  public  owner  is
responsible  for  the  MX$8,000,000
cost growth.
       Now,  lets  use  basically  the  same
example, but during a time period when
the  Mexican  peso  was  stronger  during
the  construction  period  than  when  the
project was awarded.
Case #2
       The  peso  was  stronger  when  the
contract  was  awarded  than  during  the
construction  period.    Consider  the
following  facts  in  reference  to  this  Case
#2 example:
      In  August  2009  the  exchange  rate
was  MX$12.87  per  dollar,  therefore
MX$20,000,000  equaled
USD$1,554,002,  which  was  what
was  budgeted  in  the  original
estimate.
      In  August  2010,  which  was  the
midpoint  of  construction,
USD$1,554,002  equaled
MX$19,471,645  (using  an  exchange
rate  of  MX$12.53).  This  decreased
the  total  construction  cost  from
MX$100,000,000  to
MX$99,471,645,  which  is  a  -0.5
percent cost growth.
      In  this  case  the  contractor  had
$528,355 extra profit.
       Using  the  same  example,  except
establishing in the contract that the cost
will  be  adjusted  following  the  indices
published by Bank of Mexico, as allowed
in  article  56  of  the  of  the  Public  Works
and  Related  Services  Law.    Then  the
impact would be as follows:
      During  this  time  period,  Bank  of
Mexico  adjusted  the  index  of
equipment  rental  from  129.36  to
126.78,  which  is  a  2  percent
decrease.  The  public  owner
adjusted  the  contractors  bid  from
MX$20,000,000 to MX$19,601,113.
      In this case, the public owner saved
MX$398,887.
       As  stated  earlier  in  this  article,  and
as shown in the example, Mexicos Public
Works  and  Related  Services  Law  allows
contract  amounts  to  be  increased  or
reduced  according  to  the  indexes
published by Bank of Mexico.
      Government  Pays  LessWhen  the
Mexican peso is stronger against the
dollar  during  the  construction
period  than  when  the  contract  was
awarded,  the  contract  is  reduced
and  the  government  pays  less  than
what  it  originally  agreed  to  pay  in
the contract.
      Government  Pays  MOREWhen
the Mexican peso is stronger against
the  dollar  when  the  contract  was
awarded  than  during  the
construction  period,  the
government pays more than what it
agreed to in the contract.
       Having  walked  the  reader  through
these  hypothetical  examples,  we  now
present  the  highway  Durango-Mazatlan
case study. This highway was being built
during  the  2009  Mexican  peso
devaluation; therefore the Mexican peso
was  weaker  during  the  construction
phase  than  when  the  contract  was
awarded.
Case Study: Highway Durango-Mazatlan
       The  Highway  Durango-Mazatlan
project  was  the  largest  construction
project  let  to  date  in  Mexico.    It  was
designated by Mexicos president as the
project  to  commemorate  the
bicentennial  anniversary  of  Mexicos
independence.  
       This mega project was designed and
it  is  being  built  to  highlight  Mexicos
capability  of  designing  and  building
state-of-the-art  transportation  projects.
The planning and procurement phase for
Highway  Durango-Mazatlan  started  in
2000  when  the  government  decided  to
make  a  national  priority  to  modernize
Mexicos  highway  infrastructure,
generate  employment,  and  encourage
development.
       The  only  existing  travel  route
between  the  city  of  Durango  and  the
port  of  Mazatlan  was  a  narrow  highway
built in 1960. The old highway consisted
of 340 kilometers (211 miles) and it takes
approximately  six  hours  to  travel
between  Durango  and  Mazatlan.  The
new highway cuts through the mountain
range reducing the travel distance to 267
kilometers  (166  miles)  with  a  predicted
travel time of less than three hours [12]. 
       During  the  early  planning  stages  of
the  project,  the  Mexican  Ministry  of
Communications  and  Transportation
(Secretaria  de  Comunicaciones  y
Transportes  in  Spanish  or  SCT)
acknowledged  the  need  of  right-of-way
through ejidos.
       Ejidos  are  communal  farmland
which  was  expropriated  in  the  1920s  by
the  government  from  large  property
owners  and  corporations  and  given  to
community  members  to  work  the  land.
This  land  could  not  be  sold  until  1992,
when a legislation change lifted this ban
[15].
       Expropriation  of  ejidos  for  some
public  projects  has  resulted  in  clashes
between  the  government  and
community members causing significant
delays  and  sometimes  even
cancellations of the projects. With these
in mind, SCT started buying right-of-ways
in  2002,  six  years  before  construction
started. 
       Highway  Durango-Mazatlan
required  complex  technical  solutions  to
meet  the  transportation  infrastructure
requirements of its physical location. The
highway  will  cross  the  Sierra  Madre
Occidental mountain range. The highway
connecting  Durango  and  Mazatlan  in
Mexico consists of 143 miles of highway,
115 bridges, and 63 tunnels.
       The  project  includes  the
construction of the Bicentennial Bastion
Bridge across the Baluarte River canyon.
This is a cable stayed bridge, referred to
as the Puente Baluarte, which has a total
length of 1,124 m (3,688 ft) with a center
span  of  520  m  (1,706  ft)  at  a  height  of
390  m  (1,280  ft).    In  addition  to  the
Bastion  Bridge,  the  project  includes
seven  bridges  with  heights  greater  than
90 m (300 ft) [14].  
       Since  Highway  Durango-Mazatlan  is
in  a  remote  location,  material  and
equipment  access  is  challenging.    Rubio
Rodriguez,  project  director  for  Highway
Durango-  Mazatlan,  employed  by  SCT,
stated  that  in  the  state  of  Sinaloa  the
contractor  had  to  build  160  kilometers
(99  miles)  of  access  roads  to  be  able  to
build  45  km  (28  miles)  of  highway.  [A.
Rubio  Rodriguez,  personal
communication, September 13, 2010].
       SCT  is  also  paying  particular
attention  to  public  outreach.    Highway
Durango-Mazatlan  is  in  the  news  often
and  was  branded  as  the  project  to
commemorate  the  bicentennial
anniversary  of  Mexicos  independence
from  Spain.    The  Bicentennial  Bastion
Bridge  receives  particular  attention
because  of  its  large  span  and  technical
complexity.
Contract Type and Cost Adjustments
       Highway  Durango  Mazatlan  was  a
design-bid-build  lump-sum  contract.
However, as stated earlier in this article,
14 COST ENGINEERING DECEMBER 2011
Table 1 Construction Contracts for Highway Durango-Mazatlan [14]
15 COST ENGINEERING  DECEMBER 2011
Mexicos  Public  Works  and  Related
Services  Law  allows  adjustment  of  the
costs that make up the unit prices in the
contract,  based  on  the  index  published
by the Bank of Mexico.
       SCT decided to adopt this approach
to  eliminate  speculation  about  the  cost
of  the  project  because  of  inflation  and
currency fluctuations. This contract type
makes  SCT  at  risk  for  cost  fluctuations.
The  project  was  also  funded  by  the
national  fund  for  infrastructure  (Fondo
Nacional  de  Infraestructura  or  Fonadin)
and  the  Trust  Durango-Mazatlan
(Fideicomiso  Durango-Mazatlan  or
Fiduma) [14].
       As  shown  in  table  1,  the
construction phase was divided into four
contracts  to  minimize  the  risk  of  a
company defaulting and to allow several
companies  to  participate  in  the
construction  phase.  The  request  for
proposals  stipulated  that  no  company
could  be  awarded  more  than  one
project.  SCT  awarded  each  contract  to
the  lowest  bidder  who  met  the  criteria
stated in the RFP.
       Highway  Durango-  Mazatlan  was
being  built  in  2008,  when  the  Mexican
peso was devaluated. This change in the
peso-dollar  parity  caused  the  indices
published by Bank of Mexico to increase,
which  resulted  in  a  cost  increase  from
$15 billion pesos to $18 billion pesos [3].
Since  the  public  owner  was  at  risk  for
cost  fluctuations,  it  had  to  pay  20
percent more to the contractors. 
Even  though  international  construction
projects may be riskier than national and
local projects, often the rewards of doing
business  in  international  markets  make
these projects attractive to construction
companies.
       International  construction  projects
allow  companies  to  smooth  business
cycles  when  the  economy  is  slow  in  the
national  market  and  grow  their  bottom
line.
       In the case of the highway Durango-
Mazatlan,  the  public  owner  was  at  risk
for  cost  fluctuations  which  eliminated
speculation  about  the  cost  of
construction  projects  because  of
inflation  and  currency  fluctuations.  This
allowed  the  contractors  to  bid  the
project  without  escalating  their  costs  or
adding  a  contingency  for  unpredictable
currency fluctuations.
       As  shown  in  this  article,  estimating
the  cost  of  international  construction
projects  adds  another  layer  of
complexity  for  cost  estimators.  In
addition  to  taking  into  account  the
traditional  factors,  estimators  must  also
take  into  account  other  factors  such  as
currency  fluctuations  and  increased  risk
for  material  being  damaged  during
transportation.    In  order  to  reduce  the
economic  risk  for  construction
companies  doing  business  in
international  countries,  cost  estimators
may  consider  the  following
recommendations:
      Consider  using  cost  reimbursable
contracts.  This  type  of  contract
minimizes  the  risk  to  contractors
resulting  from  inflation  and
currency  fluctuations.  Typically,  the
contractor fee is a percentage of the
construction cost.
      Investigate  whether  the  country
allows  clauses  similar  to  Mexicos
Public  Works  and  Related  Services
Law  that  allows  contracts  to  be
increased  or  reduced,  based  on  an
index.
      Maintain  contact  with  local
subcontractors  and  suppliers  that
can  provide  current  pricing
information.  And,
      Develop  and  maintain  an
international  project  database  that
includes  information  about  the
project including, location, size, year
built,  inflation  rate,  currency  rate,
local market conditions, etc. 
REFERENCES
1.     Assiskumar,  S.,  Historical
Construction  Cost  Database  and  Its
Application,  AACE  International
Transactions,  AACE  International,
Morgantown, WV, 2008.
2.     Banco de Mxico, ndices de Precios
al Consumidor y UDIS: Actualizacin
de  costos  de  las  obras  pblicas,
referenced  on  December  6,  2010,
from: 
http://www.banxico.org.mx/polmo
neinflacion/estadisticas/indicesPrec
ios/CosObrasPub.html.
3.     El  Economista,  Construccin  de
autopista  Durango-Mazatln  se
encarece,    2010,  referenced  on
September  6,  2010,  from:
http://eleconomista.com.mx/indust
ri as/2010/03/01/construcci on-
autopista-durango-mazatlan-se-
encarece.
4.     Explorando  Mexico (n.d.),
referenced  on  September  6,  2010,
f r o m :
www.explorandomexico.com/about
-mexico/6/264/
5.     Gandel,  S.,  A  Currency  Race  to  the
Bottom,  Academic  Search  Premier,
January 17, 2001.
6.     Hewitt,  P.M.,  Development  of  an
International  Cost  Database,  AACE
International  Transactions,  AACE
International,  Morgantown,  WV,
2001.
7.     Hollmann,  J.K.,  and  L.R.  Dysert,
Escalation  Estimation:  Working
With  Economics  Consultants,  AACE
International  Transactions,  AACE
International,  Morgantown,  WV,
2007.
8.     Nkuah,  M.Y.,  Progress  and
Performance  Control  of  a  Cost
Reimbursable  Construction
Contract,  Cost  Engineering,  AACE
International,  Morgantown,  WV,
pages 13-18, May 2006.
9.     Public  Works  and  Related  Services
Law,  2009,  referenced  on
September 6, 2010 at: 
http://www.diputados.gob.mx/Leye
sBiblio/pdf/56.pdf
10.   Rahn,  R.W.,  A  Constant  Unit  of
Account,  Cato  Journal ,  pages  521-
533, Fall 2010.
11.   Rajpatty,  S.J.,  The  Role  of  the
Estimator  in  Today's  Construction
Industry,  AACE  International
Transactions,  AACE  International,
Morgantown, WV, 2008.
12.   Revista  Consultora,  Puente
Baluarte:  Un  Gran  Reto  para  la
Ingeniera  Mexicana,  2010,
referenced  on  September  5,  2010,
f r o m :
http://www.revistaconsultoria.com.
mx/articulos/puente-baluarte.html.
13.   Rowse,  B.,  Construction  Material
Costs:  Recent  Years  and  Beyond,
Cost  Engineering,  AACE
International,  Morgantown,  WV,
January 2009.
14.   Secretara  de  Comunicaciones  y
Transportes,  Autopista  Durango-
Mazatln,  2008,  referenced  on
September  6,  2010,  from:
http://www.sct.gob.mx/uploads/m
edia/080722_Conferencia_de_pren
sa_-_Durango-Mazatlan.pdf.
15.   Secretara  de  la  Reforma  Agraria,
Reforma  constitucional  de  1992:  La
cmara  de  diputados,  2009,
referenced  on  September  6,  2010,
from:
http://www.sra.gob.mx/sraweb/con
oce-la-sra/historia/la-camara-de-
diputados/.
16.   Seymour,  R.,  Currency  Wars,  The
Middle  East,  pages  44-45,  January
2011.
17.   Thompson,  D.M.,  Plan  Local,  Buy
Global,  AACE  Transactions,  AACE
International,  Morgantown,  WV,
1996.
18.   Waddle, T. W., The Contractor's Role
in  Building  Cost  Reduction  After
Design  (Bringing  a  Project  Into
Budget),  Cost  Engineering,  AACE
International,  Morgantown,  WV,
pages 14-21, February 2008.
ABOUT THE AUTHOR
       Dr.  Carla  Lopez  del  Puerto,  CCC,  is
with  the  Colorado  State  University.    She
can be contacted by sending e-mail to:
carlalp@colostate.edu
16 COST ENGINEERING DECEMBER 2011
Expertise. Technology. Results.
Energy and Sustainability 
Management
Capital Budgeting and 
Programming
Sustainable Planning and 
Design
Program and Construction 
Management
Capital Asset Management
www.mocasystems.com
AACE Internatonal members
are being advised of annual electon
procedures and claricatons from the
Nominatng Commitee on rules and
procedures.
Each members primary sec-
ton  will  be  used  to  determine
whether  or  not  they  get  to  vote  for
Region  Director  candidates.  What  is
on le in the AACE database as of Dec.
31 is what will be used.  Any member
who has moved or otherwise needs to
update which region they are in will
need to make any changes or updates
prior  to  Dec.  31.    Members  will  be
locked in to their on le primary sec-
ton  locaton  as  of  Dec.  31.    Any
changes or updates afer Dec. 31 will
not change which ballot a member re-
ceives in the 2012 electon.
VOTING IN THE 
AACE 2012 ELECTION
Tired of re-inventng the wheel?
AACE Presents: Monthly online presentatons based on the most highly 
acclaimed technical presentatons at our Annual Meetng.
Cost Engineering journal: Each member receives the Cost Engi-
neering journal as well as access to archived back issues online. 
AACE Internatonal provides you with the latest in transferable techniques and recommended practces
to be on the cutng edge of the total cost management practce.  Here are just some of the resources
our members receive to give them a compettve advantage in the workplace:
Virtual Library: An online library of more than 4,500 technical papers on every aspect of total cost 
management.  Members may download papers for free for their personal use.
Visual TCM Framework:  Our members can now access the Visual TCM Framework on the AACE 
Internatonal website.  Visual TCM Framework provides a unique perspectve on this highly acclaimed
resource that only members have access to through AACE. 
For more informaton on
how we can help your 
career evolve to the next
level, contact
AACE Internatonal, 
1265 Suncrest Towne Ctr,
Morgantown, WV 26505 
Phone: +1.304.296.8444 
Fax: +1.304.291.5728 
Email: info@aacei.org  
or visit our website at:
www.aacei.org.
Mentoring: AACE Internatonal members can partcipate in our
mentoring program as a mentor or as a mentee/partner.   A
great way to advance your own career or help give back to the
TCM practce community. 
Discounts on AACE Programs and Certcatons: Members
earn discounts on AACE educatonal and training programs
such as our Annual Meetng, the Internatonal TCM Confer-
ence and our certcaton programs.  
Career Center: Members can register for job alerts, re-
ceive tps on advancing their career and view
job postngs from leading companies in the TCM
eld as well as have access to our annual
Salary Survey.
19 COST ENGINEERING  DECEMBER 2011
I
t  is  a  generally  accepted  principle  in
construction  that  only  delays  critical
to  project  completion  can  be
considered  compensable,  or  liable,  from
the  owner.    Non-critical  delays  simply
absorb  project  float,  and  do  not  allow
recovery  of  delay  (time-related)
damages.  As such, a subcontractor that is
extended  on  a  project  because  of  a  non-
critical delay, may not be able to recover
for the costs of its superintendent, office
staff, trailers, and sometimes equipment.
       Another  concern  for  subcontractors
is  that  GCs  often  insist  on  contract
language  that  delay  costs  are  only
reimbursable  if  liability  exists  and  delay
costs  are  actually  recovered  from  the
owner.    The  inclusion  of  such  language
can  shift  the  risks  of  delay  on
construction  projects  to  subcontractors
the  party  that  may  have  the  least
amount  of  control  over  the  progress  of
construction.  But that doesnt mean the
subcontractor  does  not  actually  incur
delay-related  costs,  including  when  the
subcontractor  incurs  delays  to  its  work
that is not on the projects critical path.
       A  common  example  of  this  type  of
delay  is  when  a  drywall  subcontractor
who  is  delayed  on  a  particular  floor
because  of  an  owner  change  in  the
rough-in  electric,  but  the  project
schedule  shows  the  drywall  activities
have  sufficient  float  remaining  to  absorb
the delay.  The overall project completion
date  is  not  extended,  but  the  drywall
contractor  is  forced  to  be  on  the  project
longer than anticipated.  In this situation,
the  question  becomes:    Is  the
subcontractor  entitled  to  recover  for  the
extra  costs  it  has  incurred  because  of
these delays?  
       To  address  such  questions  and
facilitate  the  discussion,  this  article  is
organized into the following sections:
      Pass-through claims:  The contractual
relationship  between  a
subcontractor and an owner.
      Recovering  delay  damages  through
the Miller Act.
      Combating  the  no  damage  for  delay
clause.  And, 
      Overall  strategies  for  proving  a
subcontractors delay claim.
       The  recommendations  in  this  article
are  technical  scheduling  suggestions
based  on  the  authors  experience  with
construction  delay  and  disruption  cases.
We recommend that parties that may be
involved with these issues seek guidance
related to any potential legal implications
from  a  knowledgeable  construction
attorney.
Pass-Through  Claims:    The  Contractual
Relationship  Between  a  Subcontractor
and an Owner 
       In  general,  a  subcontractor  does  not
have  standing  to  bring  a  suit  against  the
owner for damages caused by the owner
because  of  a  lack  of  privity  of  contract.
See  Erickson  Air  Crane  Co.  of  Wash.  v.
United  States,  731  F.2d  810,  813
(Fed.Cir.1984).
       However,  under  certain
circumstances, subcontractors are able to
recover  damages  caused  by  the  owner
through  the  use  of  pass-through  claims.
A pass-through claim is a claim:
      by a subcontractor who has incurred
damages  resulting  from  the  actions
of  the  owner/government  with
whom it has no contract; and
      submitted  by  the  GC  who  has  a
contractual  relationship  with  both
the  subcontractor  and  the
owner/government.
       See:  Interstate  Contracting  Corp.  v.
City of Dallas, 135 S. W.3d 605, 610 (Tex.
2004).
       As  such,  the  claim  from  the
subcontractor  passes-through  the
prime  contractor  to  the
owner/government.
       In  order  to  submit  a  pass-through
claim  to  the  owner,  the  general
contractor must, sponsor and certify the
subcontractors  claim  and  bring  the
action  in  its  own  name  [6].    This
certification,  must  be  submitted  with
the prime contractors belief that there is
good  ground  for  the  claim,  which  is
different  from  the  prime  contractors
belief  that  the  claim  is  certain  [6].    In
addition, a contractor is limited to passing
through  only  those  suits  for  which  it  is
liable to the subcontractor.  See Severin v.
United States, 99 Ct. Cl. 435 (1943).
The Severin Doctrine
       With respect to contracts with the US
federal government, the Severin doctrine,
developed  from  the  case  of  Severin  v.
United  States,  99  Ct.  Cl.  435  (1943),
places  limits  on  the  governments
exposure to pass-through claims.
       In  the  Severin  case,  the  court  held  a
subcontractor  could  not  recover  against
the  government  in  a  representative
Can a Contractor Have a 
Critical Path Delay When the 
General Contractor Does Not?
Christopher W. Carson, PSP; Mark Boe, PE; 
and Shannon L. Campbell, PSP
Abstract: To prove entitlement to delay damages, it has been reasonably estab-
lished (by best practices, as well as case law) that a contractor must show a critical
path delay to project completion. But, what happens when an owner-impact ex-
tends the time a subcontractor must remain on the job, but doesnt extend the
project completion date?  Shouldnt the owner be liable for any damages to the
subcontractor? If not the owner, wouldnt the GC have some risk? What type of
analysis would be required to prove entitlement to these subcontractor delays?
Does current case law have any answers? This article will discuss the issues, ex-
amine existing case law, establish how experts analyze and prove subcontractor
delays, and provide an example of an analysis for this condition.  This article was
first presented at the 2011 Annual Meeting as CDR-635.
Key Words: Claims, contracts, contractors, critical path delay, damages, and sub-
contractors
TECHNICAL ARTICLE
lawsuit  if  the  prime  contractor  was  not
also  liable  to  the  subcontractor  on  the
same claim. See Severin, 99 Ct.Cl. at 443.
Thus,  under  the  Severin  doctrine,  a
prime  contractor  may  sue  the
government  on  behalf  of  its
subcontractor,  in  the  nature  of  a  pass-
through  suit,  for  costs  incurred  by  the
subcontractor  [because  of  the
governments conduct] . . . [i]f the prime
contractor  proves  its  liability  to  the
subcontractor for the damages sustained
by  the  latter  .  .  .  a  showing  [which]
overcomes  the  objection  to  the  lack  of
privity between the government and the
subcontractor.  See  Harper/Neilsen-
Dillingham,  Builders,  Inc.  v.  United
States, 81 Fed. Cl. 667, 674-6-75 (2008);
see  also  E.R.  Mitchell  Constr.  Co.  v.
Danzig,  175  F.3d  1369,  1370  (Fed.  Cir.
1999).
       The  burden  of  proof  under  this
doctrine  has  shifted  to  the  owner  to
prove  that  the  prime  contractor  is  not
liable  to  the  subcontractor  for  the
respective claims. See Erickson Air Crane
Co.  of  Wash.  v.  United  States,  731  F.2d
810  (Fed.Cir.1984);  Blount  Bros.  Constr.
Co.  v.  United  States,  171  Ct.Cl.  478,  346
F.2d 962, 964-65 (1965).
Liquidating Agreements
       Through  the  years,  the  Severin
doctrine has been refined to narrow the
severe  consequences  of  its  strict
application.
       One  example  of  this  narrowing  is
that  the  Severin  doctrine  requires  a
complete  release  or  contract  provision
immunizing  the  prime  contractor  from
any  liability  to  the  subcontractor.    See
E.R.  Mitchell  Constr.  Co.  v.  Danzig,  175
F.3d at 1370 (Fed. Cir. 1999).
       Thus, the Severin doctrine does not
bar  a  suit  against  the  government  if  the
GC  and  the  subcontractor  enter  into  a
well crafted liquidating agreement.
       The  concept  surrounding  a
liquidating  agreement  is  that  the
subcontractor  releases  the  GC  from
liability,  and  in  exchange,  the  GC  agrees
to  pursue  the  claims  against  the  owner
on behalf of the subcontractor.
       A  liquidating  agreement  has  two
seemingly  opposite  purposesfirst,  to
satisfy the Severin doctrine requirement
that  the  GC  is  technically  and  legally
liable  to  the  subcontractor  for  the  claim
being  passed  through;  second,  to  limit
the  risk  to  the  GC  in  the  event  that  the
pass-through claim is not successful.
       One  New  York  Supreme  Court
stipulated  what  was  required  in  a
liquidating agreement:
    the  prime  contractor  acknowledges
liability  to  the  subcontractor  for
increased costs;
      the  prime  and  sub  agree  to
liquidate  that  liability  to  the
amount the prime is able to recover
from the project owner; and,
      the prime agrees to pursue the subs
claim  and  pass  through  the
recovery, if any, to the sub.
       See, e.g., Bovis Lend Lease LMB Inc.
v. GCT Venture, Inc., 285 A.D.2d 68, 728
N.Y.S.2d 25, 27 (N.Y.App.Div.2001).
       In  entering  these  agreements  it  is
important  for  a  subcontractor  to  make
certain  that  it  has  some  authority  or
influence  over  the  owner/GCs  ability  to
settle claims. Without this authority, the
owner/GC  may  settle  claims  without
regard  to  the  interest  of  the
subcontractor.
       The  following  are  examples  of  how
pass-through  claims  are  handled  in  the
US federal courts:
E.R.  Mitchell  Constr.  Co.  v.  Danzig,  175
F.3d 1369, 1370 (Fed. Cir. 1999)
       In  this  case,  the  US  Federal  Circuit
found  the  government  liable  for
unabsorbed home office overhead costs
of  a  subcontractor  whose  work  was
delayed  by  the  owner,  even  though  the
prime contractor was not delayed in the
completion of the overall project.
       The  subcontractor,  Clontz-Garrison
Mechanical  Contractors,  Inc.,  (CG),  was
delayed  60  days  by  owner-caused  poor
plans and specifications.  CG submitted a
pass-through  claim  to  E.R.  Mitchell
Construction  Co.,  (Mitchell),  who
brought  a  suit  against  the  government
on behalf of CG.
       The court found that:
      There  was  no  dispute  regarding  the
governments  liability  for  the  faulty
plans  and  specifications  or  the
number  of  days  that  the
subcontractor was delayed. 
      The  government  had  approved  the
schedule  which  stipulated  the
timeframe  in  which  CG  was
supposed to work.  
      The  government  was  put  on  notice
that  the  delay  was  increasing  the
costs of both Mitchell and CG.
      The subcontractor satisfied all of the
requirements  for  entitlement  to
Eichleay damages.  And,
       it  should  be  clear  that  our
decision  on  the  legal  issue  in  this
case  is  dependent  on  the  operative
facts of this case, which include the
awareness  and  approval  by  the
government  of  CGs  duty  to  have
completed  its  work  by  a  date
certain.
       While  this  case  clearly  shows  an
example of case law where the owner is
responsible  for  delay  damages  resulting
from owner issues that were not on the
critical  path,  the  case  has  limited
application  because  the  government
failed  to  raise  the  Severin  doctrine  as  a
defense  in  the  case.    Thus,  the  appeals
court  did  not  allow  it  to  then  raise  this
defense on appeal.  Had the government
raised  this  defense  at  trial,  the
government  may  have  been  able  to
prove  that  the  contractor  was  not  liable
to  the  subcontractor  for  these  delay
costs.    Assuming  that  the  government
succeeded in this assertion, the outcome
of  this  case  may  very  well  have  been
different.
J.L.  Simmons  v.  United  States,  304  F.2d
886 (Ct. Cl. 1962)
       In J.L. Simmons v. United States, the
court  defined  the  basic  requirements  of
a  liquidating  agreement.  The  court  held
that where a prime contractor agreed to
reimburse its subcontractor for damages
suffered at the hands of the government,
but only as and when the prime received
payment for the subcontractor from the
government, the prime may maintain its
action  against  the  US  on  behalf  of  the
subcontractor.
       The  court  further  held,  under  the
specific facts of that case, that a waiver
of  lien  and  release  did  not  negate  an
action by the prime contractor on behalf
of  its  subcontractors  where  the
subcontracts  did  not  expressly  negate
the  primes  liability,  even  though  the
20 COST ENGINEERING DECEMBER 2011
waivers  provided  that  if  the  prime  was
unsuccessful  in  prosecuting  the
subcontractor claims the prime's liability
would be extinguished.
       In  US  state  courts,  the  extent  to
which a contractor must admit liability to
a  subcontractor  before  sponsoring  a
claim varies.  As stated elsewhere in this
article,  a  subcontractors  success  is
wholly  dependent  on  the  circumstances
of  the  subcontractors  case  and  the
jurisdiction  in  which  the  case  will  be
heard.
       There  are  two  basic  arguments
which  favor  the  sponsorship  of
subcontractor  pass-through  claims.
First,  it  facilitates  the  settlement  of
claims  among  the  owner,  prime  and
subcontractors,  by  bringing  all  the
parties  together  in  the  same  forum  to
resolve  disputes.    Second,  it  allows  the
contractor to avoid the two-step process
of  litigating  with  the  subcontractor  and
then  turning  to  the  owner  to  reclaim
these damages [11]. 
Recovering Delay Damages Through the
Miller Act
       Most  people  in  the  construction
business  are  familiar  with  the  intent  of
the Miller Act, 40 U.S.C.  3133.  On non-
federal  projects,  first  and  second  tier
subcontractors can typically add a lien to
a  project  to  secure  payment  for  labor
and  materials  which  were  provided  for
that project.
       Because  mechanics  liens  are  not
allowed  on  US  federal  projects,  the
Miller  Act  was  passed  requiring  a  GC  to
secure  payment  bonds  as  a  means  for  a
subcontractor  to  receive  payment  for
labor  and  materials  furnished  [5].    A
discussion on payment bonds is relevant
to  this  article  based  on  the  success
subcontractors  have  had  in  recovering
delay  damages  through  the  use  of  the
payment bond.
       The  general  trend  with  regard  to
recovering delay damages on a Miller Act
payment  bond  is  that  they  are
recoverable  especially  if  they  are
characterized  as  increased  labor  and
material  costs  [3].    The  fact  that  the
delay  may  be  the  owners  fault  and  not
the prime contractors is not relevant [3].
There  are  some  general  policy
considerations  that  have  supported  a
broader  interpretation  of  the  Miller  Act
with regard to delay damages.
       The following rationale would allow
for typical delay costs to be recovered by
the Miller Act:
       The cost of labor and material
on  a  construction  project
includes  supervision,  job  site
office,  and  other  overhead
costs,  which  are  recoverable
against a Miller Act bond as part
of  contract  costs.    Increased  or
extended  overhead  costs  are
typically recoverable on a Miller
Act  bond  and  should  still  be
recoverable  when  increased  by
delays [3].
       In  one  case,  a  court  awarded  delay
damages  because  of  active  interference
of  the  prime  contractor  despite  the
existence  of  a  No  Damage  for  Delay
clause  [4]  (discussed  more  fully  below).
Another  court  determined  that  without
the  ability  to  recover  delay  damages
through  the  payment  bond,  the
subcontractors  options  for  recovery  of
said  damages  would  otherwise  be
inadequate [4].
       On  non-federal  cases,  state  courts
have  had  differing  opinions  with  regard
to  what  extent,  if  any,  a  subcontractor
can  recover  delay  damages  on  a
payment  bond  [3].    Some  states  have
enacted  little  Miller  Act  statutes,
which  allow  their  state  courts  to
interpret the state statutes based on the
US federal act.  As previously mentioned,
it  is  wholly  dependent  on  the
circumstances  of  the  subcontractors
claim.
       There  are  certain  issues  which  a
subcontractor  must  be  aware  of  with
respect  to  payment  bonds  if  it  plans  on
claiming against a GCs payment bond to
recover delay damages: 
      It  is  the  subcontractors
responsibility  to  be  aware  of
whether  or  not  a  payment  bond  is
required  for  a  project  which  it  is
considering  working  on.    For
instance,  a  payment  bond  is  not
required  under  the  Miller  Act  for
projects  awarded  under  $100,000
[4].
      If  required  by  the  contract,  it  is
equally  important  that  a
subcontractor  follow  up  and  ensure
that  the  payment  bond  is  attained
by the prime contractor despite the
fact  that  attainment  of  a  bond  may
be required by the contract.
        In  Greenville  Independent
School  District  v.  B&J  Excavating,
Inc.,  the  subcontractors  and
suppliers  were  unable  to  recover
damages on a public job because of
a  failure  by  the  prime  contractor  to
obtain a payment bond.  
        Certain  contract  language  may
be  included  to  require  a  contractor
to furnish a copy of the bond to the
subcontractor (or other beneficiary)
such  as  the  language  included  in
A201-207 Section 11.4.2 [13].
      Filing  suit  for  a  Miller  Act  payment
bond  must  be  initiated  within  12
months  of  the  subcontractor
providing  the  last  work  on  the
project  [3].    A  subcontractor  should
be  aware  of  any  contract  language
attempting  to  require  dispute
resolution  which  would  preclude  it
from  initiating  the  Miller  Act
payment bond in time.
      The amount of liability that a surety
has  under  the  payment  bond  is
limited to the penal sum set forth on
the  bonds  face.    Consequently,  in  a
situation  where  there  are  multiple
claims  such  that  the  amount  of
claim  is  higher  than  the  penal
amount,  then  the  total  pool  of
successful bond claimants will take a
pro rata share of the penal sum [4].
Combating  the  No  Damage  for  Delay
Clause
       The  existence  of  the  No  Damage
for Delay (NDFD) clause is to protect the
owner  or  GC  from  paying  monetary
damages  when  a  project  is  delayed.
However,  the  existence  of  widely
accepted  exceptions  and  lack  of
enforceability  in  some  states  has
muddied  the  waters  with  respect  to
the  success,  or  lack  of  success,  that  an
owner/GC  may  have  with  using  this
clause as a defense.
       In any case, it is good business sense
for  a  subcontractor  to  plan  that  the
NDFD  clause  will  be  enforced.    Possible
locations  in  a  contract  for  the  NDFD
21 COST ENGINEERING  DECEMBER 2011
22 COST ENGINEERING DECEMBER 2011
clause  are  the  following  sections:  Time
for  Completion;  Scheduling  and
Delays; and Claims.
       The  typical  clause  may  read  as
follows:
       No  payment  or  compensation
of any kind shall be made to the
contractor  for  damages
because  of  hindrance  or  delay
from  any  cause  in  the  progress
of  the  work,  whether  such
hindrances  or  delays  be
avoidable or unavoidable [12].
       Since subcontractors are typically at
a  negotiating  disadvantage  and  since
these clauses merely shift all delay risk to
the  contractor/subcontractor,  some
states have determined that these types
of  clauses  are  void  and  unenforceable
(law  varies  from  state  to  state  regarding
validity of this clause on both public and
private contracts) [12].
       Even  in  states  where  the  clause  is
enforceable,  there  are  common
exceptions  to  its  enforceability.    The
following  are  the  four  most  recognized
exceptionsthey  involve  situations
where the delay was:
      not contemplated by the parties;
      so  unreasonable  in  length  as  to
amount  to  an  abandonment  of  the
project by the owner;
      caused by acts of bad faith or fraud
by the owner; or
      caused by active interference by the
owner.  And,
      A  fifth  exception  is  also  sometimes
cited-delays  caused  by  gross
negligence [12].
       Sometimes  the  NDFD  clause  is
incorporated by reference or as a flow-
down  provision.    As  with  most  legal
disputes, there is differing case law as to
whether  or  not  these  flow-down
provisions  or  incorporations  by
reference are enforceable [12].
       Language  providing  disclaimer
clauses  may  occur  in  various  places:
Instructions  to  Bidders,  Terms  and
Conditions, or elsewhere in the contract.  
       In addition, a subcontractor must be
aware of how a NDFD clause will affect a
contractors  ability  to  submit  a  pass-
through claim to the owner.  If the owner
can  prove  that  the  contractor  is  not
liable to pay damages to a subcontractor
because  of  a  NDFD  clause,  a  pass-
through claim may not be allowed [12].
       A prime contractor in New York was
able  to  circumvent  this  situation  by
entering  into  a  liquidating  agreement
with  its  subcontractor  wherein  it
accepted  liability  to  the  subcontractor
for  delays  caused  by  the  owner.    In  this
case,  the  court  ruled  that  the  prime
contractor could sponsor a pass-through
claim  by  accepting  liability  in  the
liquidating  agreement  despite  the
existence  of  a  NDFD  clause  in  the
contract  between  the  prime  and  the
subcontractor [10].
       In  conclusion,  awareness  of  the
terms of the contract and rules by which
a  subcontractors  state  is  governed  is
essential  to  ensuring  that  a
subcontractor  has  the  ability  to  pursue
damages for delays in the future.
Overall  Strategies  for  Proving  a
Subcontractors Delay Claim
       Implementation  of  strategies  for
ensuring success in proving a delay claim
starts  at  the  very  beginning  of  the
project  and  continues  through  to  the
end.    There  are  important  factors  to
consider at every phase of the project.
Review and Negotiation of the Contract
       At  the  beginning  of  the  project,  a
subcontractor  should  ensure  that  a
careful  review  of  the  contract  is
conducted (assisted by a knowledgeable
construction  attorney).    Assume  that  a
No  Damage  for  Delay  clause  will  be
enforced.    A  subcontractor  should
attempt  to  remove,  or  at  least  lessen,
the  scope  of  the  clause  such  that  the
subcontractor  only  assumes  risk  for
specific causes of delay.  
       One  representative  clause  prohibits
the  recovery  of  delay  damages  unless
there  is  active  owner  interference  as
defined by the following:
       Another  clause  allows  a  grace
period  before  delay  damages
are triggered.  This would allow
the  contractor/subcontractor
the  ability  to  calculate  a
contingency  for  the  delay  costs
during  this  aforementioned
grace period.  The following is a
portion  of  the  clause
referencing  the  existence  of  a
grace period:
       The  Contractor  shall  be
permitted an adjustment in the
Contract  Sum  if  any  Delays,
either  individually  or  taken  in
the  aggregate,  cause  the
Contract  Time  to  be  increased
by  more  than  (    )  days  (the
Grace Period) [2].
       While not specific to the situation in
question  where  a  subcontractor  is
delayed  but  the  overall  project  is  not
delayed,  certain  alternate  contract
provisions  may  be  worth  considering  in
order to overall increase the likelihood of
success in settling disputes after the fact.
       These  types  of  provisions  include
the  following,  but  are  certainly  not
limited to them:
      include  more  specific  definitions  of
events that justify a time extension;
      describe  the  proof  required  to
justify  a  time  extension  for
excusable  and  compensable  delay;
or,
      insert a provision on pricing of delay
claims [2].
       An  example  of  the  provision  for
pricing delay claims is as follows:
       For  each  day  of  delay  to  the
critical path caused by [insert a
description  of  the  relevant
delay  events],  Contractor  shall
be entitled to (a) $       per day
for  its  general  conditions  or
jobsite  overhead  without  any
additional  markup  for  profit  or
overhead;  and  (b)  its  increased
costs  for  Subcontractor  Work
caused  solely  by  the  applicable
delay with a markup of       % for
profit and overhead [2].
       While  the  clauses  are  generally
meant  for  the  owner/contractor
agreement,  they  could  certainly  be
changed  to  be  applicable  to  the
subcontractor agreement.
       A  subcontractor  should  also  review
the  contract  for  conflicts.    For  example,
the contract may state one thing, but an
incorporation  of  a  clause  from  the
owners  contract  to  the  GC  may  state
something different.  In addition, if it is a
US federal project, be aware of whether
or not a payment bond will be required.
If  it  is,  follow  up  to  ensure  that  it  is
obtained.  
       Another  consideration  is  to  be
aware  of  the  jurisdiction  where  the
contract  states  that  a  dispute  will  be
settled.    In  one  case,  a  project  was  in
Georgia, but the contract stated that any
disputes  would  be  settled  by  Ohio  law.
The  subcontractor  was  awarded  two
million  dollars  because  an  Ohio  statute
did not enforce a No Damage for Delay
clause  when  it  is  the  owner  or
contractors  act  or  failure  to  act  which
caused the delay [9].
       The  authors  have  seen  cases  where
the  GC  put  the  owner  on  notice  and
requested  that  the  subcontractor
participate  in  preparing  documentation
to  secure  its  delay  and  disruption  costs,
but  the  subcontractor  didnt  respond
until well after the project was complete.
Because  the  GC  negotiated  with  the
owner, the subcontractor lost the ability
to  pursue  its  pass-through  claim,  and
was  forced  to  negotiate  or  litigate  only
with the GC.  
Timely Notice
       During  the  project,  there  are  also
many issues to consider.  As with the No
Damage  for  Delay  clause,  a
subcontractor  should  assume  that
Timely Notice clauses will be enforced.
In  fact,  there  are  multiple  cases  where
such clauses have been enforced.
       It  is  especially  important  to  keep  a
prime  informed:  A  lack  of  information
regarding  a  subcontractors  delay  claim
may compromise the prime contractors
ability  to  obtain  a  remedy  from  the
project owner [8].  If an owner is not put
on notice regarding the delays that have
occurred, the owner has no opportunity
to  remedy  the  problem,  take  action  to
mitigate the damages that delay causes,
or  know  that  the  contractor  intends  to
seek  additional  compensation  or  a  time
extension [7].
       Many  of  these  suggestions  are
important  for  any  type  of  claim  to  be
pursued  whether  it  is  against  the  prime
contractor  or  intended  to  be  passed
through  to  the  owner.    In  particular,  a
second look at Mitchell vs. Danzig serves
as  a  reminder  that  an  owner  must  be
made aware of certain issues at the time
they  are  occurring.    Part  of  the  success
for  the  subcontractor  in  that  case  is
because of the fact that the government
was  made  aware  of  the  delay
contemporaneously.
Waiver of Rights
       During  and  after  a  project,  a
subcontractor  should  be  aware  of  a
possible  waiver  of  its  rights  to  pursue  a
claim.    This  could  be  in  the  form  of  a
waiver  as  part  of  a  payment  application
or  when  executing  a  change  order
request.  A subcontractor should ensure
that there is some form of a reservation
included if it is contemplating submitting
a delay claim.  
Good Documentation
       Good documentation is another key
to  ensuring  that  the  subcontractor  is
able  to  prove  the  damages  it  has
incurred  as  a  result  of  an  owner  change
or  decision.    Accurate  record  keeping  in
the  form  of  bid  documentation,  daily
reports,  pay  requisitions,  time  and
materials  invoice  slips,  correspondence,
input to schedule updates (preferably in
the  form  of  written  correspondence),
and  weekly  and/or  monthly  meeting
minutes  are  examples  of  the  types  of
documents  that  are  needed  to  increase
the success in documenting damages.  A
subcontractor  should  also  track
expenses by base contract, change order
and/or disputed work.  
Involvement  in  the  Baseline  Schedule
and Subsequent Updates
       Finally,  it  is  important  for  the
subcontractor  to  be  involved  in  the
development  of  the  baseline  and
subsequent  updates  of  the  schedule  to
be approved by the owner.  In one case,
a  subcontractor  relied  on  one  schedule
while  the  prime  contractor  relied  on  a
different  schedule.    In  this  case,  the
boards  decision  was  favorable  to  the
government.  Fru-Con  Constr.  Corp.,
ASBCA 53544, 02-1 BCA  31729.
       From the subcontractors point
of  view,  this  case  emphasizes
one  reason  why  a  sub  should
participate  in  the  creation  of
the  contractors  CPM  schedule.
The  sub  needs  to  be  sure  that
adequate  time  is  available  for
its work and, if early completion
is  contemplated  by  the  sub,
whether  it  will  be  prevented
from  doing  so  by  other
activities on the schedule [1].
       The  subcontractor  should  provide
detailed  needs  to  the  GC  for  any
scheduling  efforts,  carefully  identifying
the  subcontractors  period  of
performance,  and  the  basis  of  that
period.    This  includes  sizes  of  crews,
number  and  makeup  of  workers  on  the
crews, and sequencing needs such as the
number  of  crews  planned  to  work
concurrently.    The  phasing  and
sequencing  of  the  subcontractors  work
is  essential;  if  the  subcontractors  work
requires  stockpiling  of  materials,  then
changes  in  the  sequencing  required  by
the  project  will  likely  cost  the
subcontractor  additional  labor  and  time
to  re-stockpile  materials.    Shifting  from
an  orderly  flow  of  work  to  an  irregular
schedule  will  decrease  the
subcontractors  labor  efficiency  and
increase costs to the subcontractor.
       Most subcontractors plan for regular
wage  rates  for  their  workers,  but  many
subcontracts  include  language  that
permits  the  GC  to  force  the
subcontractor to work as directed by the
GC.  This includes requirements to work
weekends  and  holidays,  absorbing  any
overtime required, even if the delays are
not the fault of the subcontractor.   
       In  addition,  with  the  preparation
and publication of the periodic schedule
updates,  it  is  not  unusual  for  the  GCs
scheduler,  as  directed  by  the  project
manager,  to  reduce  subcontractor
activity  durations,  or  to  overlap  the
activities,  changing  the  planned
sequential  work  to  concurrent  work.
This  will  rapidly  increase  labor
requirements,  generally  reduce  labor
efficiency  and  increase  costs.    It  is
imperative  that  the  subcontractor
reviews each and every schedule update
or revision to ensure that no changes are
23 COST ENGINEERING  DECEMBER 2011
made  that  will  decrease  productivity  or
increase risk to the subcontractor.
       Another risk that may occur with the
schedule  updates  is  movement  of  the
subcontractors start date or completion
date because of interference from other
trades,  the  GC,  or  the  owner.    If  this
occurs, at the earliest recognition of the
problem,  notify  the  GC  if  the  changed
date will cause additional costs.
       Other  ways  to  minimize  risks  to  the
subcontractor  include  insisting  on
baseline and update printouts that show
total  float  values  to  determine  if  the
subcontract  work  is  on  the  projects
critical  path,  and  if  not,  how  close  the
work is to critical.
       An  important  question  that  a
subcontractor may ask is how to portray
the  delay  it  is  experiencing  in  the
schedule  updates.    The  first  question  is
whether  or  not  the  owner  interference
has  added  scope  to  the  subcontractors
work.    In  this  situation,  the  answer  may
be  easier.    A  change  order  could  be
negotiated  for  the  extra  work  which
would include an appropriate markup for
overhead and profit.
       However, this markup may not cover
the  cost  of  mobilization/demobilization
which  may  be  required  dependant  on
when the extra work occurs.  In this case,
an  insertion  of  a  fragnet  into  the
schedule  may  be  appropriate.    This
fragnet might show previous completion
of  base  contract  or  non-disputed  work
and  a  subsequent  remobilization  of  a
work force to complete the new work.
       A  more  difficult  situation  would
occur  if  there  is  no  change  to  the  scope
of  work  of  the  subcontractor.    Perhaps
the subcontractors time of performance
is  extended  on  the  contract  because  of
issues beyond its scope of work.
       In  this  case,  the  subcontractor
would  need  to  show  on  the  schedule
how  the  duration  for  its  scope  of  work
has increased.  The subcontractor would
also  need  to  be  able  to  explain  and
document  that  the  increased  duration
was  not  merely  because  of  its  own
inability to complete the work on time.
       A  fragnet  might  be  necessary  to
show  a  stoppage  of  work  and
subsequent restart because of the owner
change.    In  the  example  used  in  the
introduction  regarding  the  delay  of  the
drywall  subcontractor,  the  fragnet  could
show  the  following:  a  start  of  work  by
the drywall subcontractor; a stoppage of
work  to  fix  the  change  in  the  rough-in
electrical;  and  a  subsequent  restart  of
work  on  the  drywall.    The  effect  is  the
drywall  subcontractor  is  on  the  jobsite
longer than anticipated.
       For that example, the ability to show
this  sequence  of  events  on  the
contemporaneous  schedule  updates
would  be  very  helpful  in  proving  the
subcontractors  delay.    However,  this
type of detail may not have been added
contemporaneously.  It is then up to the
subcontractor  to  show  the  delay  using
contemporaneous  documentation  (in
particular,  meeting  minutes,
correspondence, daily reports, etc.), and
might  require  some  type  of  forensic
schedule  analysis  to  determine  the
actual effects of delay or disruption.
       Loss of efficiency problems can most
easily  be  demonstrated  through  the  use
of  a  measured  mile  type  of  disruption
analysis,  which  requires  good
documentation of both the original plan
of  resources,  as  well  as  the  actual
consumption  of  resources,  on  the
project.
       In  sum,  certain  factors  are  key  to  a
subcontractors  successful  pursuit  of  a
delay claim:
      Contractual  negotiations  prior  to
the start of work.
      Involvement  in,  and  documented
feedback  for,  the  baseline  schedule
and subsequent updates.
      Awareness  of  the  rights  and
obligations  of  the  subject  contract.
And,
      Timely  notice  and  good
contemporaneous  documentation
which shows how the subcontractor
was affected by a specific change.
       These are general recommendations
to  ensure  that  a  subcontractor  has  the
best  chance  at  recouping  its  delay  costs
because of owner changes on a project.
A
s  has  been  demonstrated,  there
is no clear-cut answer as to what
delay  damages  a  subcontractor
may  be  able  to  recover  because  of
owner-caused issues.  The specific set of
circumstances and the jurisdiction of the
individual  case  are  the  determining
factors  of  the  outcome  for  each
situation.  
       However, a subcontractor should do
everything it can to increase its chances
of attaining a favorable outcome (for any
damages  it  is  seeking).    The  following
recommendations should be followed:
      Negotiate  the  Contract   Try  to
include  language  that  is  more
favorable  to  the  subcontractor
especially in terms of a possible No
Damage for Delay clause.
      Know  the  Contract   Follow  the
requirements  of  the  contract
including  giving  timely  notice  of
present and future claims.
      Be involved in the generation of the
baseline schedule and give input for
the  schedule  updates.    Know  how
your scope of work is included in the
schedule  and  understand  how  it  is
incorporated with the work of other
subcontractors.  And,
      Maintain accurate documentation.
Finally,  as  noted  earlier,  it  is
recommended  that  parties  that  may  be
involved  with  this  issue  seek  guidance
related  to  any  potential  legal
implications  from  a  knowledgeable
construction attorney. 
REFERENCES
1.     Allen,  Randall  C.  et  al.  (editor),
Failure to Incorporate Schedule Sinks
Lock  and  Dam  Claim;  Government
Gets 84 Days Credit in Reverse Delay
Case,  Construction  Claims  Advisor,
April 2005.
2.     Bartley,  Keene  W.  et  al.,  The
Construction  Contracts  Book,  ABA
Publishing,  Chicago,  IL,  pages  113-
115 and 123-124, 2008.
3.     Bramble,  Barry  B.  and  Michael  T.
Callahan,  Construction  Delay
Claims,  3rd  Edition,  Aspen
Publishers, New York, NY, pages 15-4
through 15-8, 2000.
4.     Branca,  Michael  A.  et  al.,  Federal
Government  Construction
Contracts,  2nd  Edition,  ABA
Publishing,  Chicago,  IL,  pages  665,
667, and 706, 2010.
5.     Darst,  Brian  A.,  Subcontract
Incorporation  by  Reference  and
Flowdown  Clauses  Under  Federal
Government  Construction  Projects,
24 COST ENGINEERING DECEMBER 2011
Construction  Briefings,  page  21,
March 2005.
6.     Feldman, Steven W., Subcontractors
in  Federal  Construction
Procurement:  Roles,  Rights  &
Responsibilities,  Construction
Briefings, page 17, August 2003.
7.     Gatlin, Cheri Turnage, Enforceability
of  Pre-Established  Remedies  for
Delay  and  Extended  Performance,
Passing  the  Buck:  Legal  Limitations
on  Transferring  Construction  Risks,
ABA  Conference  Winter  Meeting,
Part D, page 21, 2002.
8.     Jervis,  Bruce  (editor),  Common
Impediments  to  Delay  Damage
Recovery Part I, Construction Claims
Monthly, page 7, May 2003.
9.     Jervis,  Bruce  (editor),  Delinquent
Contractor  Loses  No-Damage-For-
Delay  Argument,  Subcontractor
Wins  $2M,  Construction  Claims
Monthly, pages 4-5, July 2008.
10.   Jervis,  Bruce  (editor),  Prime
Sponsors Subs Delay Claims Despite
Disclaimers,  Construction  Claims
Monthly, page 8, October 2001.
11.   Jervis,  Bruce  (editor),  Public  Works
Contractor Could Not Sponsor Pass-
Through  Claim,  Construction
Claims  Monthly,  pages  4-5,  August
2010.
12.   Kovars,  Joseph  C.  and  Michael  E.
Peters,  No  Damage  for  Delay
Clauses/Edition  II,  Construction
Briefings,  pages  1,  3,  5-11,  March
2000.
13.   Sweet,  Jonathan  J.,  Sweet  on
Construction  Industry  Contracts:
Major  AIA  Documents,  Volume  2,
Aspen  Publishers,  Austin,  page
1099, 2009.
ABOUT THE AUTHORS
       Christopher  W  Carson,  PSP,  is  with
Alpha Corporation.  He can be contacted
by sending e-mail to:
chris.carson@alphacorporation.com
Mark  Boe,  PE  PSP,  is
with  Capital  Project
Management,  Inc.  He
can  be  contacted  by
sending e-mail to:
mboe@cpmiteam.com
Shannon  L  Campbell,
PSP,  is  with  Capital
Project  Management,
Inc.    She  can  be
contacted by sending 
e-mail to:
scampbell@cpmiteam.com.
25 COST ENGINEERING  DECEMBER 2011
C ONS T R UC T I ON
C ONS UL T I NG  S E R V I C E S
www.mbpce.com  |  800-898-9088
&         
        
DW        
      
 t       
C L 
CM S
k M
D k
 M   
C M
C I   
C k
Project Closeout  
C
InAADA I
1
NAMED  A  BEST  SMALL  COMPANY  TO  WORK   
FOR  I N  AMERI CA  FOR 2010
LNGI NLLkI NG  NLWS kLCCkD   
TOP 100  CONSTRUCTI ON  MANAGEMENT  FI RM
L            
26 COST ENGINEERING DECEMBER 2011
The AACE Internatonal Board of Directors voted unani-
mously Oct. 16, to exercise its opton to terminate its existng
Memorandum of Understanding with the Royal Insttuton of
Chartered  Surveyors  (RICS).    The  terminaton  comes  in  re-
sponse to RICS earlier decision, in January 2011, to no longer
honor the addendum to the MOU it had signed. That adden-
dum provided for a facilitated path to RICS membership/cert-
caton for AACE Internatonal members.   
AACE Internatonal representatves had met with RICS rep-
resentatves in Montreal in April 2011 to discuss the issue.   At
that point, AACE Internatonal believed that it had reached an
agreement in principle with RICS regarding a compromise, but
it appears that compromise agreed to by the RICS representa-
tve in Montreal was repudiated by the RICS commitee over-
seeing this area of responsibility within that organizaton.
In  a  leter  to  RICS  on  Aug.  22,  AACE  Internatonal  Past
President Steve Revay, who had chaired a sub-commitee of
the board addressing this issue, expressed the positon:  Afer
further reecton on what has transpired since the beginning
of 2011, the AACE Internatonal reluctantly has concluded that
the contnuaton of both the Nov. 8, 2007 addendum and the
Memorandum of Understanding entered into with RICS on July
17, 2008, no longer seems appropriate.   The leter conveyed
to RICS that AACE Internatonal believed that unless the agree-
ments in principle that we had been led to believe had been
agreed to in Montreal were revisited, there was no reason to
contnue the MOU.  Subsequently RICS wrote AACE Interna-
tonal indicatng they were not willing to accept the recom-
mendaton regarding that agreement in principle from their
representatves in Montreal.  
As such, AACE Internatonal noted RICS that we have ter-
minated the MOU with RICS under the provisions of Secton
4.6 of the MOU.  In conveying the decision to RICS, AACE In-
ternatonal stated, while we have concluded that terminatng
the MOU with RICS is the right step for AACE Internatonal at
this tme, we wish your organizaton the best in achieving its
mission and believe that there may be well-dened areas of
possible joint cooperaton that we might nd common ground
on in the future. 
Under the provisions of the agreement, it will remain in
eect for six months, untl April 18, 2012, unless RICS mutually
agrees to terminate the MOU.  In that case, the MOU dissolves
immediately. 
AACE Board of Directors Notes RICS of Intenton to End MOU
27 COST ENGINEERING  DECEMBER 2011
PROFESSIONAL SERVICES DIRECTORY
INDEX TO ADVERTISERS
For additional information about the listed advertisers  or about adver-
tising with us, please phone Mark Stout at Network Media Partners, 
(410) 584-1966, or e-mail him at  mstout@networkmediapartners.com
ADVERTISE 
IN THE 
COST ENGINEERING 
JOURNAL
OR GO ONLINE AT www.aacei.org
    REACHthe entire AACE International mem-
bership every month by placing an ad in the
Cost Engineering journal.
    PLACE your products/services in front of
over 50,000 users each month with a banner
ad at our website, www.aacei.org.
    EXHIBIT at  the  2012  AACE  International
Annual  Meeting  in  San  Antonio,  TX,  and
AACE International members face to face.
CONTACT
Mark Stout at Network Media Partners Inc.
phone  410-584-1966   fax  410-584-8359  
e-mail  mstout@networkmediapartners.com   
YOUR 
VISIBILITY
INTERNATIONAL BULLETIN
SECTIONNEWS
FROM  AROUND
THE  WORLD
Submitted photo
Jared Carlson, a US Cost employee, was guest speaker at the
September Arizona Secton meetng.  The Sectons Director of
Programming, Daisy Culanag, presented a speakers certcate
and gif to Mr. Carlson.
Submitted photo
Arizona Secton members and guests (lef to right): James Os-
well; Ian Geitner; Hanna Look,  and Mike McKee, were in aten-
dance for the Sectons September meetng. 
centralized databases yields benets.  These include cross proj-
ect reportng and data mining. This allows for detailed analysis
of cost estmates and provides dashboard views of the entre es-
tmatng  enterprise.  Additonally,  the  presentaton  explained
how users can query similar projects to quickly compare unit
costs, resource use, etc., at the project, system, or component
level.  This  yields invaluable, targeted informaton to greatly en-
hance estmate validity.
Mr. Carlson, has worked for 11 years with US Cost in a sales,
marketng, and account manager positon. He has managed ac-
counts for Procter & Gamble, General Electric, the US Navy, the
FAA, Heineken, Goodyear Tire and Rubber and Natonal Grid.
Atlanta Secton
The Atlanta Area Secton was honored to receive, for its rst
tme ever, the Presidents Circle Award at the Annual Meetng
this summer in Anaheim.  The secton was well-represented in
Anaheim,  with  a  number  of  members  in  atendance,  making
presentatons, and exhibitng.
At  the  Atlanta  Area  Secton  September  meetng,  John
Thomas  of  BASF  Wall  Systems  presented  a  program  enttled,
Getng the Most from Stucco.  He discussed the propertes
and materials included in various stucco systems, the advan-
tages  of  using  stucco,  and  tradeos  and  drawbacks  in  using
stucco systems.
He introduced the three common stucco systems, in addi-
ton to making comparisons to Exterior Insulaton and Finish Sys-
tems (EIFS), and discussed in some detail the interfaces between
stucco nish systems and the materials and systems which sup-
port, drain, and enhance stucco systems, which was very bene-
cial from the standpoint of understanding the cost and sched-
ule ramicatons of the various systems.
If you have wondered what makes a quality stucco nish
system or want to understand the various systems, accessories,
and details, see Johns presentaton on the Atlanta Area Secton
website, htp://www. aaceiatlanta.com/meetngs.html and click
on the Getng the Most out of Stucco link at the botom of
the page.
Aurora Edmonton Secton
On  Sept.  21,  the  Aurora  Edmonton  Secton  had  a  dinner
meetng presentaton by guest speaker Paul Tsounis at the Uni-
versity of Alberta Faculty Club.
Paul Tsounis is the director of Strategic Business Analysis
and Forecastng for the government of Albertas Energy Ministry.
His informatve and interactve presentaton was enttled, Al-
bertas Energy Markets; Opportunites and Challenges.  Paul
provided a governmental perspectve of the economic downturn
conditons globally.  He presented insights on what the govern-
ment of Alberta is currently doing about the downturn to ensure
a prosperous future for Albertas energy industry and economy
for years to come.
The presentaton was well received and tmely in the con-
text of global economic uncertainty and environmental concerns
about pipelines constructon from Alberta into the US.  There
was  tremendous  dialogue  among  the  atendees,  as  many  of
them are employed in the oil and gas energy sector.
Central Savannah River Secton
The September dinner meetng for the Central Savannah
River Area Secton, was at the North Augusta Community Center.
The guest speaker was Ken Chacey,  site manager for Ameresco
Federal Solutons.  Ameresco is under contract with the Depart-
29 COST ENGINEERING  DECEMBER 2011
Submitted photo
John Thomas of BASF Wall Systems presented a program ent-
tled, Getng the Most from Stucco.  He discussed the proper-
tes  and  materials  included  in  various  stucco  systems,  the
advantages  of  using  stucco,  and  tradeos  and  drawbacks  in
using stucco systems. Shown below, atendees listen to the pres-
entaton.
Submitted photo
Aurora Edmonton Secton President, Dr. Don Mah, P.Eng., pre-
sented Paul Tsounis with a gif of appreciaton for his presenta-
ton.
30 COST ENGINEERING DECEMBER 2011
ment of Energys Savannah River Site to design, build, and op-
erate two new biomass fueled boilers that will allow the sites
existng coal red power plant to be decommissioned.  The boil-
ers are rated to produce steam at a rate of 120,000 lbs/hr per
boiler.  they will be connected to a 20 mega-wat turbine that
will deliver the site both process steam and green electricity.
The plants will use approximately 325,000 tons of biomass
fuel  a  year,  consistng  primarily  of  forest  residue  supplied  by
local suppliers.   The design also allows for the use of bio-derived
fuel  sources  such  as  urban  waste  and/or  tre  derived  fuels.
Ameresco has secured the necessary environmental permits to
be allowed to burn up to 30 percent (by weight) of alternate bio-
derived fuels to maximize potental fuel sources.  Additonally,
Ameresco has broken ground on a separate tre shredding facil-
ity,  not  part  of  its  contract  with  the  department,  to  receive,
shred, and deliver tres from local suppliers.
The project was executed using an Energy Savings Perform-
ance Contract that allows the Department of Energy to repay
the contract value, through the savings generated by operaton
of the biomass plant over the 19 year performance period, com-
pared to baseline operatonal costs for operatng the existng
coal red power plan.  Ameresco self-nanced the design and
constructon of the biomass plant and does not receive any pay-
ments tll the Savannah River Site begins paying for the steam
and electricity that it receives.
Some other key benets of this project include:
 Greenhouse  Gas  (GHG)  emissions  will  be  reduced  by
100,000  tons  a  year  signicantly  decreasing  the  carbon
footprint of the SR site.
 Environmentally friendly opton through the reducton in
harmful air emissions:
 Partculate Mater: about 400 tons a year, 
 NOx: about 2,500 tons a year, and 
 Sox: about 3,500 tons a year
 Intake water from local river will decrease by over 2.8B gal
per year. 
The CSRA Secton also partcipated in the September 2011
CSRA College Night at the Augusta-Richmond County Civic Cen-
ter, where more than 10,000 CSRA students,  parents and guid-
ance counselors can visit more than 150 college and university
informaton booths, and university representatves about edu-
catonal  opportunites.    In  additon  to  sponsoring  the  AACE
booth, the CSRA Secton contributed $150 toward the $17,000
event scholarship fund. 
Chinook Calgary Secton
The 55th AACE Internatonal Annual Meetng was in Ana-
heim, Calif., at the Disneyland Hotel, June 19-22.  On June 21,
AACE Past President Stephen Revay presented Arthur Kowalchuk
(a long term Chinook-Calgary Secton member) with the Charles
V. Keane Distnguished Service Award for consistently enhanc-
ing the professional image of cost engineering. Stephen also pre-
sented  Chinook-Calgary  Secton  member  Mahendra  Bhathia
with the award of being named an AACE Fellow.
Atendance at the Annual Meetng was estmated at 800,
with representaton from many countries. There were about 100
atendees from Canada, with about 50 from the Calgary Secton.
There were many exhibitors showcasing their cost engineering
expertse.
Region 1 Director Ginete Basak had standing room only at-
tendance  for  the  AACE  Canada  Inc.  meetng  on  regulatons.
AACE Canada Inc. provides the method for charitable educaton
donatons to be provided to Canadian university students. At the
Sept. secton meetng, Secton President Donna Kainth intro-
duced Ms. Basak who gave a brief update about AACE Canada
Inc. and AACE Internatonal actvites.
Past  President  Deborah  Clark  introduced  speaker  Scot
Diehl, P.Eng.  He presented the, Owner's Project Control Func-
ton. This technical paper was originally presented at the AACE
Annual Meetng in June.  
Submitted photo
Myron Berry and Blake Waller at the 2011 Central Savannah
River  Area  Secton  College  Night  at  the  Augusta-Richmond
County Civic Center, where more than 10,000 CSRA students,
parents and guidance counselors can visit more than 150 college
and university  informaton booths, and university representa-
tves about educatonal opportunites. 
Submitted photo
Partcipatng in the September Chinook-Calgary Secton meetng
were: Secton President Donna Kainth; Region 1 Director Ginete
Basack, guest speaker Scot Diehl, and past board member Peter
Ripley.
31 COST ENGINEERING  DECEMBER 2011
Scot  spoke  about  the  relatonship  of  the  owners  inital
project relatonship to contractor actvity.  The contact between
contractor  and  owner  is  dierent  for  large  projects  versus
smaller projects.
The owner's representatve monitors contractor actvity in
the inital front end development.  The owner wants to ensure
that  the  scope  of  front  end  actvites  follows  the  owner's  re-
quirements and that cost estmates and schedule conform to
what was required by owner specicatons.  Trends need to be
idented so that contractor is focused on the project executon
and that material and labor costs are within the budget.  A clear
scope helps maintain a minimum of change orders.
The owner needs a monthly reportng of schedule and cost
informaton.  This is extremely important to the owner in being
able to use lessons learned for future projects.  Also the infor-
maton provided by the contractor is required for management
reports and used in providing payment to contractor in a tmely
fashion.
The owner's organizaton provides design review, approvals,
ling to governments, environmental departments, provide for
plant operaton, maintenance, turnaround, planning startup, op-
erator training and safety.  These items need to be integrated
with the contractor's progress and performance.  The owner
oversees the contractor's actvites in shop fabricaton and the
eld constructon.
For  project  close-out,  the  owner  needs  actual  cost  and
schedule data.  Final cost disbursements need to conform to
Liens Act and is required before project can be nally closed out.
Performance tests need to be carried out to ensure that project
meets specicatons.
The owner's organizaton needs to integrate with the con-
tractor's organizaton to avoid duplicaton and assure that the
contractor  has  the  resources  to  handle  the  project  require-
ments.  This is an important item that needs to be done before
the owner awards work to the contractor.  The owner's reportng
requirements need to be given to the contractor before work
starts and has to be agreed to by the contractor.  Coding require-
ments need to be integrated with the contractor's systems.  The
contractor's project control specicatons need to conform to
the owner's requirements.  A queston/answer period followed
the presentaton. 
East Tennessee Secton
The East Tennessee Secton in September hosted AACE In-
ternatonal President Michael R. Nosbisch, CCC PSP.   He was
guest speaker at the meetng at the Chop House restaurant in
Knoxville.  He covered two topics that included a State of the
Associaton and a technical presentaton ttled, Meetng Proj-
ect Schedule Compliance Standards.
Mike has been a member of AACE Internatonal since 1999,
and holds a bachelors degree in geology from the University of
Rochester (NY) and a Master of Engineering Management de-
gree from the George Washington University. Mike is also an ad-
junct professor at the University of Southern California teaching
graduate  level  courses  in  heavy  constructon  estmatng  and
scheduling. Afer working for more than 23 years with a variety
of dierent rms, he recently joined Project Time & Cost as a
Managing Principal, Western Region, based in Long Beach, CA.
Mikes State of the Associaton address was very interest-
ing and included current metrics and future goals and objec-
tves. Here are just a few of the metrics that were shared with
the group.  Membership is about 7,300, up 2,300 from 2005.
Certcatons are expected to be at 3,400 in 2011, up by 1,100
from 2009. Atendance at the Annual Meetng in June at Ana-
heim was 820.  This Annual Meetng was the second highest in
atendance ever, and up from 715 in Atlanta the year before.
Goals and objectves have been developed and current sta-
tus can be reviewed on the AACE website.  A few of the new and
interestng ideas being implemented include: Seminar in a Box,
a formal Mentoring Program, Enhanced Career Center, and
a complete make over for the Cost Engineering journal.  To
top everything o, and I certainly couldnt include everything
here, AACE adopted a new service mark AACE Internatonal,
the authority for Total Cost Management.  
Mikes second topic, Meetng Project Schedule Compliance
Standards, provided an in-depth look at scheduling compliance
Submitted photo
East Tennessee Secton Vice President Andrea Bach, AACE Pres-
ident Michael Nosbisch, and East Tennessee Secton President
Mark Plemmons, are shown above at the September East Ten-
nessee Secton meetng.
Submitted photo
Guest  speaker,  AACE  President  Michael  Nosbisch,  is  shown
above  resentng  at  the  East  Tennessee  Sectons  September
meetng.
32 COST ENGINEERING DECEMBER 2011
criteria, as well as teaching tps, tools, and best practces, which
will help ensure your projects meet industry standards.
In summary, Project Time and Costs (PT&C) mission is to
help clients reduce program risk, and deliver independent pro-
gram cost, schedule, EVM, and risk consultng services.  They
have extensive government agency experience, most notably
with the US Army Corps of Engineers (USACE), and Department
of Energy (DOE).  Schedule compliance can be complicated with
a multtude of government agency requirements and non gov-
ernment requirements.   Mike  shared  with  us  the  sofware
Acumen Fuse which provides in-depth analysis of schedules
and other data in an integrated manner.  FUSE has the ability to
integrate sof wares such as MSP, Primavera, Open Plan, Cobra,
Excel, and Pertmaster and provides a great analysis and visual-
izaton ability.  More in-depth informaton on these worthwhile
topics can be found on PC&T (www.pctnc.com) and ACUMENs
(www.projectacumen.com) websites. 
Northern West Virginia Secton
A joint meetng of the Northern West Virginia Secton of
AACE, the Natonal Society of Professional Estmators and the
American Society of Civil Engineers was conducted Oct. 19. This
meetng was an evening eld excursion to visit and see the fa-
cilites used by Mon Power for lineman training at Mon Powers
high tech complex at White Hall. 
On Sept. 29, the three enttes opened the 2010-11 program
year with a joint meetng at the Engineering Sciences Building,
located on the Evansdale Campus of West Virginia University.
Casey  Shrader,  an  expert  on  wetlands  delineatons  and
wildlife issues, presented the technical program. Casey works
for the US Department of Agriculture, Natural Resources Con-
servaton Service, Morgantown oce, and is the NRCS West Vir-
ginia state biologist.  His presentaton was ttled, A Technical
Overview of Wetlands from Identcaton, Ecosystem Functon
and Regulatory Perspectves.
Casey has worked for USDA NRCS for the past 21 years on
wetland and wildlife issues and related regulatons concerning
the  Clean  Water  Act  and  the  Food  Security  Act.  He  has  per-
formed and reviewed dozens of delineatons.  He was the lead
instructor  for  the  US  Army  Corps  of  Engineers  Regulatory  IV
Course Wetland Delineaton Course in West Virginia since 2001,
and most recently in 2009.
He has instructed many US federal and state agency per-
sonnel  in  wetland  identcaton,  restoraton  and  ecosystem
functon.  Most recently he worked on the natonal regionaliza-
ton  team  for  revisions  to  the  wetland  delineaton  manual.
Casey currently serves as the biologist for the NRCS, working
throughout West Virginia primarily on wildlife and wetland con-
servaton issues on private agricultural lands.  He has worked for
USDA in West Virginia eld oces in various capacites in Lewis-
burg, Huntngton and Hamlin.
Casey has bachelors degrees in both biology and agricul-
ture from Berea College. He was a US Marine from 1983 through
1988. He was born in San Jose, CA, raised in Beckley, and at-
tended Woodrow Wilson High School. He is married and the fa-
ther  of  two  children.  He  and  his  family  currently  live  in
Bridgeport.
Great Lakes Secton
Murray  Woolf,  President  of  the  Internatonal  Center  for
Scheduling, was the featured speaker at the Great Lakes Sec-
tons  September  dinner  meetng.    Murrays  presentaton,
Bringing Balance and Sanity Back to Constructon Project Man-
agement, was centered on his philosophy of Momentum Man-
agement developed through his many years of practce in the
eld of constructon project management. 
At the October dinner, the speaker was Dr. Mohamed El-
Mehalawi , lead manager, project controls, Faithful & Gould, on
the topic of, Implementng Enterprise Project Controls Systems.
At the November dinner meetng, Kurt Winkel, of Marathon Oil,
discussed, Marathon DHOUP Project Controls. 
HOW TO SUBMIT SECTION NEWS 
TO THE COST ENGINEERING JOURNAL
      All submissions should be e-mailed to editor@aacei.org.
Information may be included in the body of the e-mail or as
an  attachment.  Microsoft  Word  files  are  the  preferred
format. All photos should be sent as PC tiff or jpg files at 300
dpi.  If  submitting  at  only  72  dpi,  please  send  the  photo  as
large as possible as conversion will reduce its size. Include the
names and titles of each person shown in any photos.
        Many  times  AACE  International  Sections  have  been
referred to as chapters. The correct reference should always
be to a Section. AACE International does not have chapters.
Please do not refer to Sections as chapters. 
        If an event is during the month of publication, it will be
listed as an upcoming event even if members will not receive
their  journal  in  the  mail  until  after  the  listed  event.  The
journal  goes  to  press  about  one  months  in  advance  of  the
issue date, which is always the first of each month, at which
time the electronic version should be posted.
        AACE  International  reserves  the  right  to  edit  all
submissions  and  to  refuse  to  publish  any  submissions
determined  by  the  editor  or  executive  director  to  not  meet
the standards of the journal. 
        Anyone  with  questions  on  submitting  copy  or  photos
may contact:
Managing Editor - Marvin Gelhausen,
mgelhausen@aacei.org
33 COST ENGINEERING  DECEMBER 2011
ARTICLE REPRINTS AND PERMISSIONS
COSTENGINEERING
Vol. 53, No.12/December 2011
Members of AACE International have access to free downloads of selected articles
that are published with an AACE International reference number. These articles are
available at the online Virtual Library at www.aacei.org. Electronic files of each
months technical articles are posted and members can download an Adobe Acrobat
(PDF) version of any of the technical articles for free. You can search for articles
using the reference numbers listed in the Cost Engineering journal.  Non-members
can subscribe to the AACE Virtual Library at an annual cost of US $100.00. AACE In-
ternational no longer offers reprints of individual articles.
TO ORDER
Contact: AACE International Publications Sales
at pubsales@aacei.org
Photocopying Prices:
For permission to photocopy individual articles
for personal use, or to request permission for
bulk photocopying, please contact the Copy-
right Clearance Center at 978.750.8400, and
pay the required photocopying fees. For any
other use or reprint requests, please e-mail:
editor@aacei.org.
Contact Us
AACE International 
1265 Suncrest Towne Centre Dr
Morgantown, WV 26505-1876
USA
Phone:    304.296.8444
Fax:         304.291.5728
For Information Concerning
Other Reuse Requests
      If you are seeking permission to quote or
translate into another language any material
from any issue of the Cost Engineering journal,
please  contact  our  Managing  Editor,  Marvin
Gelhausen at mgelhausen@aacei.org
Pages 11-16
Currency Fluctuation and Inflation Impact on 
International Mega Projects: A Mexican Case Study
Dr. Carla Lopez del Puerto, CCC
         This article examines the challenges of accurately estimating construction
costs for international projects. A case study is used to illustrate the challenges
that construction projects in Mexico faced with the 2009 devaluation of Mexican
currency. It presents a hypothetical example and a case study of the Durango-
Mazatlan highway; finds that the construction costs of highway Durango-Mazat-
lan  in  Mexico  increased  by  20  percent  because  of  cost  increases  tied  to  the
peso-dollar parity; analyzes the impact to the project and discusses strategies
that cost engineers can use to minimize the risk of economic loss in international
construction projects resulting from political and economic instability. The study
concludes that using cost reimbursable contracts, transferring the risk of cost un-
certainty to the owner, maintaining contact with local subcontractors and sup-
pliers and maintaining international project databases minimize the risk resulting
from currency fluctuations on international mega-projects.  This article was first
presented at the 2011 Annual Meeting as CSC-558.
Article Reference Number - 21966
Pages 19-25
Can a Contractor Have a Critical Path Delay 
When the General Contractor Does Not?
Christopher W. Carson, PSP; Mark Boe, PE; 
and Shannon L. Campbell, PSP
         To prove entitlement to delay damages, it has been reasonably established
(by best practices, as well as case law) that a contractor must show a critical path
delay to project completion. But, what happens when an owner-impact extends
the time a subcontractor must remain on the job, but doesnt extend the project
completion date?  Shouldnt the owner be liable for any damages to the subcon-
tractor? If not the owner, wouldnt the GC have some risk? What type of analysis
would be required to prove entitlement to these subcontractor delays? Does cur-
rent case law have any answers? This article will discuss the issues, examine ex-
isting case law, establish how experts analyze and prove subcontractor delays,
and provide an example of an analysis for this condition. This article was first pre-
sented at the 2011 Annual Meeting as CDR-635.
Article Reference Number - 21967
Skills and Knowledge of Cost
Engineering, 5th Edition, Revised
Scott J. Amos, Editor, 2007
This  updated  and  expanded  guide  for
fundamentals  is  an  excellent  choice  for  anyone
interested  in  a  concise  reference  to  all  aspects  of
the  profession.  The  new  5th  edition  includes
twenty-seven  chapters  on  estimating,
manufacturing  and  operating  costs,  scheduling,
planning  progress  and  cost  control,  and  much
more. This is a very useful book for those studying
for the certification exam. 450 pages
       1545-01 paper version - US$80.00
       1595-02zip - Download - US$50.00 member/US$80 nonmember
CCC/CCE Certification Study Guide, 
3rd Edition
Michael B. Pritchett, CCE, Editor, 2006
The  AACE  International  CCC/CCE  Certification
Study  Guide  provides  an  all-encompassing
reference  text  to  prepare  for  the  exam.  The
CCC/CCE  Certification  Study  Guide  provides
background  information  on  how  to  become
certified; gives those studying for the certification
exam  a  single  reference  text  that  includes  theory,
worked problems with answers, references, and a
full  discussion  of  key  topics;  allows  students  to
maximize  their  study  time;  and  provides  a  concise  overview  of  the
fundamentals of cost and project management. 
       1820-35 paper version - US$80.00
       1825-36zip - Download - US$50.00 member/US$80 nonmember
PSP Certification Study Guide, 1st Edition
Peter W. Griesmyer, Editor, 2008
This  study  guide  is  intended  to  assist  you  in  your
study and review of the overall topics as one step
toward successful Planning and Scheduling Profes-
sional certification. The outline provides a listing of
the terms you should know & topics for which you
should have a good understanding of how to apply
the concepts to solve problems. Each chapter also
contains sample exercises, which test your knowl-
edge of that chapter's concepts. Additional sample
questions are provided in an appendix. 
       1820-37 paper version - US$80.00
       1820-38zip - Download - US$50.00 member/US$80.00 nonmember
EVP Certification Study Guide, 
2nd Edition
Ken  Cressman,  CCC  EVP  and  Gary  C.  Humphreys,
Editors, 2009
This study guide is intended to assist you in your
study and review of the overall topics as one step
toward successful Earned Value Professional certi-
fication. The outline provides a listing of the terms
you  should  know  &  topics  for  which  you  should
have  a  good  understanding  of  how  to  apply  the
concepts to solve problems. Each chapter also con-
tains sample exercises, which test your knowledge
of that chapter's concepts. 
       1820-39 paper version - US$80.00
       1820-40zip - Download - US$50.00 member/US$80.00 nonmember
Cost Engineering
The international journal
of cost estimation,
cost/schedule control,
project management,
and total cost
management.
Subscriptions are
accepted on an annual
basis. An automatic
benefit of AACE
International
membership, also
available to nonmembers. 
       5060-07  - US$72.00 (US)
                        - US$171.00 (other countries) 
                        Please add US$80.00 for airmail
                       - US$61 electronic subscription
Cost Engineers Notebook          
This    CD-ROM  is  an  important  reference  for  any
project  or  cost  professional.  It  includes  data  and
procedures  related  to  basic  skills  and  knowledge
that  all  cost  engineers  should  possess,  extensive
material  on  capital  and  operating  cost  estimation,
and  papers  in  four  subject  areas:  cost  control,
planning and scheduling, project management, and
economic analysis and business planning.
       4060-28zip - Download    
- US$65.00 member/US$105.00 nonmember
AACE International Recommended Practices
Cost  Engineering  Terminology;  Cost  Estimate
Classification System; Estimate Preparation Costs in
the  Process  Industries;  Project  Code  of  Accounts;
Required  Skills  and  Knowledge  of  a  Cost  Engineer;
Roles  and  Duties  of  a  Planning  and  Scheduling
Engineer; Profitability Methods; plus many more.
       4060-05zip  - Download   
        - US$70.00 member/US$110.00 nonmember
The Total Cost Management Framework
John K. Hollmann, PE CCE, Editor, 2006
       4060-21  - Paper version - US$80.00
       4060-20zip - Download 
       - US$50.00 member/US$70.00 nonmember
2011 AACE
International
Transactions 
5220-11 -  CD-ROM  
- US$90.00 
member
- US$115 
nonmember
5220-11 zip - Download
    - US$75.00 member
    - US$80.00 nonmember
AACE INTERNATIONAL ONLINE STORE
AACE INTERNATIONAL ONLINE STORE
more online at www.aacei.org
More AACE Publications at the Online Store - www.aacei.org   
PPG#1: Contracts and Claims, 4th Ed.
James G. Zack Jr., Editor, 2008
Covers:  Contract  Administration;  Management  of
Construction Schedules; Schedule Control; Schedule
Float  Ownership;  Cost  Control;  Management  of
Change; Cost Impacts; Productivity Impacts; Manage-
ment and Analysis of Delay; Concurrent Delay Issues;
Pricing of Delay; and more.
PPG#2: Risk, 2nd Ed.
Keith D. Brienzo, PE, Editor, 2007
Covers:  Dictionary;  Capital  Investments;  Cash  Flow;
Competitive Bidding; Contingency Analysis; Contracts;
Cost Engineering; Currency Rates; Decision Trees; Eco-
nomic Analysis; Escalation; Human Factors; Manufac-
turing;  Research  &  Development;  Safety  &  Health;
Schedule; Technological Risk;  and Value Engineering.
PPG#3: Cost Engineering in Aerospace and Avi-
ation                  
Sarwar A. Samad, Editor, 1998 
Covers: Aerospace and Aviation.
PPG#4: Planning and Scheduling, 2nd Ed.
Trevor X. Crawford, CCC, Editor, 2006
Covers: Planning; Schedule Development; Schedule
Management/Control; and Classics.
PPG#5: Earned Value, 2nd Ed.
Robert A. Marshall, Editor, 2007
Covers:  Why  Use  Earned  Value?;  Basics  of  Earned
Value; Cost/Schedule Control System Criteria; Actual
Physical Percent Complete; Productivity and Earned
Value; Earned Value Reporting; Applications of Earned
Value Project Management; and more.
PPG#6: Construction Cost Estimating, 2nd Ed.
Dr. Douglas D. Gransberg, PE CCE, And Carla Lopez
del Puerto, CCC, Editors, 2006
Covers: Recommended Practices; Estimating Theory;
Conceptual, Parametric, and Range Estimating; Esti-
mating Factors and Indices; Estimating Material Costs
and Quantity Surveying; Estimating Labor Costs; Esti-
mating Equipment Costs; Subcontracting Costs; Esti-
mating  Overhead  and  Indirect  Costs;  Profit,
Contingencies,  and  Mark-Ups;  Estimating  Interna-
tional Construction Costs; and more.
PPG#7: Cost Engineering in the Utility 
Industries, 2nd Ed.
Dennis M. Thompson, Editor, 2007
Covers:  Auditing;  Cost  Estimating;  Cost  Modeling;
Cost/Schedule Control; Generation Power Plant; Nat-
ural Gas Industry; Nuclear Power Plant; Other Energy
Related  Topics;  Planning  and  Scheduling;    Project
Management; Utility Rates; and Utility Property Valu-
ation.
PPG#8: Contingency, 2nd Ed.
Kul B. Uppal, PE, Editor, 2005
Covers: General Topics On Contingency; Cost Estimat-
ing and Contingency; Risk Analysis and Contingency;
and Other Related Topics.
PPG #10: Project Delivery Methods, 2nd Ed. 
Dr. Douglas D. Gransberg, PE CCE, Tammy L. Mc-
Cuen, and Keith Molenaar, Editors, 2008 
Covers: Design-Bid-Build (DBB)  DBB Estimating, DBB
Scheduling, DBB Project Management; Construction
Management (CM)  CM Estimating, CM Scheduling,
CM Project Management; Design-Build (DB)  DB Es-
timating, DB Scheduling, DB Project Management; In-
ternational  Project  Delivery;  Constructability;  and
Partnering.
PPG #11: Environmental Remediation & 
Decommissioning, 2nd Ed.
Richard A. Selg, CCE, Editor, 2009 
Covers:  Environmental  Remediation  Planning  and
Scheduling Methodology; Cost Estimating, Project Con-
trols, Cost Modeling, and Reporting; Contingency Man-
agement, Risk Analysis, and Environmental Regulations;
Benchmarking and Lessons Learned; Economics of En-
vironmental  and  Waste  Management;  Cost-Effective
Waste Minimization and Pollution Prevention; Design,
Construction Practices, and Other Related Topics.
PPG #12: Construction Project Controls
Dr.  Douglas  D.  Gransberg,  PE  CCE,  and  James  E.
Koch, Editors, 2002 
Covers: Introduction to Construction project Controls;
Cost Control; Schedule Control; Quality Control; Doc-
ument Control; Computer Applications; and Interna-
tional Project Controls
PPG #13: Parametric and Conceptual 
Estimating, 2nd Ed.
Douglas  W.  Leo,  CCC,  Larry  R.  Dysert,  CCC,  and
Bruce Elliott, CCC, Editor, 2004 
Covers: Parametric/Conceptual Estimating; Classifica-
tion; Methodology; Capacity Factoring; Process and
Non-Process Industries; and Systems
PPG #14: Portfolio and Program Management,
2nd Ed. 
Randy R. Rapp, PE CCE, Editor, 2007 
Covers: Enterprise Management: General Imperatives and
Concerns;  Asset  Requirements  Elicitation  and  Analysis;
Asset Planning and Investment Decision-Making; Asset Per-
formance Assessment and Change Management; and Pro-
gram Management.
PPG #15: Life-Cycle Cost Analysis
Dr. Douglas D. Gransberg, PE CCE, and Carla Lopez 
del Puerto, CCC, Editors, 2007 
Covers: Life-Cycle Cost Theory; Life-Cycle Cost Methods,
Determining Discount Rate; Estimating Capital Cost of
Design and Construction; Estimating Operating Costs;
Estimating Salvage/Residual Value; Estimating Sustain-
ability;  Life-Cycle  Cost  Risk  Analysis;  Life  -Cycle  Cost
Case Studies; Life-Cycle Cost Analysis in the Interna-
tional Context
PPG #16: Cost Engineering in the 
Global Environment
Kul B. Uppal, PE, Editor, 2007 
Covers: General Topics on International Projects; Appli-
cable AACE International Recommended Practices; Cost
Estimating Methodology; Risk and Contingency; and
Miscellaneous Topics
PPG #17: Public Sector Estimating
Joseph L. Macaluso, CCC, Editor, 2007 
Covers: Basis of Estimates; Labor Costs; Overhead and
Profit;  Soft  Costs;  Bid/Estimate  Reconciliation;  and
Change Orders
PPG #18: Green Building
Joseph L. Macaluso, CCC, Editor, 2008 
Covers: Recognition of Affects and Economic Costs on
the  Environment;  Formulating  Ways  of  Addressing
Green  Building  Strategies  and  Associated  Economic
Costs; Specific Green Building Strategies and Project
Costs; Budgeting and Justifying the Cost of Sustainable
Practices; Evaluating Competing Sustainable Strategies:
Using Value Engineering; Evaluating Competing Sustain-
able Strategies: Other Techniques
PPG #19: Leadership and Management 
of People
John J. Hannon, CEP, Editor, 2008 
Covers: Leadership; Teams; Leadership Roles; Motiva-
tion; and Ethics.
PPG #20: Forensic Schedule Analysis
James G. Zack, Jr., CFCC, Editor, 2008 
Covers:  Recommended  Practice  No.  29R-03  Forensic
Schedule Analysis; Synopsis of Recommended Practice;
Basics  of  Schedule  Delay  Analysis;  MIP-Observational
Static Gross; MIP-Observational Static Periodic; MIP-Ob-
servational Dynamic Contemporaneous As-Is; MIP-Ob-
servational  Dynamic  Contemporaneous  Split;
MIP-Observational Dynamic Modified or Recreated; MIP-
Modeled Additive Single Base; MIP-Modeled Additive
Multiple Base; MIP-Modeled Subtractive Single Simula-
tion;  Non-CPM  Schedule  Delay  Analysis  Techniques;
General Schedule Analysis Articles
PPG#21: Cost Engineering in the Process 
Industries         
Kul B. Uppal, PE CEP, Editor, 2009
Covers: General Topics on Process Industries; Cost Es-
timating Methodology; Project Management; Inter-
national Projects; Scheduling; Construction Activities;
Risk Management; Project Controls; and Applicable
AACE International Recommended Practices.
The AACE International Professional Practice Guides (PPGs)
The AACE International Professional Practice Guides (PPGs)
(PPGs) are a series of reference CDs
that consists of selected Cost Engin -
eering articles, AACE Inter  national
Transaction papers, and other previ-
ously published documents to which
AACE has rights.
Price per PPG: 
Download Member Price US$50.00
Download Non-Member Price US$70.00
Price for the PPG Package 
includes all 21 PPGs:
Download Member Price US$874.00
Download Non-Member Price
US$1223.00
36 COST ENGINEERING DECEMBER 2011
CALENDAR OF EVENTS
DECEMBER 2011
5-8 RSMeans Public Seminar 
Schedule,
RSMeans,
Doubletree Hotel
San Diego, CA
Contact:
www.reedconstructiondata.com
8 CCM Application Workshop,
Construction Management 
Association of America (CMAA),
Marriott Los Angeles Downtown
Los Angeles, CA
Contact: teo.sierra@swinerton.com
www.cmaanet.org/cmi
MARCH 2012
15-18 2012 Western Winter 
Workshop,
San Francisco Bay Area Section of
AACE International 
Harrahs & Harveys Casino Resort
Lake Tahoe, NV
Contact:
aacei.sf.www.2012@gmail.com
www.aaceisf.org
JULY 2012
5-8 AACE International 
Education Seminars,
AACE International 
Marriott Rivercenter Hotel
San Antonio, TX
Contact: phone 1-800-858-COST
fax (304) 291-5728
info@aacei.org
www.aacei.org
8-11 AACE Internationals 
2012 Annual Meeting,
AACE International 
Marriott Rivercenter Hotel
San Antonio, TX
Contact: phone 1-800-858-COST
fax (304) 291-5728
info@aacei.org
www.aacei.org
12-13 AACE International 
Education Seminars,
AACE International 
Marriott Rivercenter Hotel
San Antonio, TX
Contact: phone 1-800-858-COST
fax (304) 291-5728
info@aacei.org
www.aacei.org
NOVEMBER 2012
14-15 AACE Internationals
International Total Cost Manage
ment Conference,
AACE International 
Hyatt Regency Dubai and Galleria 
Dubai, United Arab Emirates
Contact: phone 1-800-858-COST
fax (304) 291-5728
info@aacei.org
www.aacei.org
AACE International, 
1265 Suncrest Towne Centre Dr,
Morgantown, WV 26505-1876
USA   
phone: 304-296-8444        
fax: 304-291-5728       
e-mail:  editor@aacei.org
website: www.aacei.org
Please submit items for future
calendar listings at least 60
days in advance of desired
publication.