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18 Constr. Litig. 1 (2008-2009)

handle is hein.aba/cstrul0018 and id is 1 raw text is: Construction Litigation Committee www.abanet.org/Iitigation/committees/construction Summer/Fall 2008 Vol. 18 No. 1 BThe New AACEy Recommended Practice for Forensic Schedule Analysis (Part 1 of 2) By John C. Livengood John C. In July 2007, the Association for the Livengood Advancement of Cost Engineering International (AACEI) published the first American effort at a how-to manual on Foren- sic Schedule Analysis, the Recommended Practice for Forensic Schedule Analysis (RP/FSA). The RP/FSA document is the result of four years of intense col- laborative activity involving dozens of experts and lawyers in the field. Forensic Schedule Delay Analysis is a separate but related discipline to typical schedule analysis. Typically, large construction projects and most major programs of all types use prospective (forward- looking) scheduling to plan the work. In the case of major construction projects, this can result in Criti- cal Path Method (CPM) schedules that have tens of thousands of activities, all with separate and indepen- dent durations and logical relations to other activities. Prospective schedule analysis has proven so effective in assisting the administration of construction projects that schedule expertise was also applied to retrospec- tive analysis of planned and actual events on a con- struction project. This retrospective analysis is used to assist managers, and ultimately litigators, in identify- ing delays, causes of delays, responsibility for delays, Continued on page 10 Emails, E-Discovery, E-Gads! The Landscape Has Changed By Sarah Michaels Montgomery The article Electronic Discovery in Construction Litigation, published in July 1998, leads with the line Although the Federal Rules of Civil Procedure have contemplated discovery of electronic data since 1970, many lawyers are only now awakening to the benefits and risks of such discovery in litigation.' Ten years later, the statement remains largely true except for the fact that the Federal Rules of Civil Procedure now require parties to engage in discussions regarding electronic discovery (e-discovery), treating electronically stored information (ESI) as evidence that must be preserved and produced in civil litigation. This article briefly ad- Sarah Michaels dresses the technical revolution occurring Montgomery in the construction industry and how, in light of that revolution, e-discovery will increasingly become a part of construction litigation. The Construction Industry Is Going Digital Construction projects generate a plethora of docu- ments including architectural drawings, bids, sched- ules, to change orders, to purchase orders, to field Continued on page 14 American Bar Association Section of Litigation

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