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(PS-841) The Law of Schedules

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Primary Author: Mr John C Livengood CFCC PSP ARCADIS
Co-author(s): Mr Patrick M Kelly PSP ARCADIS-US

Audience Focus: Intermediate
Application Type: Experience-Based
Venue: 2012 AACE International Annual Meeting, San Antonio, TX, USA

Abstract: Construction managers, program managers, contractors, owners, and planning and scheduling professionals in the construction industry work with schedules every day. Yet what do they know about the legal import of a schedule's creation, approval, acceptance, management, modification and updating? Further questions include: Do you need to have a schedule? Will a PDF barchart of your P6 schedule meet the CPM schedule requirement? Do more detailed schedules change the legal landscape? Do approvals/acceptances make a difference? Is having a baseline important? If you want to finish early, what are the requirements? Do contractors have to coordinate with their subcontractors in order to have a legally sufficient schedule? What role do schedules play in the legal determination of negligent management? This paper reviews historic and recent case law on these issues as well as proposes resolutions for topics not yet addressed by the courts.