AACE CFCC Certified Forensic Claims Consultant flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Forensic schedule analysis

A systematic comparison of planned versus actual performance using CPM logic to identify, measure, and apportion delay events and their effect on project completion.

As-planned versus as-built

A delay analysis method comparing the baseline schedule to the actual schedule to determine net delay, though it does not isolate individual event causation without further steps.

Time impact analysis

A prospective method inserting a delay event into the contemporaneous schedule at the point of occurrence and measuring the resulting change to completion.

Window analysis

A contemporaneous, period-by-period delay method that updates the schedule in windows and attributes delay within each window to specific events.

Critical path

The longest continuous chain of dependent activities through a network; any delay on this path extends project completion unless float is available.

Total float

The amount of time an activity can be delayed without delaying project completion; consumption of float affects entitlement to time extensions.

Concurrent delay

Two or more independent delay events occurring in the same period, each affecting the critical path, generally barring time-related cost recovery for that period.

Pacing delay

A deliberate slowdown by one party to match an existing delay caused by another, often raised as a defense against a delay claim.

Total cost method

A quantum method computing the difference between actual and bid cost; disfavored and admissible only when four strict conditions of impracticability and reasonableness are met.

Modified total cost method

An adjustment to the total cost method that deducts contractor-caused cost overruns and other non-compensable amounts before computing the claim.

Measured-mile method

A productivity analysis comparing bid or baseline production rates to actual rates over comparable work units to isolate owner-caused inefficiency.

Disruption versus delay

Disruption is lost productivity that raises unit costs without necessarily extending completion; delay is time impact on the critical path extending completion.

Lost productivity claim

A claim for increased labor or equipment cost per unit of work caused by interference, stacking of trades, or out-of-sequence work.

Contemporaneous records

Daily reports, cost ledgers, and correspondence created at the time of the event; the most reliable and persuasive evidence in forensic analysis.

Cause and effect analysis

The forensic process linking a specific event to a specific schedule or cost impact through documented logic, not mere correlation.

Quantum

The monetary or time value of a proven claim, established with reasonable certainty through records and accepted cost methods.

Claim entitlement

The contractual or legal basis giving the claimant the right to relief, independent of the amount of damages or delay suffered.

Notice provision

A contract clause requiring written notice of a claim within a stated period; often a condition precedent whose breach can bar the claim.

Condition precedent

A contractual requirement that must be satisfied before a right arises, such as timely notice before a claim becomes enforceable.

Constructive change

Work ordered or compelled by owner conduct without a formal change order, giving the contractor a right to equitable adjustment.

Differing site conditions

Physical conditions materially differing from contract documents (Type I) or from what reasonable investigation would reveal (Type II), entitling adjustment with notice.

Suspension of work

A temporary stoppage ordered by the owner; the contractor may recover time and costs but generally not profit on the suspended work.

Termination for convenience

Owner termination without contractor fault; the contractor recovers costs incurred plus reasonable profit on performed work, not anticipatory profit.

Termination for default

Termination due to contractor failure; the owner may recover excess reprocurement costs, and the contractor bears the burden of proving the default was excused.

Acceleration

Compressing performance to finish earlier than the adjusted schedule; may be actual (directed) or constructive (caused by owner-caused delay).

Constructive acceleration

When the owner refuses a justified time extension but requires completion on the original date, entitling the contractor to acceleration costs.

Mediation

A non-binding facilitated negotiation in which a neutral helps parties reach settlement; the mediator does not impose a decision.

Arbitration

A binding private adjudication by a neutral panel; awards are final with very limited judicial review on grounds like fraud or exceeding authority.

Burden of proof

The obligation of the claimant to establish entitlement, causation, and quantum by a preponderance of the evidence; unproven amounts are disallowed.

Limitations period

The contractual or statutory deadline for filing a claim, typically running from when the claimant knew or should have known of the event.

Equitable adjustment

A contract price or time adjustment restoring the contractor to the position it would have occupied absent the changed condition, without windfall.

Dispute resolution ladder

A contractual escalation sequence such as negotiation, mediation, adjudication, then arbitration or litigation, each with defined timing and cost.