On most troubled construction projects, the symptoms of lost productivity are veryapparent: sequence changes, trade stacking, unplanned winter work, excessive overtime are but a fewexamples. One of the most vexing tasks facing construction professionals, however, is how to quantifylost productivity damages. Judges have long struggled to answer this question, as these damages arerarely, if ever, proven solely by reference to actual cost records. This paper examines the state of thelaw governing the recovery of lost productivity damages, including the legal prerequisites for severaldifferent approaches that courts have used in awarding these damages. Specifically, this paperexamines the direct-cost and jury-verdict approaches, as well as several methodologies that seek toapproximate lost productivity: the measured-mile, the total-cost and modified total-cost methods, andvarious industry studies.
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