Construction Litigation

Construction Claims

Loss of Productivity Claim

Loss of Productivity Claim

Loss of Productivity Claim

The claim quantifies reduced labor efficiency attributable to owner-caused conditions including overcrowding, sequence changes, weather exposure from delay, and excessive overtime.

Industry productivity factors are used where project data is unavailable.

Alternative Names:

Productivity Loss|Labor Inefficiency Claim

Why it Matters?

Industry factor studies quantifying efficiency loss from overtime, stacking, and other conditions provide a fallback where project data is insufficient, but they draw challenge as generic rather than project-specific. Courts and boards prefer measured mile analysis using the contractor's own data. Maintaining daily reports with crew sizes and quantities installed is what makes the superior method available later.

Frequently asked questions

When are industry factor studies used?

What documentation enables the stronger method?