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Gausnell, O’Keefe & Thomas, LLC co-founder and principal attorney, William Thomas, wrote an article for Modern Contractor Solutions, called “New Year, New Claims Methodology.” In it, Thomas dives into the lack of a universally accepted methodology to calculate damages attributable to loss of labor productivity in construction claims for public and private projects.

Over the years, states, federal district courts, and the U.S. Court of Federal Claims developed their own set of precedent — decided cases — instructing claimants on methods to present claims that pass judicial muster. This piecemeal approach results in an unnecessarily complex and somewhat confounding tapestry of damage calculations. However, the American Society of Civil Engineers (ASCE) is set to publish “Identifying, Quantifying, and Proving Loss of Productivity” later this year which proposes a new way of looking at a category of construction damages and could unify the field.

Thomas’ full article explaining the proposed new standard was published in the January 2021 edition of Modern Contractor Solutions Magazine here.

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