HOW TO IDENTIFY THE MEASURED MILE?
Holloway Consulting’s experiences as a construction damages expert, construction labor productivity expert and Measured Mile expert / analysis tell us that accurately identifying “the Mile” using the original method can sometimes be a challenge. One of the key elements here is finding a period of un-impacted performance.
In the context of a “Measured Mile” analysis in a construction project dispute, a no-stone-unturned causation analysis theoretically examines all of the potential causes of excusable and non-excusable events. As much as the participants (experts, attorneys and triers of fact) would like to believe that a no-stone-unturned approach can and should be applied to every such analysis, in most disputes, this rarely happens in these types of labor productivity analyses, because of lack of data, lack of time, client cost concerns, etc. As a result, experience shows that many parties base their Measured Mile analyses on the period of performance that was “least” impacted by excusable and non-excusable events.
KEY QUESTIONS ABOUT THE MEASURED MILE?
Some of the key questions to be addressed here by experts, attorneys and triers of fact are:
1. Must the Measured Mile represent a period of completely unimpacted performance?
2. Is the technique valid and useable when the “Mile” was the least impacted period, or when the “Mile” was relatively unimpacted?
The Holloway Consulting Group – Construction Experts
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