CONTACTS 
0201 - O-0199 0201 High Point Schaer          206 386 5990 fax 5993SUBJECTS
CSCJ, Litigation, Issue Analysis
Mislocated Dowels
Schedule review reports
by HPS
Work plan by Gordon/others
Schedule as-built inadequate
Evidence & Burden of Proof

0909 -    ..
0910 - Summary/Objective
0911 -
091101 - Received as-built CPM from Gordon and found it inadequate. HPS
091102 - will use schedule analysis procedures at ref SDS 1. Gordon reports
091103 - as-built CPM conflicts with OKA inspection reports. HPS must report to
091104 - NW missing schedule data supplied by NW. Gordon says he submitted
091105 - report on missing schedule data.
091106 -
091107 -
0912 -
0913 -
0914 - Received ref DRT 1
0915 -
091501 - This is a schedule "as-built" from JS41 report consisting of 3 large
091502 - size sheets prepared by Gordon.  It shows some CPM activities for
091503 - contract B from project inception to approximately April 1986, about
091504 - 4 months into the job.
091505 -
091506 - Gordon's comment on his transmittal letter indicates the purpose of
091507 - this document is "...to analyse Schedule aspects for the dowel
091508 - problem."
091509 - ..
091510 - Roy and Kelly assembled the thing and hung it on the wall in my
091511 - office.
091512 -
091513 - It purports to be an "as-built" CPM.  I found the following
091514 - difficulties:
091515 -
091516 -   The activity to survey the existing dowels ran approximately 2.5
091517 -   months.
091518 -
091519 -   The activity to install the crane foundation had no precedent
091520 -   actitivites.  Daily Inspection Reports may indicate what controlled
091521 -   this matter.
091522 -
091523 -   The Survey Existing Dowel activity is shown as CONTINUOUS, contrary
091524 -   to actual intermitant performance agreed to have occurred by the
091525 -   parties.  There were long periods when no work was performed on
091526 -   this Survey activity.  The Daily Inspection Reports may disclose
091527 -   this information.
091528 -
091529 -   There are no logical connections between the survey activity and the
091530 -   wall construction activities.  There are no activities to remedy
091531 -   mislocated dowels following discovery under the survey activity and
091532 -   prior to the wall construction.
091533 -
091534 -   The most egregious error of the schedule is the use of finish to
091535 -   finish activity constraints.  This prevents a clear understanding
091536 -   of causation, which is the objective of CPM and essential to
091537 -   determination of schedule impact.
091538 -
091539 -
091540 - ..
091541 - Proposed schedule analysis procedures
091542 - Discussion with Roy & Rob Edgerton
091543 -
091544 -   Roy asked me how I think we should proceed, in light of the quality
091545 -   of the data.  Rob Edgerton participated in the discussion on the
091546 -   matter of pointing out defects in the as-built data.
091547 -
091548 -   I indicated HPS should perform the steps set out in ref SDS 1  i.e.
091549 -   develop an as-built CPM using the job records, principally the
091550 -   Daily Inspection Reports, and from that determine the as-built
091551 -   critical path.
091552 -
091553 -   Strategy on Use of Evidence
091554 -   Applying Burden of Proof
091555 -
091556 -   A fallback procedure would be to use the Summary monthly progress
091557 -   reports to create a network of the milestone nodes and events cited
091558 -   by OKA as significant through the course of the job.
091559 -
091560 -     Note:  A more economical procedure would be to simply wait for
091561 -     plaintiff's to submit their proposed "as-built" CPM or any other
091562 -     evidence upon which they intend to rely at trial to establish
091563 -     causation.  HPS then need merely spot check it for accuracy and
091564 -     logic.  Let the other guy pay for assembling the thing.
091565 -
091566 -     Until then HPS would testify the as-built data supplied by the
091567 -     parties does not establish entitlement to extra compensation.
091568 -
091569 -     HPS can still assemble fragnets on things like submittals,
091570 -     separate issues using chronologies.
091571 -
091572 -     HPS must report to counsel on deficiencies in the record supplied
091573 -     for schedule analysis relative to the OKA contract  so counsel
091574 -     can go on record as having requested it.  This will require OKA,
091575 -     Blount and Amoroso to either supply the data or bar its use at
091576 -     trial (or form the basis to seek a motion to give HPS adequate
091577 -     time to analyse it).
091578 -
091579 -
091580 -
091581 -
091582 -   For each Issue HPS should develop a fragnet using the chronology
091583 -   prepared for the Issue to show the relationship with the critical
091584 -   path.  This would provide a basis to complete the Issue analysis
091585 -   with respect to total DHP exposure.
091586 -
091587 -
091588 -
091589 -   Discussion with Alex
091590 -
091591 -   Roy and I explained the defects in the "as-built" CPM supplied by
091592 -   Gordon, as noted above.
091593 -
091594 -   Alex said he originally requested this submittal from Gordon
091595 -   believing it would be sufficient, or nearly so  to support Issue
091596 -   analysis.  He discussed this further with Gordon last Friday after
091597 -   Gordon issued this material, ref DRT 1, and as a result  he and
091598 -   Gordon agreed to a different scenario, similar to that described
091599 -   above.
091600 -
091601 -   Alex expressed deep surprize and concern about the inadequacies in
091602 -   the OKA "as-built."  He asked that Roy and I call Gordon to discuss
091603 -   procedures for dealing with this situation.
091604 -
091605 -
091606 -
091607 -
091608 - Discussion with Gordon
091609 - OKA "As-built" CPM inaccurate
091610 -   ..
091611 -   Gordon advised examination of the OKA Daily Inspection Reports
091612 -   shows conflicting information with respect to actual start and
091613 -   completion dates for the activities listed in the "as-built"
091614 -   schedule identified as JS41.
091615 -
091616 -   It is essential to identify the extent of this disparity in order
091617 -   to make a case of failure to perform by OKA  as part of the defense
091618 -   for DHP.
091619 -   ..
091620 -   Gordon feels he can prepare an as-built fragnet using the
091621 -   chronology for the "mislocated dowels" sent to him by Roy last week,
091622 -   ref 3 and 4 line 051111, 090701,
091623 -
091624 -   Should receive as-built fragnet on Mislocated Dowels.
091625 -
091626 -
091627 -
0917 -