Trends in Construction Lost Productivity Claims

Resources are the cornerstone of all construction performance. An important measure of those resources is their productivity, which can be affected by many factors. Where productivity is reduced due to circumstances beyond the contractor’s control, a claim for loss of productivity often results. Although similar to other types of claims, loss of productivity claims pose unique challenges for the contractor who asserts them and the owner who defends against them. This paper discusses construction productivity, especially labor productivity, including its measurement, the methodologies for asserting and defending against loss of productivity claims, and recent judicial decisions addressing these claims.