Labor Factors and the Measured Mile Upheld in Win for 2 MCAA Members

August 11, 2017

The Civilian Board of Contract Appeals (CBCA) decided in favor of Turner Construction Company regarding delays and loss of labor productivity experienced during renovations to the Smithsonian National Museum of American History located in Washington, DC. The contract required substantial structural, architectural, mechanical HVAC and electrical demolition and renovations to the museum for the principal purpose of providing a state-of-the art display for the Star-Spangled Banner, the flag that inspired Francis Scott Key to write what is now the U.S. national anthem.

During construction, Turner and two of its subcontractors, Welsh & Rushe and Stromberg Sheet Metal Works, encountered concealed conditions that critically delayed the schedule and caused a loss of labor productivity.

As a result of the CBCA decision:

  • Welch & Rushe’s claim of 42% loss of labor productivity based on the MCAA labor inefficiency factors was accepted.
  • Stromberg was awarded 100% of its claimed amount based upon a classic “measured mile” loss of labor productivity comparison.
  • Turner was partially compensated for its damages claim.

The April 14, 2017 decision provides clear language supporting the use of the MCAA loss of labor productivity factors and many citations that are very important to MCAA members.

Case Information and Representation

  • Turner Construction Company, Appellant, v. Smithsonian Institution, Respondent. CBCA 2862, 4085, 4802, April 14, 2017
  • Messrs. Douglas Patin and Michael Koplan, Partners, Bradley Arant Boult Cummings, Counsel to the Claimant Turner Construction Company
  • Mr. Paul Stynchcomb, CCM, PSP, CFCC, Principal, Vero Construction Consultants, Corp., testifying expert, loss of labor productivity representing the mechanical and sheet metal subcontractor claimants.

For More Information

Read the Full Decision

Want the Labor Factors, Measured Mile and More?

Find the them in Change Orders, Productivity, Overtime—A Primer for the Construction Industry. This resource includes information to help you determine the costs associated with unplanned events, circumstances and factors that may impact the outcome, productivity and schedule of construction projects.

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