Seyfarth partner James Newland co-authored “Preparing and Presenting Loss of Labor Productivity Claims: Analysis of the Methodologies with Two Exemplars”, published in the Summer 2020 edition of the ABA’s The Construction Lawyer.
It is beyond doubt that losses of labor productivity exist in the construction industry. When a party seeks to recover damages for loss of labor productivity, proving that such losses occur is not the challenge. The challenge is linking cause and effect sufficient for the trier of fact to understand the claim and make the appropriate determination, whether that trier of fact is a panel of a board of contract appeals, a judge on the Court of Federal Claims, a federal or state court judge, or an arbitrator.
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