Richard J. Long , P.E. , P.Eng.
Methods for Calculating and Presenting Damages in a Construction Claim
This post describes seven methods for calculating and presenting damages in a construction claim and how to choose one.
Biography
Richard J. Long, P.E., P.Eng., is Founder of Long International, a Colorado-based construction claims and project management consulting firm that focuses its practice on owners, engineering and construction firms, and contractors performing petroleum refining, petrochemical, oil and gas, LNG, power/cogeneration, mineral processing, industrial, building, and infrastructure projects worldwide.
Mr. Long has over 50 years of U.S. and international consulting experience involving construction contract disputes analysis and resolution, arbitration/litigation support and expert testimony, project management, engineering/construction management, cost and schedule control, and process engineering. As an internationally recognized expert in the analysis and resolution of complex construction disputes for over 40 years, Mr. Long has served as the lead expert on over 500 projects having claims ranging in size from US$100,000 to over US$2 billion. He has testified in mediation, deposition, and court as well as U.S. and international arbitration. His expert consulting experience includes oil refineries, petrochemical and chemical plants, LNG projects, offshore oil and gas facilities, power plants, oil sands and oil shale facilities, metallurgical projects, and commercial and industrial buildings. He has presented and published numerous articles on claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention. In 2017, Mr. Long received the U.S. Small Cap CEO of the Year award, and in 2024, he was included in Marquis Who’s Who.
Before forming Long International, Mr. Long was Senior Vice President, Contract Administration for a major electrical and mechanical contractor. In this role, he had corporate-wide responsibility for technical management and oversight of the preparation and resolution of construction claims. In addition, he was responsible for the development, training, and implementation of project management policies and procedures to ensure that profit, cost, schedule, scope, quality, and safety objectives were achieved.
For 13 years, Mr. Long managed the construction claims practices of two large consulting firms. Prior to his consulting career, Mr. Long gained 13 years of project management and process engineering experience on petroleum refining, oil shale, synfuels, mining, and power generation projects with Tosco, Fluor, and Conoco.
EDUCATION
M.S., Chemical and Petroleum Refining Engineering, Colorado School of Mines, 1974
B.S., Chemical Engineering, University of Pittsburgh, 1970
PROFESSIONAL REGISTRATIONS
Registered Professional Engineer, Colorado (No. 25050)
Licensed Professional Engineer, Newfoundland and Labrador (No. 09209)
PROFESSIONAL AFFILIATIONS
American Institute of Chemical Engineers
Project Management Institute
AACE International
Society of Construction Law
Articles and Publications
Acceleration Claims on Engineering and Construction Projects
ReadAnalysis of Concurrent Delay on Construction Claims
ReadAnalysis of Concurrent and Pacing Delays
ReadApplications of Monte Carlo Simulations in Dispute Resolution and Claims Work
ReadAs-Built But-For Schedule Delay Analysis
ReadConstruction Claims Analysis Checklist
ReadVariation Claims in Construction
ReadConstruction Claims Prevention and Resolution
ReadConstruction Contract Notice Letters
ReadConstructive Changes
ReadContract Scheduling Provisions
ReadCumulative Impact and Other Disruption Claims in Construction
ReadDefective and Deficient Contract Documents – A 2013 Update
ReadDiffering Site Conditions: Clauses, Claims, & More in Construction
ReadDiscrete Damages and Cost Variance Analysis Method for Quantifying Damages in Construction Claims
ReadDocument Database Considerations
ReadEPC Contract Risk Analysis Associated with Onshore Projects in Developing Countries
ReadEvaluation of Changes in Process Plant Projects
ReadGlossary of Construction Terms and Definitions
ReadImplementing Time Impact Analyses and Update Impact Analyses on Large, Complex EPC Projects
ReadLong International’s Schedule and Delay Analysis Methodologies
ReadPreserving Your Claim through Documentation
ReadProving the Cause-Effect Linkage
ReadReservation of Rights to Make a Cumulative Delay Impact Claim
ReadThe Doctrine of Unjust Enrichment
ReadThe “No Damages for Delay” Clause
ReadTypical Problems Leading to Delays, Cost Overruns, and Claims on Process Plant and Offshore Oil and Gas Projects
ReadCommon Causes of Claims in Construction Projects
ReadBlog Posts
Richard J. Long , P.E. , P.Eng.
Delay to Mechanical Completion
Construction contracts should specify all that is required for Mechanical Completion to prevent related disputes between the owner and contractor.
Richard J. Long , P.E. , P.Eng.
Maladministration of a Construction Contract: Part 3
This blog post, third in a series, includes examples of maladministration claims in construction contracts as well as contractor’s remedies.
Richard J. Long , P.E. , P.Eng.
Maladministration of a Construction Contract: Part 2
This blog post, part of a series on maladministration claims in construction contracts, focuses on failure to assign work and failure to coordinate.
Richard J. Long , P.E. , P.Eng.
Maladministration of a Construction Contract: Part 1
Maladministration is an entitlement that allows contractors to recover costs when the owner interferes with the contractor’s work.
Richard J. Long , P.E. , P.Eng.
Should Owners Furnish Construction Items?
This post explores the cost-benefit of the owner choosing to furnish items for construction projects.
Richard J. Long , P.E. , P.Eng.
Construction Claims on Owner-Furnished Items
This post considers legal implications of defective or delayed deliveries of owner-furnished items for construction projects.
Richard J. Long , P.E. , P.Eng.
Obstacles to Recovery for Unjust Enrichment
This is the third post in a three-part series on unjust enrichment claims in construction contracts.
Richard J. Long , P.E. , P.Eng.
Recovery for Unjust Enrichment
This is the second post in a three-part series on unjust enrichment claims in construction contracts.
Richard J. Long , P.E. , P.Eng.
Examples of Unjust Enrichment
This is the first post in a three-part series on unjust enrichment claims in construction contracts.
Richard J. Long , P.E. , P.Eng.
Implied Warranty to Coordinate Other Contractors
This is the third post in a three-part series on implied warranties in construction contracts.
Richard J. Long , P.E. , P.Eng.
Implied Warranty That Neither Party to a Contract Will Do Anything to Prevent, Hinder, or Delay the Other Party’s Performance
This is the second post in a three-part series on implied warranties in construction contracts.
Richard J. Long , P.E. , P.Eng.
Implied Warranty of the Design
This post discusses the implied warranty in construction contracts that plans and specifications are adequate for the purpose intended.
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Oral Modifications
This is the final blog post in a 12-part series that discusses clauses in construction contracts with the goal of providing awareness of contract terms…
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Escalation
This is the eleventh blog post in a 12-part series that discusses clauses in construction contracts with the goal of providing awareness of contract terms…
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Weather
This is the tenth post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Compensation and Payment
This is the ninth post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Flow Down
This is the eighth post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Force Majeure
This is the seventh post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Andrew Avalon , P.E. , PSP , Richard J. Long , P.E. , P.Eng. , Eric J. Klein , Ph.D. , P.E. , PMP
The Role and Benefit of a Construction Insurance Claims Advisor
This post outlines how construction insurance claims advisors can assist insurance companies and insured project owners.
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Inspection
This is the sixth post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Variation in Quantity
This is the fifth post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Warranty and Defects Liability
This is the fourth post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses: Suspension of Work
This is the third post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Richard J. Long , P.E. , P.Eng.
Problematic Contract Clauses in Construction: Coordination
This is the second post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Richard J. Long , P.E. , P.Eng.
Problematic Construction Contract Clauses
This is the first post in a series that discusses construction contract terms that cause difficulties and give rise to claims.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP , Eric J. Klein , Ph.D. , P.E. , PMP
The Benefits of Consultants for Construction Projects
This is the second post in a two-part series on the role and benefit of a construction consultant.
Richard J. Long , P.E. , P.Eng. , Eric J. Klein , Ph.D. , P.E. , PMP
The Role and Benefit of a Consultant in a Construction Project: Part 1
This is the first post in a two-part series on the role and benefit of a construction consultant.
Richard J. Long , P.E. , P.Eng. , Eric J. Klein , Ph.D. , P.E. , PMP
Tips to Contractors for Avoiding Construction Claims and Disputes
This is the second post in a two-part series that discusses best practices for avoiding claims and disputes on construction projects.
Richard J. Long , P.E. , P.Eng. , Eric J. Klein , Ph.D. , P.E. , PMP
Tips to Owners for Avoiding Construction Claims and Disputes
This is the first post in a two-part series that discusses best practices for avoiding claims and disputes on construction projects.
Richard J. Long , P.E. , P.Eng.
Effects of Disruption
This post discusses effects of disruption on construction projects, including effects on contractor learning curves, cumulative impact, and more.
Richard J. Long , P.E. , P.Eng.
Types of Disruption
This blog post discusses noncompensable and compensable disruption of construction projects. It is second in a series of posts on disruption.
Richard J. Long , P.E. , P.Eng.
Disruption Defined
This post discusses disruption in construction projects, three principals associated with disruption, and how disruption is different from delay.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Directed Change: Notice, Authorization, and Reservation of Rights
This post discusses three factors that cause disputes in relation to directed change on construction projects.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Directed Change: Changes Clauses and Disputes in Contracts
This post discusses changes clauses and common mistakes that lead to disputes in relation to directed change on construction projects.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Differing Site Conditions: Contracts
This post explores contract language related to differing site conditions (DSC) and paths by which a contractor might recover from DSC.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Differing Site Conditions (DSC): Types, Examples, and Claims
This is the first of two blog posts about differing site conditions (DSC). It explains Types I, II, and III DSC and DSC claims.
Richard J. Long , P.E. , P.Eng.
Impossibility of Performance: Economic Hardship, Risk Assumption, and Remedy
This is the second of two blog posts on impossibility of performance. This post discusses economic hardship, risk assumption, and remedy.
Richard J. Long , P.E. , P.Eng.
Impossibility of Performance: Physical and Economic Impossibility
This is the first of two blog posts on impossibility of performance. This post discusses physical and economic impossibility.
Richard J. Long , P.E. , P.Eng.
Contractor-Caused Delays: Part 2
This is the second of two blog posts about non-excusable, non-compensable delays, for which the contractor is responsible.
Richard J. Long , P.E. , P.Eng.
Non-excusable, Non-compensable Delays in Construction: Part 1
This is the first of two blog posts about non-excusable, non-compensable delays, for which the contractor is responsible.
Richard J. Long , P.E. , P.Eng.
Excusable, Compensable Delays in Construction
This post discusses excusable, compensable delays, which entitle contractors to both compensatory damages and time extensions.
Richard J. Long , P.E. , P.Eng.
Excusable, Non-compensable Delays
This post discusses excusable, non-compensable delays, which entitle contractors to time extensions but not damages.
Richard J. Long , P.E. , P.Eng.
An Overview of Excusable Delays
This blog post discusses excusable delays in construction, including compensable and non-compensable delays.
Richard J. Long , P.E. , P.Eng.
Types of Delay in Construction Projects & Their Causes
Delays in construction contracts are usually categorized as one of three types. This post defines each type, with examples.
Richard J. Long , P.E. , P.Eng.
Overview of Delays
One of the primary objectives shared by owners and contractors alike is the completion of projects on schedule and within budget.
Richard J. Long , P.E. , P.Eng.
Construction Contract Formation Requirements to Mitigate Deficiency
This is the final post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: Time Limits on Extra Work Claims
This is the sixth post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Failure to Disclose Information
This is the fifth post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Owner Defenses Against the Spearin Doctrine
This is the fourth post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: Contractor’s Legal Rights to Recover Costs
This is the third post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Defective and Deficient Contract Documents: The Spearin Doctrine
This is the second post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng.
Deficient and Defective Contract Documents: An Introduction
This is the first post in a seven-part series that discusses defective and deficient contract document claims.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Constructive Changes
This post explores constructive changes, which are a common cause of construction claims, and problems establishing entitlement.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Concurrent Delay Liability and Damages
This is the second of two blog posts examining concurrent delay, a vexed and complex technical and legal issue.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Concurrent Delay Defined
This is the first of two blog posts examining concurrent delay, a vexed and complex technical and legal issue.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Cardinal Changes in Construction: Definition, Doctrine, & More
The determination of what constitutes a cardinal change depends upon a court or arbitration panel decision and the unique contract language at issue.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Acts of God/Weather
Delays resulting from acts of God are normally excusable but noncompensable events in the absence of a contract clause stating otherwise.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Directed and Constructive Acceleration
The desire to minimize costs and contractual performance time often leads to directed or constructive acceleration.
Richard J. Long , P.E. , P.Eng.
The No Damages for Delay Clause
Owners include “no damages for delay” clauses in construction contracts to avoid responsibility for contractors’ increased time-related costs.
Richard J. Long , P.E. , P.Eng.
Contract Language: Defining Standard of Care and Good Industry Practice
Language in EPC and EPCM contracts defines standards of care and excellence, good industry practice, and required skills and capacity to perform.
Richard J. Long , P.E. , P.Eng.
Construction Claim Definitions for Contractors
This post summarizes the definitions of the 19 construction claim types that may apply to a contractor’s and subcontractor’s recovery of time and costs.
Richard J. Long , P.E. , P.Eng. , Andrew Avalon , P.E. , PSP
Types of Construction Claims for Contractors
U.S. federal and state courts recognize 19 basic construction claim entitlements for a contractor’s recovery of damages.
CONTACT US
Experience Matters
Our experts are ready to help.
Our extensive international experience includes large, complex, grass roots, revamp, and reconstruction projects incorporating conventional-phased, fast-track, and EPC turnkey concepts.