AACE Certified Forensic Claims Consultant

Under the Spearin doctrine, who bears the risk of defective design specifications provided by the owner to the contractor?

• AThe contractor, because it has a duty to inspect
• BThe owner, because it impliedly warrants the adequacy of plans and specifications
• CThe architect, because it produced the drawings
• DThe risk is shared equally between owner and contractor

A federal contract contains FAR 52.236-2 (Differing Site Conditions). The contractor encounters subsurface rock not shown on the geotechnical report. This is most likely a:

• AType I differing site condition
• BType II differing site condition
• CForce majeure event
• DConstructive change

AACE Recommended Practice 29R-03 classifies forensic schedule analysis methods using a Method Implementation Protocol (MIP). Which method is described as observational and contemporaneous?

• AImpacted As-Planned (MIP 3.6)
• BCollapsed As-Built (MIP 3.7-3.9)
• CContemporaneous Period Analysis / Windows (MIP 3.3)
• DBut-For Analysis

Which forensic schedule analysis method is BEST described as 'additive simulation' that inserts delay events into the as-planned baseline?

• ACollapsed As-Built
• BImpacted As-Planned
• CTime Impact Analysis (TIA)
• DAs-Planned vs. As-Built

The Eichleay formula is used to calculate which type of damages?

• ADirect labor inefficiency
• BLost profits on unbid work
• CUnabsorbed home office overhead during compensable delay
• DAcceleration costs

Under Federal Rule of Evidence 702 and the Daubert standard, an expert's testimony is admissible only if it is:

• AGenerally accepted in the relevant scientific community (Frye standard only)
• BBased on sufficient facts/data, the product of reliable principles and methods, reliably…
• CSupported by at least one peer-reviewed publication
• DProvided by an expert with a Ph.D. in the relevant field

In a CPM schedule, the 'critical path' is BEST defined as:

• AThe sequence of activities with the highest total cost
• BThe longest continuous path through the network determining the project duration
• CThe path with the most resources assigned
• DThe path with the highest risk activities

A 'no damages for delay' clause in a construction contract is generally:

• AAlways unenforceable as against public policy
• BEnforceable but with judicially recognized exceptions including bad faith, active interfe…
• COnly enforceable in federal contracts
• DEnforceable only if the contractor was warned during negotiations

A contractor's daily superintendent log entries are an example of:

• AContemporaneous project records
• BRetrospective evidence
• CPrivileged work product
• DHearsay inadmissible at trial

Which damages calculation method establishes a baseline of unaffected productivity using a comparable, undisrupted work segment, then attributes the differential to the impact event?

• ATotal cost method
• BModified total cost method
• CMeasured mile
• DEichleay formula

Concurrent delay occurs when:

• ATwo or more delays occur on the same calendar day, regardless of impact
• BTwo independent delays caused by different parties impact the critical path during overla…
• CA subcontractor delay overlaps a weather delay
• DA delay is greater than 30 days

FIDIC 1999 'Red Book' (Conditions of Contract for Construction) Sub-Clause 20.1 (now 20.2 in 2017 edition) imposes what notice deadline on a contractor seeking an extension of time or additional payment?

• A14 days from the event
• B28 days from the event giving rise to the claim
• C60 days from the event
• DReasonable time, undefined

The Severin doctrine generally bars a:

• ASubcontractor's direct claim against the owner where there is no privity
• BPrime contractor's pass-through claim on behalf of a subcontractor when the prime is not…
• CContractor's claim for delay damages where the contract has a no-damages-for-delay clause
• DOwner's recovery of liquidated damages where the actual delay was concurrent

Which dispute resolution forum is most commonly chosen for international construction disputes?

• AU.S. federal court litigation
• BICC International Court of Arbitration
• CJAMS arbitration
• DMediation by AAA

In forensic claims practice, the structure of a damages claim typically follows three elements: ENTITLEMENT, CAUSATION, and DAMAGES. Which document or analysis primarily establishes CAUSATION?

• AThe contract clause permitting recovery
• BThe forensic schedule analysis or productivity loss analysis linking the impact event to…
• CThe cost reports showing the dollar amount of the loss
• DThe notice letter sent to the owner

An owner directs the contractor to use a different installation sequence not specified in the contract. The contractor incurs added cost. This is most likely a:

• AType II differing site condition
• BConstructive change
• CSuspension of work
• DTermination for convenience

AACE RP 25R-03 (Estimating Lost Labor Productivity in Construction Claims) ranks which method as the MOST preferred when conditions allow?

• ATotal cost method
• BIndustry studies (MCAA, NECA, etc.)
• CProject-specific studies including measured mile
• DSpecialty cost engineering models

A 'pacing delay' is BEST described as:

• AA delay caused by slow contractor performance during normal conditions
• BA deliberate, informed slowdown by one party in response to a delay caused by another, to…
• CA delay equal to or exceeding the project's float
• DA weather-related delay measured in calendar days

Which AACE Recommended Practice provides the framework for forensic schedule analysis?

• ARP 14R-90
• BRP 27R-03
• CRP 29R-03
• DRP 38R-06

Under FRE 703, an expert may rely on inadmissible facts or data if:

• AThe judge approves in advance
• BSuch facts or data are of a type reasonably relied upon by experts in the particular field
• CThe opposing party stipulates
• DThe expert has personally observed them

Which contract type places the GREATEST cost-overrun risk on the contractor?

• ACost-plus-fixed-fee (CPFF)
• BTime and materials (T&M)
• CFirm-fixed-price (FFP)
• DCost-plus-incentive-fee (CPIF)

AACE RP 27R-03 'Schedule Classification System' classifies schedules by:

• ALevel of detail and intended use, from Class 5 (conceptual) to Class 1 (detailed control)
• BSoftware platform (Primavera, MS Project)
• CNumber of activities
• DDollar value of the project

In a deposition, a forensic claims expert is asked: 'Did you consider the as-built productivity of the steel erection crew before they were impacted?' This question is testing which Daubert-related principle?

• AWhether the expert is qualified
• BWhether the expert's methodology considered alternative explanations and used the availab…
• CWhether the expert's fee is reasonable
• DWhether the expert has testified previously

The 'longest path' versus 'critical path' distinction in forensic schedule analysis matters because:

• AThey are always identical
• BLongest path is determined by activity logic alone, while critical path may also reflect…
• CLongest path is software-dependent and critical path is not
• DCritical path applies only to as-planned schedules

A 'liquidating agreement' between a prime contractor and a subcontractor in a federal pass-through claim is designed to:

• ASettle the underlying dispute permanently
• BEstablish prime contractor liability to the subcontractor conditioned on (and limited to)…
• CLiquidate the subcontractor's damages to a fixed sum
• DReplace bond requirements under the Miller Act

Time Impact Analysis (TIA), as described in AACE RP 52R-06, is BEST characterized as:

• AA retrospective method using only the as-built schedule
• BA prospective or near-contemporaneous method that inserts a delay fragnet into the most c…
• CA subtractive method removing delays from the as-built
• DAn observational method comparing as-planned to as-built

The Christian doctrine, in federal procurement, allows:

• AInsertion by operation of law of mandatory contract clauses that were inadvertently omitt…
• BTermination of contracts for the convenience of the contractor
• CRecovery of attorney's fees in disputes
• DThe government to ignore notice provisions

Which method of forensic schedule analysis is criticized as being the WEAKEST when used in isolation because it does not account for actual progress, contractor performance, or concurrent issues?

• AContemporaneous Period Analysis (Windows)
• BTime Impact Analysis with progress
• CImpacted As-Planned
• DHalf-Step Analysis

An owner asserts a backcharge against the contractor for liquidated damages of $5,000 per day for 60 days of late completion. The contractor proves 30 days of the delay were owner-caused. How are the LDs typically apportioned?

• AOwner recovers full $300,000 LDs
• BLDs are typically reduced or eliminated for the days of owner-caused or concurrent delay;…
• COwner forfeits all LDs entirely once any owner delay is proven
• DThe LD clause becomes unenforceable as a penalty

In a Collapsed As-Built (CAB) analysis, the analyst:

• AAdds owner-caused delays to the as-planned schedule
• BRemoves owner-caused delays from the as-built schedule and recalculates to determine how…
• CCompares as-planned float consumption to as-built float
• DInserts fragnets into the most current update

Under AIA A201-2017, a contractor's claim for additional time or money must generally be filed within how many days of the event giving rise to the claim?

• A7 days
• B21 days
• C30 days
• D60 days

The MOST robust forensic schedule method generally recognized by tribunals and AACE for analyzing a project with regular schedule updates is:

• AImpacted As-Planned
• BTotal Time / Total Float Method
• CContemporaneous Period Analysis (Windows) using actual updates
• DStatic As-Planned vs. As-Built bar chart comparison

An expert witness's draft report is generally:

• AAlways discoverable in federal court
• BProtected from discovery under FRCP 26(b)(4)(B), with limited exceptions
• COnly protected if labeled 'attorney work product'
• DOnly protected if marked confidential

A contractor seeks unabsorbed home office overhead via Eichleay. The government argues recovery is barred. Which fact, if proven, MOST defeats Eichleay recovery?

• AThe delay was 90 days long
• BThe contractor took on substantial substitute work and was not on standby
• CThe contractor used a percentage markup in its bid
• DThe contractor's home office costs increased during the delay

A 'modified total cost' damages claim differs from a pure 'total cost' claim by:

• AUsing only labor costs
• BAdjusting actual costs to remove contractor-caused inefficiencies and bid errors before s…
• CIncluding only direct costs and excluding overhead
• DUsing industry averages instead of actual costs

AACE RP 38R-06 'Documenting the Schedule Basis' emphasizes that the baseline schedule should include:

• AOnly the activity list
• BA narrative basis describing assumptions, calendars, milestones, logic, and risk - so fut…
• COnly the critical path
• DSubcontractor schedules without integration

Which is generally NOT one of the four prerequisites for using the total cost method?

• AImpracticability of proving losses by another more accurate method
• BReasonableness of the bid
• CReasonableness of actual costs
• DExistence of a liquidated damages clause

Chain of custody documentation is critical for which type of evidence?

• AOnly physical samples (e.g., concrete cores, metal coupons)
• BBoth physical samples AND digital records like schedule files, photos, and emails when au…
• COnly documents produced in discovery
• DOnly deposition exhibits

A Type II differing site condition is BEST described as:

• AA condition that differs materially from the contract documents
• BAn unknown physical condition of an unusual nature, differing materially from those ordin…
• CAny condition that increases cost
• DA weather condition

Acceleration costs may be recoverable when the contractor proves:

• AThe owner directed faster work
• BConstructive acceleration: an excusable delay occurred, the contractor requested time, th…
• CThe contractor voluntarily worked overtime
• DProductivity dropped during acceleration

Which document trail is MOST useful for proving the cause-and-effect link between an owner-issued RFI response and a downstream productivity loss?

• AFinal pay applications only
• BRFI log + dated daily reports + contemporaneous schedule updates + crew/timecard data
• CThe original baseline schedule alone
• DThe contract drawings as bid

The Federal Acquisition Regulation (FAR) clause governing changes to fixed-price construction contracts is found at:

• AFAR 52.243-4
• BFAR 52.236-2
• CFAR 52.249-2
• DFAR 52.232-27

When a fact witness (e.g., a project superintendent) testifies about events he personally observed, his testimony is generally LIMITED by:

• AFRE 702 (expert opinion standards)
• BFRE 701 (lay opinion limited to perception, helpful, and not based on scientific/technica…
• CFRE 802 (hearsay)
• DFRE 1006 (summaries)

A 'submittal log' on a construction project tracks:

• AOwner-issued change orders
• BContractor-submitted shop drawings, product data, and samples for owner/architect review…
• CRFI responses
• DPay application history

A request for equitable adjustment (REA) under federal contracts differs from a 'claim' under the Contract Disputes Act in that:

• AREAs always recover attorney's fees, claims do not
• BAn REA is a request for negotiated settlement; a CDA claim is a formal sum-certain demand…
• CREAs are governed by state law; claims are federal
• DREAs require certification; claims do not

Which of the following BEST describes the difference between mediation and arbitration?

• ABoth are binding; only the forum differs
• BMediation is non-binding facilitated negotiation; arbitration is a binding adjudicative p…
• CMediation results in a court judgment; arbitration does not
• DMediation is faster than arbitration but more expensive