It seems logical to begin the discussion by first defining a construction defect.  Although logical, this is not so simple since there seems to be no standard definition for the term. 

Marianne Sparks at the American Re-Insurance Company has summarized this dilemma best by stating that “what constitutes a ‘construction defect’ is essentially defined by state laws and court definition and interpretation.  In defining “construction defect,” the states and laws and trial courts have created a complex issue.”  She goes on to say, “Generally, this is because each state has its own approach to defining ’construction defect.’  Not only do approaches vary widely by state, but the individual state statutory schemes themselves can be ambiguous, and it can be left to the courts to determine the applicability of the definition of “construction defect” on a case-by-case basis.”1

Generally speaking, assertion of damages from a delay requires that the contract completion date be extended.  A delay may or may not extend the overall schedule for completing the entire scope of the contract.  When using a method referred to as Critical Path Scheduling (CPM), delays of an activity off the critical path do not extend the schedule until the entire float (slack time) is consumed.

The ability to conduct this retrospective look has evolved from our many years of successful experience in planning and implementing the same types of projects we now analyze. In other words, proper planning enhances the knowledge needed to look backward, and vice versa.