On 23 May 2012, McLachlan Lister's Anamaria Popescu made a presentation on "Extensions of Time - Avoiding the Traps or Taking Advantage of Them" in conjunction with well-known Australian law firm Holding Redlich
3. EOT Triggers
1. An Event Occurred or Will Occur that Causes Delay
2. 3 Possible EOT Event Types:
– Owner driven events – O‟s risk (Time & money)
– Neutral events – risk shared (Time only)
– Concurrent events-risk allocated (Time only)
3. Causes Delay to the Critical Path
….But, Critical Path to What?
4. Contractual Completion Date(s)
Dealt with in Contract 2 ways:
– By stating a date
– By stating a works period
Types of Contractual Completion Dates:
– „Practical Completion‟ Date
– „Substantial Completion‟ Date
– „Mechanical Completion‟ Date
– „Handover‟ Date
– „Separable Portion‟ Date
May apply to a Section, or the Entire Project
– Each Section is treated separately
– Multiple EOT Claims and LD Assessments May Apply
6. Schedule Integrity: What is It?
No Open Ends
Limited Constraints
All Scope Captured
Majority of Tie Types: FS
No Large Lags: “Float Hoarding”
No Redundant Logic Ties
Critical Path Makes Sense
Critical Path is Continuous
“Longest Path” Filter Confirmation
7. Schedule Integrity
Obligation of Both the Owner and Contractor
Contract Must State Schedule Requirements
Diligence Must not Stop after Baseline is Accepted
Schedule Updates Are Contractual Too!
Key Tools to EOTs
8. Schedule Integrity: How do you Know?
Ask for the Electronic Version (Not a PDF)
Run a Schedule Diagnostic on Baseline & Updates
Primavera: “Schedule Log” and “Claim Digger”
Others: Acumen “Fuse”, “Schedule Analyser Pro”
Also look for..
– Added and/or Deleted Activities
– Increase or Decrease in OD
– Calendar Changes
– Schedule Calculation Changes
– Etc…
12. Documentation of Causation
The need for evidence: “He who Asserts Must Prove”
1st: Demonstrate Cause (Documentation)
2nd: Demonstrate Effect (Schedule Analysis)
The 3 „R‟s – Records, Records, and Records
Record Type Important but Record Content Key!
13. Documentation of Causation: Record Types
Letters and Emails
RFI‟s
Hold Registers
Transmittal Logs
Progress photographs
Variation Notices
Daily Field Reports
Weekly Progress Reports
Meeting Minutes
Drawing Revision Logs
14. Documentation of Causation: Record Content
Instructions given & received
Conflicts in plans/specifications
Weather conditions: Not Just Rain
Work Stoppage: Time Stopped and Why
Number of Workers/Trade Type
Subcontractors
Equipment Type Utilised and Number
Daily Activity of Crews
Specific Location: Station Number, Area
Delays Encountered: Specific Activity
Material Shortages
Create a Standardised Daily Report Form
20. Concurrent Delay - Requirements
Two or more delays during the “same” time
There can only be one unit of delay during the same
unit of time, regardless of the number of delaying
events
Delays unrelated and independent
Must delay the critical path
Responsibility of different parties
Each party bears its own expenses for that delay
Involuntary (i.e., not “pacing”)
Substantial and not easily curable
22. Literal vs. Functional Concurrency
Literal Concurrency
– Delays have to be literally concurrent
in time, as in “happening at the same
time”
Functional Concurrency
– Delays need only occur in the same
analysis period or window
24. As-Planned vs. As-Built
Comparison of start/finish dates between two schedule updates
Purely mathematical-Variance between dates
25. As-Planned vs. As-Built
Delayed Completion
1 Early Start
2 Overall Delay
3
4
As-Planned
As-Built
1 Delayed Start
2 Early Completion
3
26. As-Planned vs. As-Built
When should it be used?
Limited time and money
No electronic schedules
Inadequate schedule logic
Quick and dirty 1st pass
What does the Schedule Analysis Method Best
Prove?
Excusable non-compensable delay
27. As-Planned vs. As-Built
Not Good For:
– Concurrent delays or acceleration
– Critical path changes between updates
– Multiple critical or near-critical paths per update
– Recovering extended overhead costs
– Arbitration or Litigation
Pros:
– Easy to understand, explain, and graphically depict
– Technically simple to perform
Data Required:
– Baseline schedule
– As-built schedule
28. Windows Analysis
Quantify loss or gain of time along a float path
Loss and gains tallied by window
A “window” is the time period framed between two
revisions:
• The as-planned schedule for the beginning of the
window
• The as-built schedule for the end of the window
As-
Planned As-
Built
29. Windows Analysis: Example
Jan 2006
ID Task Name Dur
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
1 Excavate 2d
Ì Gain = +
2 1d
Delay = --
3 Form / Rebar 3d
¬¬ Planned
4 4d
5 Concrete 3d
As-Built
Ì Ì ¬¬
6 4d
7 Strip Forms 1d
¬¬ ¬¬
8 1d
9 Inspect 1d
10 1d
¬¬ ¬¬ ¬¬ ¬¬
Gain 1 1 2
Null 0 0
Delay -1 -1 -1 -1 -1 -1 -1 -7
Net 1 1 -1 -1 -1 -1 -1 -1 -1 -5
30. Windows Analysis
When Should the Schedule Analysis Method be
Used?
– Complex schedules with large critical paths
– Very high delay damages
– Concurrent delays
– Client has the time and budget
– Need graphical depiction of concurrency
What does the Schedule Analysis Method Best
Prove?
– Excusable non-compensable delay
– Excusable compensable delay
– Concurrent delay: Literal Concurrency
– Non-excusable delay
31. Impacted As-Planned (A.K.A TIA)
Insertion of impact activities into a baseline or
update schedule
Integrated into the network logic before, in-
between, or after the activity it affected
Additive model that simulates the possible effect
of actual delay events to the schedule
completion date
Comparison of IAP schedule and succeeding
update to determine possible acceleration or
non-excusable delays
Comparison of IAP schedule and planned
schedule to determine time extension
34. Impacted As-Planned
When Should the Schedule Analysis Method be
Used?
– Indemnification of liquidated damages
– For preliminary negotiations between owner and
contractor
– While the Job is Ongoing
What does the Schedule Analysis Method Best
Prove?
– Requests for Time Extension or LD Waivers
– Acceleration Claims
35. Presentation
1. Attach Source Documentation
2. Graphical Representation
• Schedule Updates: Prior to Impact and After Impact
• Critical Path in Gantt Chart Format with Logic
• Concurrency
3. Write Up
• Keep it Short and Sweet
• Explanation of Impact Event: Timing,Activities,Duration
4. Cost Impact
• Stand-By Costs of Equipment and Crews Affected
• Don‟t Claim Costs on Crews That Were Working!
5. Executive Summary at the Beginning
6. Submit Once Impact Event Is Known
7. Submit Again Once Full Impact Understood
36. Recap
• Documentation is Key: Content Must be Consistent
• Schedules Must Be Sound and Accurate
• Don‟t Ignore Updates
• Choose Your Technique Wisely
• Consider Concurrency
• Present Claim as a Concise Package
• Don‟t Throw the Kitchen Sink into the Claim
• Resolution Inversely Proportional to Submittal Time
37. Contact Information
Brisbane Office
2/19 Musgrave Street
West End, QLD, 4101
Email: anamariap@mclachlanlister.com
Phone: 61 07 3255 0223
Sydney Office Perth Office
Level 1, 1 Hickson Road 189 Colin Place
Phone: 61 02 9241 7328 Phone: 61 08 9480 0647