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Forensic schedule analysis acesss
1. Forensic Schedule Analysis Techniques: Unveiling the Mystery Using the
AACEi Recommended Practice 29R-03
Presented to:
Dr. Anamaria Popescu, PE,PSP, PMP
McLachlan Lister-Hill International Australia
February 28, 2012
2. Anamaria Popescu
Associate Director-McLL in Brisbane
Project Auditing Services
Project Controls Implementation
Construction Claims Expertise
Forensic Schedule Analysis
Joined Hill International in 2011
Consulting to the Oil and Gas Industry
University of Texas at Austin
Civil Engineering/CEPM Program
PhD in Schedule Analysis
PM at Enron
3. Presentation Objectives
Definition of Forensic Scheduling
General structure of RP 29R-03
Taxonomy
Intro to Schedule Analysis Methodologies
Concurrent Delay Principles
Factors to Consider When Selecting a Method
5. Forensic Scheduling: Definition
The study of event interaction using CPM
or other recognized schedule calculation
models to understand the significance of
deviations from a baseline for potential
use in legal proceedings.
6. Forensic Scheduling Attributes
Analyses performed retrospectively
Actual delay impacts are known
Expert simulates either awareness or
unawareness of actual impact:
“Hindsight vs. Foresight” School of Thought
8. Overview of Forensic Scheduling
Reactive vs. Proactive Scheduling
Schedule protocols are more stringent than
with proactive scheduling
Methodologies subject to manipulation
Involve judgment calls by the analyst whether
in preparation or in interpretation.
Level of accuracy function of:
Quality of the data
Assumptions and experience of the
analyst
9. What’s the Problem?
No standards of practice on the methods
What they are called
Definition of…
How to perform one correctly
Circumstances for use
Many users not even aware that no standards exit
Subjectivity becomes prevalent
Consultants have their “pet” methodologies
Are not held accountable for accuracy or validity of
implementation
10. What is RP 29R-03?
A free publication of AACEi
Recommended Practice for
performing forensic CPM
schedule analyses
Latest Revision-April 25,
2011
Becoming a known
standard in the industry and
in litigation
11. History of RP 29R-03
RP 29R-03 Originated with AACEi in 2003
Proposal that the Claims and Dispute Resolution
(CDR) Committee write a RP on schedule delay
analysis
The purpose was to establish “reliable principles and
methods.”
Committee was formed on a volunteer basis
– Open to anyone
– 20 co-authors
– More than 100 reviewers
Official Release: June 25, 2007
12. The Purpose of 29R-03
To provide a unifying technical reference for
the forensic application of critical path
method (CPM) scheduling analyses
Goal is to:
Minimize procedural subjectivity
Increase transparency in forensic analyses
To be an advisory document
To be used in conjunction with professional
judgment, experience, and knowledge of the
subject matter.
13. Where is the RP Located?
www.aacei.org/resources
13
18. As-Planned vs. As-Built
Comparison of start/finish dates between two schedule updates
Purely mathematical-Variance between dates
19. 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
20. 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
21. 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
22. Windows Analysis
Definition
– Observational Forward-looking technique
– 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
23. Windows Analysis
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
2 1d
3 Form / Rebar 3d
¬¬
Gain =
4
5 Concrete
4d
3d
+
Ì Ì ¬¬
6 4d Delay =
7
8
Strip Forms 1d
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
24. 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 delays
– Non-excusable delay
26. Impacted As-Planned
Definition
– 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
29. Impacted As-Planned
When Should the Schedule Analysis Method be
Used?
– Indemnification of liquidated damages
– For preliminary negotiations between owner and
contractor
What does the Schedule Analysis Method Best
Prove?
– Requests for Time Extension or LD Waivers
– Acceleration Claims
30. Collapsed As-Built
Definition
– Subtractive model that simulates the effect of
extracting delays from the schedule on the completion
date
– Create a Simulated As-Built Schedule (actual float)
– Find the As-Built Critical Path based on driving
activities
– Remove entire activities or decrease durations, lags
– “But-for” this delay, I would have finished on x date
32. Collapsed As-Built
When Should the Schedule Analysis Method be
Used?
– Need to prove concurrency of delays
– Need to recover Extended Overhead Costs
What does the Schedule Analysis Method Best
Prove?
– Concurrent delays
– Excusable compensable delays
34. 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
37. Critical Path: Longest Path vs. Negative Float
Theory
The Negative Float Theory
– criticality on any activity that has negative total float relative to a
contractual milestone.
– any delays, occasioned by negative total float, occurring during the
same measurement period are potential candidates for concurrency.
The Longest Path Theory
– all paths shorter than the longest path (even those with
negative total float) have positive total float with respect to the
longest path and are therefore not critical
Concurrency analyses should always be consistent
with the contracts’ definition of criticality
38. 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
39. Literal Concurrency
Delays literally happening at the same time
Both delays must be on the critical path
First delay (chronologically) creates float for
subsequent delays – even if only one day apart
Far fewer findings of concurrency than
functional theory
42. Literal Concurrency
Months
3 4 5 6
Foundations
Steel
Delay Structural Steel
Steel delay starts
two days before 30 CDs
Coord. Dwg. delay
Coord. Dwg
Coord. Dwgs. Fab/Delv.
Delay
28 CDs
No longer concurrent? RP: “If the first delay started on day1, and
the second delay started on day 2, they
would not be concurrent”
43. Functional Concurrency
Delays occurring within the same analysis period or window
Sequential delays within a period may be viewed as concurrent
More liberal identification of concurrent delays than Literal theory
If reduce analysis to single day periods, Functional may be same
as Literal
48. Pacing
Pacing is a conscious choice by the
performing party to proceed at a slower
rate of work with the knowledge of the
other contemporaneous delay
Answers the Question:
Why hurry up and wait?
49. Demonstrating Pacing
Requires existence of a parent delay that precedes the paced
activity
Show that the paced activity could have been completed on
time (implies pacing party could reasonably estimate when the
parent delay would end)
Evidence of contemporaneous intent (conscious decision to
pace work)
Notification in writing submitted prior to pacing
51. Choosing a Method: Factors to Consider
1. Contractual Requirements
2. Purpose of Analysis
3. Source Data Availability and Reliability
4. Size of the Dispute
5. Complexity of the Dispute
6. Budget for Forensic Schedule Analysis
7. Time Allowed for Forensic Schedule Analysis
8. Expertise of the Forensic Schedule Analyst
9. Available Resources
10. Resolution Forum and Audience
11. Legal or Procedural Requirements
52. 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
Editor's Notes
Forensic scheduling is a technical field that is associated with, but distinct from, project planning and scheduling. It is not just a subset of planning and scheduling.Protocols that may be sufficient for the purpose of project planning, scheduling and controls may not necessarily be adequate for forensic schedule analysis.All methods are subject to manipulation. They all involve judgment calls by the analyst whether in preparation or in interpretation.