Delay analysis in construction contracts pdf free download

About the Authors ix Preface to the Second Edition xi Preface to the First Edition xiii 1 Introduction 1 1.1 General 1 1.1.1 Purpose of this book 2 1.1.2 Guidance 4 1.1.3 Construction planning and programming 5 1.2 Construction delays 6 1.2.1 Identifying delays 6 1.2.2 Analysing construction delays 7 1.2.3 Delay claim life cycle 9 1.3 Burning issues in delay analysis 10 1.4 Presentation and case
study 11 2 Construction Programmes 13 2.1 Introduction 13 2.1.1 Planning, programming and project controls 13 2.1.2 Elements of a successful project 15 2.2 Planning and programming 16 2.2.1 Project planning 17 2.2.2 Work breakdown structure 18 2.3 CPM programming techniques: the fundamentals 21 2.3.1 Activity durations 22 2.3.2 Activity relationships 24 2.3.3 Event date calculations
28 2.3.4 Forward pass 30 2.3.5 Backward pass 32 2.3.6 Total float 34 2.3.7 Constraints 37 2.4 Baseline validation 38 2.4.1 Joint baseline review 38 2.4.2 Programme approval 38 2.4.3 The project baseline 41 2.5 Other planning techniques 41 2.5.1 PERT – Project Evaluation and Review Technique 41 2.5.2 Gantt charts (bar charts) 43 2.5.3 Line of balance 45 2.5.4 Critical chain method/theory of
constraints 47 2.6 Why use CPM planning or scheduling techniques? 49 2.6.1 Project management 49 2.6.2 As-planned programmes 50 2.7 Project controls and the project control cycle 51 2.7.1 Progress monitoring 52 2.7.2 Process and analyse information – Earned Value Method 54 2.7.3 The cost and schedule performance curves 56 2.7.4 Time control 58 2.7.5 Programme updates 582.8
Records, records, records… 64 2.8.1 Electronic records: management and storage 66 2.8.2 Electronic records in practice 67 2.8.3 Document controls 68 2.9 Predatory programming practices 71 2.10 Guidance 72 3 Identification of Construction Delays 73 3.1 Establishing a basis for identifying delay 73 3.1.1 General requirements 74 3.1.2 Validation of an as-planned programme 75 3.2 Factual
evidence and as-built programmes 77 3.2.1 As-built programme preparation 78 3.2.2 Summary 86 3.3 Identification of delay events 86 3.3.1 Delay identification 87 3.3.2 Recording delays 89 3.4 Identification and analysis of disruption 92 3.4.1 Disruption and delay 92 3.4.2 Calculating disruption 94 3.4.3 Establishing cause 95 3.4.4 Total cost claims/global claims 97 3.4.5 Measured mile 99 3.4.6
Graphical presentation 103 3.4.7 Summary 109 4 Analysis of Construction Delays 111 4.1 Introduction 111 4.1.1 The use of CPM techniques 111 4.1.2 Project planning software 113 4.1.3 Identifying delays: cause or effect? 115 4.2 Selection criteria and guidance 117 4.2.1 The SCL Delay and Disruption Protocol 118 4.2.2 The core statements of principle 120 4.2.3 AACEI Recommended Practice
No. 29R-03: Forensic Schedule Analysis 124 4.2.4 Which technique to use under given circumstances 131 4.3 Summary 132 5 Delay Analysis Techniques 135 5.1 Introduction to delay analysis techniques 135 5.1.1 Additive methods of delay analysis 137 5.1.2 Impacted as-planned 137 5.1.3 Time impact analysis 142 5.1.4 Collapsed as-built 151 5.1.5 As-built based methods of analysis 159 5.1.6
Total time assessments (observational/static/gross) 162 5.1.7 As-planned versus as-built windows analysis 169 5.1.8 Contemporaneous windows analysis 172 5.1.9 Month-to-month update analysis 175 5.2 Summary 180 6 Problematic Issues 183 6.1 Introduction 183 6.2 Float and delay claims 183 6.2.1 General definitions: what is ‘float’? 183 6.2.2 How float is used 184 6.2.3 Float loss and the
impact 187 6.2.4 Measurement of float loss 188 6.2.5 Who owns the float? 190 6.3 Concurrency 194 6.3.1 Definitions 195 6.3.2 Delay analysis and Concurrency 196 6.3.3 SCL Delay and Disruption Protocol 205 6.3.4 Delay scenarios 205 6.3.5 Common questions 208 6.3.6 Experience and common sense 209 6.3.7 The concept of pacing 210 6.4 Programme approvals and onerous specifications 211
6.4.1 Programme requirements, format and compliance 211 6.4.2 Approval or acceptance of construction programme 217 6.5 Acceleration and mitigation 218 6.5.1 Mitigation 218 6.5.2 Acceleration 219 6.5.3 Contractors’ right to early completion 221 7 Effective Presentation of Delay Analysis 223 7.1 Introduction 223 7.2 Case study: airport terminal expansion 223 7.2.1 Initial analysis by party-
appointed planning experts 224 7.2.2 Using time impact analysis for prolongation 227 7.2.3 Tribunal planning expert’s contemporaneous approach 228 7.2.4 Runway Extension: are delays to the runway extension relevant? 230 7.2.5 Terminal Building: are delays to the terminal building relevant? 231 7.3 Float mapping: approach and methodology 231 7.3.1 Extracting float values 233 7.3.2
Creating a float map 233 7.3.3 Identify driving activities 236 7.3.4 As-built critical path 237 7.4 Demonstrating acceleration 246 7.5 Presentation skills: demonstrative evidence 248 7.5.1 Demonstration 250 7.5.2 Reconstruction 251 7.5.3 Weather 252 7.5.4 Summary 252 Appendix 255 Glossary 259 Table of Cases 267 Index 271 The resource you have requested cannot be found. We're sorry :-(
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By using our site, you agree to our collection of information through the use of cookies. To learn more, view our Privacy Policy. Want more? Advanced embedding details, examples, and help! Construction output1 in the United Kingdom represents approximately 7% of the UK Gross Domestic Product (GDP2). In the United States, the proportion for construction output, including manufacturing
and mining, constituted 17% of the GDP output3 for 2013 with construction output alone valued at around $900 billion.4 Construction is a unique industry due to it being a fast-moving, complex and dynamic process which depends on the successful coordination of multiple discrete business entities – including professionals, tradesmen, manufacturers, trade unions, investors, local authorities,
specialist trade contractors and so on to ensure the delivery of a project on time, within budget and of the required quality. This coordination is dependent on the application of sound planning, programming and project controls, allied to the implementation of tried and tested management techniques. Much of this work is carried out using increasingly sophisticated computer applications that are
continually advancing by offering more and more capabilities to the end user. A survey5 carried out among UK contractors in the mid-1990s found that 49% of contractors did not use computers on construction site locations. Now, not only are computers commonplace in one form or another, but also the use of specialist planning software is common as is computer-aided delay analysis. Risk is an
inherent feature of construction, and it is well known that ‘no construction project is risk free.
Risk can be managed, minimised, shared, transferred or accepted. It cannot be ignored6’. If it is accepted that risk is inherent in construction, then it must also be accepted that the likelihood of delays is also inherent in the process and should therefore be anticipated, managed and treated in a similar fashion as risk.
When delays are experienced, this is not necessarily an indication that the process or management team is breaking down. Delays are often simply the result of an event which must be managed by a systematic process so as to anticipate the impact of that event on the programme and to minimise the risk of further delay. Systematic management of delay during the course of a project also
ensures that the cause of that delay is identified, and documented, at the earliest opportunity. When there is a requirement to identify the cause and effect of delay to establish entitlement to additional time or money, the results of any relevant analysis should be capable of being presented in a clear and unambiguous way. The most significant unanticipated cost in most construction projects is
the financial impact associated with delay and disruption to the works. Assessing the impact of delay and disruption and establishing a direct causal link from a delay event (‘cause’) to its impact (‘effect’), the liability and resulting damages, can be difficult and complex. Contractors and subcontractors require these skills for successful evaluation and presentation of time delay claims. The
employer's professional team also requires similar skills and techniques when analysing and evaluating extension of time entitlements under a construction contract. Where these delay issues are not resolved by the contract administrator and contractor in the normal commercial way, then such issues are often left to be decided by third parties in arbitration or adjudication, before dispute review
boards or, ultimately, in litigation.

All these steps within the dispute resolution hierarchy have different timetables and expectations regarding the evidence required to demonstrate cause and effect. In selecting the most appropriate technique to suit the project and to ensure proportionality is maintained, the following factors must be considered: the relevant facts, the timetable, the nature and number of delay events and the size
of the potential dispute. The purpose of this book is to provide a practical guide to the process of delay analysis for programmers and delay analysts and to inform non-programmers of the nuances of delay analysis techniques available. The book also considers the assumptions which underlie the precise calculations of a quantitative delay analysis, in order to ‘level the playing field’ for non-
programmers and experts alike. This entails an in-depth review of the primary methods of delay analysis in use today, along with some familiar secondary methods. The timing and purpose of delay analysis is also discussed, together with a review of the fundamentals of critical path method (CPM) programming. The ‘project control cycle’ is also described in detail. Contemporaneous programming
evidence, whether flawed or not, will usually be preferred to retrospectively created programme data, so the emphasis should be on establishing and maintaining an accurate and effective CPM programme throughout the performance of the works. This book is intended for project and construction management practitioners, contract and legal advisors and programming consultants alike, who
not only seek an understanding of the principles, techniques and methodologies involved in the process of delay analysis but also want to understandw the techniques and underlying processes in some detail. Such individuals include those employed by project owners (employers), contractors/subcontractors, legal experts and consultants who often find the need to manage extension of time or
delay claims. The techniques discussed in the book can be used on projects under all forms of construction contract, both domestic and international. Disputes involving delay entitlement and quantification, and which have to be resolved by the intervention of a third party trier of fact, are a frequent occurrence in the construction industry. Over the years, judicial decisions on several key aspects
of delay dispute have been handed down by the courts, which have assisted, to some extent, in shaping the way in which delay analysis is undertaken in certain aspects. However, while the implications of these decisions clearly have a great bearing on the work of a delay analyst, it must be remembered that most, if not all, decisions regarding delay analysis are made not necessarily on the
method of analysis, but rather on the underlying facts presented and relied upon. The courts are only presented with delay issues after the event, and therefore decisions handed down mainly provide guidance on retrospective delay analysis techniques which demand, and rely upon, a high level of accuracy and detail with regard to the as-built programme. Notwithstanding the influence of the
courts on the process of developing claims for delay and disruption, in order to accord with the ethos of this book, and the actual circumstances and facts many construction professionals find themselves managing, the authors have restricted the use of case law references to a minimum; for instance, where a principle has clearly been established and is commonly referred to in delay claims.
Where cases have been referred to, this has not only been restricted to English case law but also includes a small number of significant US cases which are relevant to topics addressed. The US courts have accepted the concept of CPM programming and computer-generated delay analysis submissions since the early 1970s. The English courts appear to lean in the direction of ‘common sense’,
whereby the method of analysis is secondary, whether CPM programming techniques were relied upon or not. It is important that a delay analyst should not become blinkered or be constrained by past judicial decisions in devising and applying delay analysis techniques prospectively in a live project environment. If a delay analyst adopts an unorthodox approach which is acceptable by both
parties and resolves a time entitlement claim, then that is to be commended.

In the same vein, it is important not to get too hung up on ‘named’ approaches; this is largely another spin-off from judicial involvement in the development of delay analysis. Such named approaches include ‘time impact analyses’, ‘as-planned versus as-built’ and ‘collapsed as-built’ (CAB). These names really only start to have any significance when used as expert evidence to provide a general
indication of the approach being adopted by the delay analyst. Even so, there has been little guidance, until recently, as to how each method should be carried out. The primary named methods are often misused in court proceedings, arbitrations and adjudications.

Court decisions and arbitral awards sometimes indicate either a lack of willingness to come to grips with the issues and terminology or a difficulty in fully grasping the intricacies of sophisticated delay analyses. This is entirely understandable as judges are not usually presented with easy issues.

The complexity of even the simplest of construction processes often proves to be extremely difficult to convey. Also courts, along with parties' legal advisers, are not always assisted by delay analysts who misdescribe or misapply these techniques and opposing experts who do not take one another's approach ‘head on’. When two opposing party appointed experts refuse to engage the other's
method of analysis, this leaves a void where agreed programming evidence should be. These cases often conclude by the tribunal making an assessment based on the facts. In summary, it is somewhat arbitrary to ‘badge’ and thereby restrict a piece of analysis, and while reference is made in this book to the primary delay analysis approaches, the authors urge caution in becoming too prescriptive
because even these primary methods have secondary derivatives and many variations as to how they can be carried out. Also, for this reason, the authors have restricted the use of case law references to a minimum, to allow the site-based practitioner to make informed judgement calls when developing a delay claim rather than simply discounting one method of delay analysis over another, based
on his or her understanding of the latest judicial decision mentioning a method of delay analysis being applied by either party. This book discusses delay analysis techniques and approaches, with their appropriateness under given circumstances, and demonstrates how a combined, or hybrid, approach can be applied, complete with worked examples and case studies. Delay analysis is becoming an
increasingly complex activity and there is continual debate and commentary on the primary approaches available. This book brings together the main techniques available in comprehensive primary and secondary categories. The particular techniques described in this book have been successfully tried and tested by the authors in both the commercial environment and in dispute resolution
proceedings: adjudication, arbitration, dispute review boards and litigation. This book will serve as a resource guide for those practitioners, advisors, clients or contractors preparing or responding to construction delay... Engineering and Construction Contract Management Certificate Program (ECCM Workshops 1, 2, 3, 4, 5, 6) Certified Program 458 10 ‫ﻴﺎ‬October
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