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Time Impact Analysis (TIA)

5 replies [Last post]
Albert Balogo
User offline. Last seen 4 years 17 weeks ago. Offline
Joined: 9 Jun 2008
Posts: 44
Dear Colleague,

I am new employee of one consulting Firm and now I am facing the following issues:

One of our contractor has been exedeed to thier contract time. Now they are asking 24 Months extension of time (EOT) and the reason of delay is quit justifiable, but the procedure of performing the time claim is inproper. I required them to submit the time Impact Analysis using the existing primavera program, the problem is; it is not mentioned in the contract. this is the contractor’s main point.

Can we use the TIA procedure or else what are the other opions? What is the basis of TIA? is this standard practice?

Moreover, as Consultant our contract to the client also exedeed. what is the relevant document for extension of contract?

Can you share your openion to me

Thanks

Albert

Replies

Ali Osama
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Joined: 19 Dec 2017
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Rafael Davila
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Joined: 1 Mar 2004
Posts: 4641
Albert:
***For issues regarding Construction Law I would recommend the following link to a book preview, Construction Delay Claims By Barry B. Bramble, Michael T. Callahan, Esq Bramble, Esq Callahan, it point outs the importance on how you present your case and shows a case in which TIA was overuled in favor of the Contractor’s method.
http://books.google.com/books?id=RW58naiM7h4C&pg=PA182&lpg=PA182&dq=Tech...
***For tools available to handle the various methods Ron Winter Consulting might be a good place to look, follow the link:
http://www.ronwinterconsulting.com/published.htm
***I would like to add that maybe you should look for alternative ways to settle the issue. Once I had a similar issue, I was on the Owner’s side, a Government Agency. Many unforeseen events disrupted the job in a manner it was impossible to justify the delay without getting into issues such as productivity lost plus many intermittent delay activities; change directives, design issues, unforeseen environmental issues and the list go on. We presented the case as a Disruption Issue so complicated to present in the CPM Schedule that the best way to solve the issue and go ahead with the job was to mutually agree on a substantial extension of time with the condition that the Contractor waived any right for Extended Overhead Claim for the period in question. Here it is common to say it is better a "bad settlement" than going into litigation with a "good case" on hand.
Rafael Davila
User offline. Last seen 3 hours 14 min ago. Offline
Joined: 1 Mar 2004
Posts: 4641
Albert
Here in Puerto Rico, a USA territory we are bound by Statutory Law (similar but unique for each State and/or Territory) and also by Federal Law (Common for all States and or Territories with a few exceptions). Our Courts and boards hold that contemporaneous schedule updates should be considered in evaluating delay.
I guess that unless otherwise specified, we are bound by any of the two versions of the Contemporaneous version. Nevertheless some agencies in my Territory do specify in their contract conditions to use the Time Impact Analysis; in addition they specify a time limit to present your claim. Therefore you are specifically required to use Time Impact Analysis as the basis of your claims before the project ends.
I would suggest looking for the following reference,
Techniques and Methods for Assessing Delays
Issue 1 spring 2002
cause and effect
news from CPMI on construction claims analysis and resolution
This is a two page article I find very useful to introduce others into this issue. The following is an extract from this reference.
“The Contemporaneous Method hinges on the principle that in order to determine the impact of delaying events, the status of the project must be established at the time those events occurred. In essence, the schedule needs, first, to be updated at the time of the delay and, second, to be updated to incorporate any planning changes to coincide with the contractor’s plan for pursuing the work. The goal of this method is to develop a freeze-frame picture of the project—identifying the delaying event, the impact of the delay, and the plan to complete the remaining work at the time the delay occurred.
Two approaches are commonly used as part of this method: Time Impact Analysis, which looks at a particular point in time and utilizes a series of chronological time slices to evaluate major scheduling variations that occurred during the project, and Window Analysis, which examines the critical path between two points in time and assesses the delay as it occurs.”


Mike Testro
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Joined: 14 Dec 2005
Posts: 4373
Hi Albert

It is very rare for a form of Contract to specify the metod of delay analysis.

The principle difference between an Impacted as Planned and a Time Impact Analysis is whether thw work has has finished or is still in progress.

If it is in progress then an Impacted As planned is the only method available because there is no As Built data for future work.

If the work has finished then a Time Impact analysis is the only acceptable metod.

I repeat an earlier thread that I sent to another PP request on Time Impact analysis from the contractor’s side.

This may help with the level of detail that you will require from your contractor.

The level of detail in the baseline programme is essential - if it is not there then a proper and accurate delay analysis can not be establihed.

By the way Samer - I have always said I am not a planner - I am a Builder who can work the software.

Best regards

Mike Testro

To embark on a Time Impact analysis you need three sets of data.

1. A fully responsive Baseline Programme that is based on sound Bottom Up principles.

it must not have any:

1.1 Start or End Constraints
1.2 Lead lag links
1.3 SS or FF lainks - only FS links.
1.4 No activity more than 10 days duration.

It Must have

1.5 A clear critical path from start to finish
1.6 Every activity to have at leat one downstreamm FS link to another activity - even if it is Project Completion.

If you do not have a baseline that fits these criteria then your analysis will not work.

2. A detailed events schedule that sets out:
2.1 The impact date of the event which includes all lead times - this represents the latest date that the impacted activity can start - or finish.
2.2 A reference to the activity - or activities that is imapcted.

3. A detailed As Built Programme that shows - at least - the earliest start date and the latest finish date for each activity. This is called the As Built Envelope.

Now you are ready to embark on a Time Impact analysis.

You will have to enter the events onto the baseline progemme one at a time starting from the earliest impact date and link it to the imapcted activity - watch for:

1. Does the critical path move?
1.1 If NO then go to the next event and repeat.
1.2 If YES then look to see how the event has moved to the AS Built programme - there will be three possibilities:

1.2.1 The Activity has not reached the As Buit Envelope - in which case something else has caused the delay - more research is necessary becaus ethe implication is that the Contractor has caused the delay.

1.2.2 The Activity fits within the As Built Envelope in whic case reasonable cause and effect has been established.

1.2.3 The activity shoots beyaond the As Built Envelope in which case the the Contractor has done something to mitigate the delay. If you do not know what has been done then you must re-create what a reasonable contractor would have done in the cirumstance - change logic - increase resource or gang sizes etc.

Now repeat the excercise for every event on your schedule taking a note of every cause and effect as you go.

When finished you can start to write up your delay narrative.



Samer Zawaydeh
User offline. Last seen 3 days 45 min ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Dear Albert,

One of the best planner here is Mike. Hopefully he will read your thread and answer all your questions.

My comments are as follows:

1. Read the Conditions of Contract for any requirements regarding he EOT.
2. Since you just joined the Project, you will need to read the previous letters regarding this issue.
3. The Contractor’s claim for EOT should be clear enough and within the Conditions of Contract with full supporting documents.
4. Try to isolate the "Client Delays". Identifying these delays and making sure that they are on the Critical Path, will facilitate the approval process.
5. The First Step is to ask the Contractor to prepare a list with two columns titled; Contractor Delays, and Client Delays.
6. Try to find out how the Project Proceeded during the previous months and the method of monitoring and control. As a minimum, you will have a monthly report/letter issued by the Engineer to the client outlining the status of the project and all variations.

Asking the Client for Time Extention on the Consultant Contract is done through a letter outlining the reasons for delays the estimated duration that the project might need. Please keep in mind that some Contract will require the Contractor to pay for the fees of the Engineer for any EOT.

Hopefully the information above will assist you. If you need any more detailed information, please let us know.

With kind regards,

Samer