Thanks Rafael

would you please tell me why do we impact delay event after updating a schedule just prior to delay event?
why not earlier to updating it

Shahul,

The definition of TIA might vary substantially, the TIA I know is supposed to be best used when you are negotiating EOTs in the prospective, that is as soon as the delay occurs, before the project ends.

Essentially you update the job to the moment prior to the start of the delay events, this will give you a projected finish date for the job, and then you add the delaying events and this will give you a revised projected finis date for the job. The difference between both dates is your EOT. This procedure requires a good CPM being updated and that all prior delaying events were included under prior TIAs, whether delays by Owner, by Contractor or any other such as bad weather as these might open some float already considered under the prior TIAs and applicable EOTs.

When you do not have a reliable CPM the other sophisticated procedures come into play, these shall be analyzed by a forensic expert. I know nothing about the other methods, no need yet.

Best regards,
Rafael

Hi Rafael

The Art of delay analysis (and it is an Art not a Science) is to replicate what actually happened as compared with what was intended.

Success depends on the quality of the information available.

80% of my work is done on spreadsheets and the barchart is used to create a picture of the results.

To get to the point it happens occasionally when a specialist sub-contractor has booked his labour to attend on site in a pre-planned time slot.

When this slot is missed he takes his labour elswhere and a new time slot is booked.

When he returns to his work other trades may be waiting to start.

All of this will be found in the records or from primary source witnesses.

The programme is adjusted accordingly and the picture is drawn.

If I were to rely solely on programme software to demonstrate this delay I would be laughed out of court.

The same as in work in progress - the specialist contractor should be allotted a time slot in the calendar.

I recently worked on a large museum refit where the pumped self levelling screeds needed 2 calendar days for curing.

A programme was set up so that the works could only be done on Friday nights.

If one slot was missed then it was done a week later and available float was used until it turned critical.

All carried out on rubbish software.

I use powerproject to its limits and can achieve and / or replicate every circumstance that I have yet come across.

I do this by using my own judgement rather than relying on an uncontrolled system that I cannot later reliably explain to a Judge.

Best regards

Mike Testro

Hi Rafael

Float is not a measure of delay.

Float has to be used up before a delay can be registered.

Best regards

Mike Testro

Please respond.....
Assume x is programme updated as of 1 feb 09 with project completion as total float -10
y is programmed with delay event impacted on 1 feb 09 programme x with project completion as total float -100

z is the baseline with project completion total float 0

so is that 90 days [100-10] is th number of days claimed for EOT??????

You could have used a fish stair.

Hi,

Lets say that you are building a station on an island in the middle of the Rain Season. This is an actual situation that happened and the actual number of working days per month was 15.

No matter what precautions the Contractor takes, they can’t work in the heavy rains.

With kind regards,

Samer

Mike

"When weather days occur, and are approved as such ..." That was not my words.

I know, is on the specs and it happens I am against this requirement, this was an additional comment on my part, another point of disagreement I have with such spec.

Best regards,
Rafael

Mike

By adding to the duration of an activity affected by weather you are not recreating the effect of a work stoppage. – Agree.

If there are resources attached to the task they would increase by the extended period when they should be in Stand Down mode. – Agree.

Also you will have to adjust every activity that straddles the weather days. – Agree.

A weather calendar recreates what actually happened to every activity affected – Agree.

Most contracts require the contractor to allow for anticipated weather and only award an EoT for exceptional weather – Is a fact.

By placing the anticipated weather where you anticipate it to happen you are creating a realistic programme which will be adjusted as and when the actual weather pattern is experienced. – Agree and don’t agree, I still have some conflicting thought about this.

"When weather days occur, and are approved as such ..." With regard to this requirement I would add that by only allowing you to show approved weather delays prevent you to record and show the impact of other weather delays that might not qualify for EOT but definitively had an impact on the schedule, maybe even on TIAs to be applied in sequential order, this is in abominable error.

This is a sample specs I mostly disagree with, but we have to deal with the contractual requirements. I was hoping precisely for the critical comments of PP members.

Best regards,
Rafael

Hi Rafael

By adding to the duration of an activity affected by weather you are not recreating the effect of a work stoppage.

If there are resources attached to the task they would increase by the extended period when they should be in Stand Down mode.

Also you will have to adjust every activity that straddles the weather days.

A weather calendar recreates what actually happened to every activity affected.

Most contracts require the contractor to allow for anticipated weather and only award an EoT for exceptional weather.

By placing the anticipated weather where you anticipate it to happen you are creating a realistic programme which will be adjusted as and when the actual weather pattern is experienced.

Best regards

Mike Testro

Mike,

I have seen other approaches, the most common to use a visible Weather Allowance or Buffer at the end of the schedule, otherwise you will be artificially delaying some activities when no rain has happened yet, and your schedule might show no work for these days, this is misleading.

The following is a sample specification for these purposes; obviously you must adapt the reduction rules as per your contract terms. Some do provide for a carry over for unused rain days while others do not.


WEATHER CONDITIONS

Seasonal weather conditions shall be considered in the planning and scheduling of work influenced by high or low ambient temperatures or precipitation to ensure the completion of the Work within the Contract Time. No time extensions will be granted for the Contractor’s failure to take into account such weather conditions for the location of the Work and for the period of time in which the Work is to be accomplished. The expected loss of working days specified in the Supplementary Conditions, WEATHER DAYS, shall be included in a separate identifiable critical activity labeled "Weather Days Allowance" to be included at the end of the project schedule.

When weather days occur, and are approved as such by the Construction Manager, the Contractor shall either:
a. Increase the duration of the current critical activity(ies) by the number of weather days experienced, or
b. Add a critical activity to the schedule to reflect the occurrence of the weather day(s).

The duration of the weather day allowance activity shall be reduced as weather days are experienced and included in the schedule. Any remaining weather days in the weather day allowance activity at the completion of the project shall be considered as float and shall not be for the exclusive use or benefit of either the City or Contractor.

Although I believe satisfactory the use of a buffer at the end of the job I still prefer the use of calendars to record all weather delays as they occur no matter if an EOT is applicable or not. For an EOT due to weather you would apply the rules of the contract as a TIA might not accurately represent these rules.

Lawrence,

The above specification is similar to others I have seen in US Federal Government jobs.

Best regards,
Rafael

Hi Shahul,

Yes your model would be acceptable if the impact stopped all the work at site.

Lawrence,
FIDIC conditions of contract is used mostly in this part of the world. The definition of force major is clearly stated. The current standard has been in place for the past 10 years. It will change with the next edition next year. On the other hand, claiming for weather can be done by comparing the national average during a specific period of time over the past many years. It is not an easy claim, but like you said, if storm hits and closes the city for few days, then the contactor can use the public official information as basis for his claim.

With kind regards,

Samer

ok Samer ,
in this case is the following way of modeling delay fragnet is correct

001 Impact of delay event 0 days 1jan09{ES}


002 Excavation 365 days 2jan09 {ES} 1jan10 { EF }
then act id 002 is then linked to its dependent successors

I would like to invitie all to pay attention further more in this thread

I saw a TIA programme from a consultant it showed a delay event start date 18 may08 & finish date 22 April 09 {339 calender days}
impacted on the programme date date 17 may09 {Updated programme)& projected the delays associated with delay event

Is this way of doing is correct ?
Do delay delay event have such a long duration?
Please respond

Dear Shahul,

If you are granted extra days by the authorities, then what we do is to change the completion date to the new date.

With kind regards,

Samer

Any other solution to the below probelm please address it?

Thanks for your support Mr.Rafael

1. Is the delay in payment could be shown in the programme?
2. Delay in unproductive work force & handing over is our fault
3. Delay due to no access could be shown in programme using TIA methood

Shahul

Delay in payments is measured against your billings due date. After your billings if not paid in time you might be entitled to receive some interest accrued from payment due date. You can show an activity for each Billing due date as you issue them and report actual payment in the update actual dates. This to keep a record and a reminder to the Owner payments are being received after due date.

We usually don’t do that unless as per Mike’s response the late payment delays your work and instead of a Claim for late Payment it becomes also a Delay Claim. I never had such an issue, we have many late payments but never had a justifiable Delay Claim as the result of the late payment.

The following links might be of interest to you:

http://www.arabianbusiness.com/549155-suspension-of-works#continueArticle
http://www.alway-associates.co.uk/legal-update/article.asp?id=21
http://www.brewerconsulting.co.uk/cases/CJ0322RR.htm

In the US Statutory Prompt Payment legislation has been adopted only in half of the 50 states and its territories. Federal Contracts are subject to a Prompt Payment Act but in Puerto Rico we have no such legislation.

http://www.blankrome.com/siteFiles/Publications/322F491B339AC38CADE2DD94...

Best regards,
Rafael