Guild of Project Controls: Compendium | Roles | Assessment | Certifications | Membership

Tips on using this forum..

(1) Explain your problem, don't simply post "This isn't working". What were you doing when you faced the problem? What have you tried to resolve - did you look for a solution using "Search" ? Has it happened just once or several times?

(2) It's also good to get feedback when a solution is found, return to the original post to explain how it was resolved so that more people can also use the results.

Preparing an EOT Claim

10 replies [Last post]
Kaif Mohsin
User offline. Last seen 6 years 32 weeks ago. Offline
Joined: 15 Feb 2011
Posts: 44
Groups: GPC Qatar

Dear All,

I am working for a contracting company which is undertaking a "Warehouse Building Project". There are 2 contractual milestones, Milestone-1 to finish one warehouse by the end of 10 months and Milestone-2 to finish the balance of the warehouses in 12 months. Currently, we are around 2 months down the line and wanted to put forward an EOT claim.

 

need an expert advice on this. My current company 

Replies

Ali Osama
User offline. Last seen 3 years 50 weeks ago. Offline
Joined: 19 Dec 2017
Posts: 39
Groups: None
Mike Testro
User offline. Last seen 1 week 4 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Kaif and Arnold

Oh what a tangled web we weave.

There is more to delay analysis than text books and protocols.

It takes years of experience and practice in the dark art until some degree of competence is earned - even then every case is a new experience.

I am dropping out of this debate now as I have contributed enough.

Best regards

Mike Testro

Kaif Mohsin
User offline. Last seen 6 years 32 weeks ago. Offline
Joined: 15 Feb 2011
Posts: 44
Groups: GPC Qatar

Hi Mike and Arnold,

Thanks for your Expert comments. By the way, in the contracts here in Qatar as well usually nothing is mentioned about the delay analysis method to be used.

Talking about the SCL Protocol, it clearly states that ‘Time Impact Analysis’ is to be followed for an EOT Application during the course of the project under “Guidance Section-3” (3.2.11 to be more specific) as a prospective delay analysis.

Coming back to Mike’s Comment’s regarding TIA:

1)    “It is not suitable for work in progress as there is no As Built comparison for future work.”

·        I think when applying TIA during the course of the project it is applied as a prospective delay analysis method, so there is no need of as built record for the future work. In my humble opinion what is required, is the As Built record up to the point immediately before the occurrence of the delay event. Correct me, if I am wrong?

 

2)    “When you use a Time Impact Analysis you have to impact events on the original baseline so what you call TIA is similar to IAP.”

·        This is how you have demonstrated the application of TIA in your Book on delay analysis as well i.e., after each event impact the effect on the Baseline Programme is compared to the underlying ‘As Built Programme’.  But the method recommended by ‘SCL Protocol’ and even the book by Roger Gibson, is to use the Updated Baseline Programme just prior to the delay event. Then insert the sub-network into it and look for the impact on the project completion date. So, out of the above 2 methodologies for TIA which one is correct or both are correct, kindly throw some light on this as well?

 

So, as of now I agree with Arnold that TIA is a more robust and effective delay analysis method even during the course of the project and an EOT claim based upon it have lesser chances of being turned down than compared to the one based on ‘Impacted as Planned’ method. (This was the main reason I went ahead with TIA in my submission as well)

 

Thanks & Regards,

Kaif Mohsin

Arnold Puy
User offline. Last seen 9 years 8 weeks ago. Offline
Joined: 25 Apr 2007
Posts: 1147

Hi Mike,

In our Contract it was clearly stated that Time Impact Analysis shall be used in determining if a time extension to the contract milestone date(s) is justified.

Impacted As-Planned cannot identify concurrency delay because it only uses the baseline programme. Baseline programme is out of date; we need to consider the actual history of the project of what actually happens? How do you know when was the delaying events occur when you are not going to insert the actual record/factual evidence. In short you need to have the As-Built programme in order to measure the effect of delay on actual performance.

Time Impact Analysis is the insertion of both Contractor's and Employer's delay events, in order to assess the impact of the delay events, the programme must be updated from the time the delay events was occurred.

Impacted As-Planned method operates by adding, or impacting changes onto a baseline programme without updating the current data date.

Best regards,

Arnold

Mike Testro
User offline. Last seen 1 week 4 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Arnold

It is very rare that a delay analysis method is stated in the contract terms. In fact I have never come across it.

The SCL Protocol states that only employer events are used in the Impacted as Planned method but that is in section 4 which deals with forensic analysis.

The SCL protocol is 13 years old and is out of touch with current methodology - you must impact every event to ascertain concurrency.

For delay analysis on work in progress the event must be impacted on the current approved programme - as required in the NEC suite of contracts.

Best regards

Mike Testro

Arnold Puy
User offline. Last seen 9 years 8 weeks ago. Offline
Joined: 25 Apr 2007
Posts: 1147

Hi Kaif,

The application of delay technique is depend on what your contract document dictates, as far as I know, it was clearly mentioned in your contract document on what method of delay analysis that you are going to use. However, if your contract document is silent then, for me, you may utilize the Time Impact or Windows Analysis.

To be honest Impacted As-Planned, only the owner-caused delays are identified. This technique involves the insertion or addition of activities representing delays or changes into the baseline schedule to determine the impact of those delay activities. It does not require actual progressed; it ignores the as-built history of the project. Only the As-Planned programme is required.

While the Time Impact Analysis (TIA) approach consists of the insertion or addition of activities, or fragnets, which represent Employer Delay Events (EDE) and Contractor Delay Events (CDE). It provides detailed and robust retrospective analysis and it is recommended by SCL Protocol. However, it is time consuming and costly when performed forensically and requires both As-Planned and As-Built programme.

In your case, you can utilize Time Impact Analysis but you need to demonstrate that the delay event is attributable to the Employer and the delay must be shown to be critical that pushes or changes the contractual completion date of your project.

Cheers,

Arnold

Mike Testro
User offline. Last seen 1 week 4 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Kaif

Time Impact analysis requires a detailed as built record and a comparison of the impacted events.

I am using UK definitions here.

It is not suitable for work in progress as there is no As Built comparison for future work.

The point of Impacted As Planned is that it is based on the original contract programme before any progress has been added.

If - after two months you are reporting an updated delay on completion you will not know what caused the delay.

If you impact the events on the updated programme the delay events will be absorbed in the inherent delay.

When you use a Time Impact Analysis you have to impact events on the original baseline so what you call TIA is similar to IAP.

Anyway good luck with your submission.

Mike Testro

Kaif Mohsin
User offline. Last seen 6 years 32 weeks ago. Offline
Joined: 15 Feb 2011
Posts: 44
Groups: GPC Qatar

Hello Arnold,

Thanks for your kind suggestion and very good list of what to do.

 

Hello Mike,

Very rightly said, this is really a concise and very good list of the things to do but not ‘how to do’. Yes, I already bought your book last week and went through it quite thoroughly. As well I went through the book, "Construction Delays" by Roger Gibson. But I was in dilemma of what method to use. In your opinion “Impacted as Planned” is the only method to be used but the thing is this method has limited applications because it is not based on the actual progress of the works when the event occurred. Since, this is the 1st time I am putting forward an EOT Claim, so I thought that if I put my claim based on this method it will be flatly rejected. Finally, I decided to go ahead with the “Time Impact Analysis” and submitted my EOT Claim today.

So, now my question is: Can’t we apply, TIA in such a case?

Thanks & Regards,

Kaif Mohsin

Mike Testro
User offline. Last seen 1 week 4 days ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Kaif

Arnold has produced a very good list of what to do - but not how to do it.

It is like a cookery book that gives only a list of ingredients but no method.

To get an understanding of how to prepare an EoT claim then I suggest my ebook - Principles of Delay Analysis - which can be downloaded from www.expertdelayanalysis.com for £25.00.

One thing to remember is that if you are 2 months into a 12 month contract then an Impacted as Planned (UK definition) is the only method to use.

Best regards

Mike Testro

Arnold Puy
User offline. Last seen 9 years 8 weeks ago. Offline
Joined: 25 Apr 2007
Posts: 1147

Hi Kaif,

In order for the preparation of an Extension of Time Claims (EoT) to become successful and valid, you need to have the eight essential requirements.

  1. Relevant Events or Circumstances, you have to identify the events or circumstances that giving rise to the claims.
  2. Determine Liability for the Event, you need to determine who is responsible or liable to the events or delay, whether the employer risk events (ERE) or the contractor risk events (CRE).
  3. Contractual Entitlement, this is the provision of contract. Generally, construction contract contain provision entitling the contractor to an extension of time.
  4. Contractual Compliance, in order to comply with the contractual obligation and the contractor's claims become effective and valid, the contractor shall give notice to the engineer, describing the events or circumstances giving rise to the claim within a specified time frame. This is a significant task where the Contractor sometimes may ignore, without submitting the Notice of Intention to the Claim, the Clients/Clients Representative might reject the EoT Claims.
  5. Causation (Cause and Effect), It requires the Contractor to demonstrate the cause–effect between an event, e.g. one which is an employer’s liability (‘the cause’) and the resulting impact on the contractor’s ability to carry out the project works (‘the effect’).
  6. Determine which Type of Delay Events, after the cause and effect has been determined and identified you may now proceed with the determination of the delay events. In order to demonstrate the effect of the events on the contractor's programme you must know what type of delay analysis or techniques that you are going to perform. Basically, there are many delay techniques that you can perform depending in your circumstances (e.g. As-Planned vs As-Built, Impacted As-Planned, Collapsed As-Built, Windows Analysis, and Time Impact Analysis).
  7. Statement of Claim, this is where the narrative to the delay analysis. Describe what the contractor is claiming for.
  8. Substantiation, how are you going to substantiate your EOT claims. Of course, you have to rely on the factual records or documentary evidence like for instance, the correspondence or reference letters, the submittal and approvals of all materials and shop drawing, daily, weekly and monthly reports, progress photos, meeting minutes so on and so forth.

I hope this will help.

Cheers,

Arnold