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Concurrent Delays in the Schedule

14 replies [Last post]
Dimple Dean
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Hi All,

Just asking on this situation regarding concurrency.
Contractor's Delay from 30 Oct 2016 to 30 April 2017.
Client's Delay from 30 Jun 2016 to 30 Mar 2017.
Is it a concurrent delay?

many thanks!

Replies

Zoltan Palffy
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still no graphic

Bialla Rafiq
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5179
extension_details.jpg.jpg

Zoltan Palffy
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no graphic

Bialla Rafiq
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Thanks Sir for your detailed guidance 

 

I have posted here one example and will appreciate for your further guidance 

Project supposed to be complete in 15 weeks , however completed in 24 weeks. There are 9 weeks total delays. 

Employer delays appear 3 times and taken 4 weeks to complete. 

wysiwyg_imageupload::

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Zoltan Palffy
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this appears to be logical the time extension will be non compensable meamn th econtractor is not entitled to any additional monies.

not only that but the contractor is exposed to liquidated damages of 162 days meaning if there are liquidated damages assoicated with this contract then the owner can asses these monies agasint him.

lets say that the liquidated damages clause was started at $1,000 per day the the exposure to the contractor would be 

162 days  X ($1,000 per day) or $162,000

while the concurrent portinon is important I would be worring about the the 162 days as well.

You do need the concurrent time to calculate the non concurrent time.

one thing to point oit is that some time could be reduced off of the 162 days if  the contract or can provve the case where the 88 days of concurrency pushed the remaining work into a different time frame such as a colder weather season and thing took longer to due or could not be perforemed due to the temperature. 

depending on your geographical locaiton for example if you were scheduled to pave during the month of October and the 88 concurrent delay pushed your work out into December you know you are not permitted tp pave in the winte rmonths due to the freezing teperature which menas that the paving operation would be delays until spring or the month of April. 

It may be possible to recover this time (November, December, Jauary, February and March as well dure to work being pushed into a colder weather season whihc was never originally anticipated.

Bialla Rafiq
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Thanks Mr Zoltan for your response;

If Total delays are 250 days beyond original completion date of Milestone and concurrent delay (due to employer fault ) appeared three times in different timezone during this 250 days. 

First concurrent delays are 17 days 

2nd concurrent delays are 23 days 

3rd concurrent delays are 48 days 

 

Total concurrent delays are 88 days 

 

What is contractor entilted in this senarion. How many days he will get extension i think 88 days from orriginal completion date 

If orginal completion date is 1-Jun-16 , 88 days will be added from this date- this logic is ok. 

 

Regards

Bilal 

Zoltan Palffy
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 Bilal

I am confused if you say that "Contractor delay from 18-Jun-17 to 20-Oct-2017" then thats the contractor delay pla and simple not need to talk about anything else but is you say that the Contractor WAS DELAYED from 18-Jun-17 to 20-Oct-2017 and you did not get access until 1-Oct -2017 that is a differnt story. You also mention access to another area on 15-Aug-2017.

 

There is not way to analyze this without the schedule in hand and knowing the particulars of the project.

Bialla Rafiq
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Sorry Mr Zoltan

I applogise , actually i asked question instead.  

My question was for the below senario , will apprecaite for your guidance 

 

Project Milestone completion date is 18-Jun-17 .

Contractor delay from 18-Jun-17 to 20-Oct-2017 as works not completed by 18-Jun-17.

Employer give him access to one area on 1-Oct-17 and still not completed and forecast completion is 15-Nov-2017.

And one of othe work access was given by employer on 15-Aug-2017 which was completed on 25-Sep-2017. 

Please advise on this senario

Many Thanks

Zoltan Palffy
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no he said

Contractor's Delay from 30 Oct 2016 to 30 April 2017.

Client's Delay from 30 Jun 2016 to 30 Mar 2017

therefore my post is correct

the period from 6/30/2106 to 10/29/2016 would be the clients delay

The period from 10/30/2016 to 3/30/2017 would be the concurrent period 

The period from 3/31/2017 to 4/30/2017 would be the contracotors delay 

wysiwyg_imageupload::wysiwyg_imageupload::

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Bialla Rafiq
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Hi Zoltan 

Project Milestone completion date is 18-Jun-17 .

Contractor delay from 18-Jun-17 to 20-Oct-2017 as works not completed by 18-Jun-17.

Employer give him access to one area on 1-Oct-17 and still not completed and forecast completion is 15-Nov-2017.

And one of othe work access was given by employer on 15-Aug-2017 which was completed on 25-Sep-2017. 

Please advise on this senario

Many Thanks

Zoltan Palffy
User offline. Last seen 4 hours 41 min ago. Offline
Joined: 13 Jul 2009
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the period from 6/30/2106 to 10/29/2016 would be the clients delay

The period from 10/30/2016 to 3/30/2017 would be the concurrent period 

The period from 3/31/2017 to 4/30/2017 would be the contracotors delay 

Graphically it would look like this 

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1capture.jpg

Bialla Rafiq
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Dear Patrick Weaver 

Will apprecaite if you could guide on following senario 

Contractor unable to complete the work as per the Milestone completion and also employer did not allow us to work on some part of the work

Please advise if the Empoyer delay appear after expiry of contract Milestone finsih date and contractor finish those works approximate same time period-  It means the effect of both delays are same- and should be considered as concurrent 

as example contractor completed the works in October and  client give us access to that work just few days before the completion of contractor scope of work and contrator completed the works little later than his scope of works. how to establish the concurrency in that case. 

 

Please guide 

Thanks Bilal

Patrick Weaver
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There is a high degree of concurrency - the specific answer to your question though will depend on the contract and on the law governing the contract - there is very little consistency in how concurrency is managed.  This problem is discussed in: http://www.mosaicprojects.com.au/Resources_Papers_011.html

As an Arbitrator (subject to the above) my view of 'fair' is you get time and costs for the period of client exclusive delay reduced to off-set the period of contractor exclusive delay and time without costs for the period of concurrent delay but this would depend on a very large number of factors. 

Patrick Weaver
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There is a high degree of concurrency - the specific answer to your question though will depend on the contract and on the law governing the contract - there is very little consistency in how concurrency is managed.  This problem is discussed in: http://www.mosaicprojects.com.au/Resources_Papers_011.html

As an Arbitrator (subject to the above) my view of 'fair' is you get time and costs for the period of client exclusive delay reduced to off-set the period of contractor exclusive delay and time without costs for the period of concurrent delay but this would depend on a very large number of factors.