i will be thankfull for all of you if u will provide me to my email a sample format about Extension of time claims. I’ll be thankful if you include window analysis, cause and effect, concurrent delays, and ways to mitigate delays while doing the claims.
It seems that you client needs to complete their project. And might have a bit of a financial shortage at this stage.
You will need to document the status and send then notification of all your claims; time and money. Kindly outline the updated claim status in your monthly report as well.
Glad to be of help - go for the rest of the time now you have them on the run.
If you are going for a loss and expense claim on late payment you may be weakening your position on termination because you will be seen to be negotiating for payment that may be outside the contract
If you do go ahead then two cost headings are:
Finance cost on negative cash flow.
Exchange rate differential on currency conversion.
Ken Sadler can give you better advice if he picks up this thread.
Best regards
Mike Testro
Member for
16 years 9 months
Member for16 years9 months
Submitted by Francis Aborot on Thu, 2009-03-26 16:10
Im very sorry Im too busy...U knw wat?...They approve the claim...But not 6 months...3 months only...By the way, there is a late payment issue also, we issue notification to terminate the contract if they will not pay...Now they give us 3 months EOT instead of paying the monthly bill....Now, im preparing for another program extending up to 3 months...But we are planning to make another claim again for the late payment...
Thanx for your extraordinary help...Ur one among the few great adviser this day...
Firts thing - get some legal advice on the unlimited resources point.
Then put in the resource links - between level and blocks - before you run the analysis - this will bring the argument on "unlimited" resources to the top of the agenda - you will have your case ready.
In the UK we would have a mini adjudication on this point before submitting the analysis.
Now you have to demonstrate cause and effect.
The causes are the events where you have been delayed.
List these in an excell schedule in date order for each block showing the following feilds.
1. Track Number
2. Doc Ref
3. Doc Date
4. Brief description
5. Procurement / mobilisation period - calendar days
6. Impact Date = 3 + 5
7. Affected block - (copy data for all six in sepatate line)
Sort this into date order on Impact Date.
You now have a series of Event Bars which will be a duration of days between 3 & 6.
Put in a bright red bar showing the first event in the first block and link it to the first activity and reschedule.
You now have the Effect arising from the Cause.
Make a note of the result and move on to the next one.
Keep in mind that the impact of the first event will change the critical path so that the next event will have a different impact.
Continue through until all events are impacted.
Now write up a simple narrative on each block listing the cause and effect of each event - this would be something like:
Event Nr xxx was impacted onto activity yyy in block ?.
The cause was the period of AA calendar days between dd-mmm-yy and dd-mmm-yy.
The Effect was a delay of BB calendar days from dd-mmm-yy and dd-mmm-yy on Block ? and CC calendar days from dd-mmm-yy and dd-mmm-yy on the project.
The following chart shows the cause and effect in summary format.
You will need an introduction section describing the analysis method that has been used and how it has been applied.
Since you are not impacting any contractor events you do not need to consider concurrency at this stage.
Since this is a simple Impacted As Planned you do not need to compare with any As Built data.
These two may have to be brought in later as the dispute drags on.
BUT I say again - you have to win the Unlimited Resource argument.
Just go ahead and put the links in and when challenged just tell the man he is wrong and start the argument.
Best regards
Mike Testro
I like to present a summary snapshot of the programme in the text for each event - I do this by "Print Screen" - "Paste" into the word document - A landscape page format helps.
Member for
17 years 3 months
Member for17 years3 months
Submitted by Samer Zawaydeh on Mon, 2009-03-16 03:35
The selection of the presentation of your work is up to you. You will determine that depending on your audiance.
The basics are the same:
1. Stating the facts.
This is all found in documentation.
2. Analysis of the effect of the events.
Here you still have a problem.
You need to concentrate on the events caused by the client. These are facts that will provide you with good head start towards getting a time extension.
3. Showing the results to your clients.
Put it in a Form that they can understand. You need to select that depending on your interaction with them. Make sure that you should that you did all you can to improve the results as well.
Make sure that you spend enough time at site to collect all the information available about each event.
If the event of the CPB is the main on, then concentrate on it and make sure that you have all the data. Check the results by introducing its effect to the approved program of works and analyze the result.
The project is a repetative type, the is an angle that you need to concentrate on as well. Usually your learning curve from completing the 1st building will reduce the time to complete the remaining buildings. The client will ask you for this time.
Please remember that all this can be minimized by getting an approval from the client if they approve the event and its effect.
With kind regards,
Samer
Member for
16 years 9 months
Member for16 years9 months
Submitted by Francis Aborot on Sun, 2009-03-15 21:19
The format that I have done was consolidated from the resources in the internet recently, planning planet-discussing w/ you of course, in our meeting in the construction site, collaboration with the senior planning engineer and so on...The concept is there but Im afraid if it will work because of the problem of resource leveling and the large float issue that I have...Like the six blocks that we discussed before, which is not link between floors. The issue of cement board is critical, they delayed us on this but the effect will be absorved by the five floors which come first, eating the large floats and leaving no or less delay in the critical path...If I will check for example the resources, maybe before the application of the delay in the window analysis, it is large enough that I cannot be able to defend the additional resource requirements that will be incurred in the program.
Thanks and more power,
Francis
Member for
20 years 4 months
Member for20 years4 months
Submitted by Charleston-Jos… on Sun, 2009-03-15 20:18
I do not know where you got this format from but it is overly complex for what is really a simple delay analysis.
The Windows or Time slice method is not in current use these days because it does not reflect the overall cause and effect and it does not show concurrency.
You seem to have been reading a lot of text books - theory is fine but practice makes perfect.
You need to get your resource levelling problem sorted out fisrt in the contract before going any further.
I have asked Andrew Flowerdew to have a look at your situation and if he does we can build up a strategy from there.
Best regards
Mike Testro
Member for
16 years 9 months
Member for16 years9 months
Submitted by Francis Aborot on Sun, 2009-03-15 17:08
After hearing your ideas and your patient explanation, I have come up with an idea and I made some pointers in my preparation for an EOT claim... Below is the table of contents which I think will help in my claim... I hope if you still have some time, take a look at it and if possible again if you are not tired of it make some corrections, suggestions for the improvement of my claim or further fine tuning the below mentioned list....
Excusable Delay + Compensation = For the owners delay
Excusable Delay w/o Compensation = Cannot be controlled by either contractor or Owner like Force Majeure
Inexcusable Delay + Compensation = For Indirect delay but have an effect in resource distribution
**Im still thinking if I can analyze the delay by applying multiple baselines... Aside from the approve baseline, I will give them example of series of baselines with re-sequence activities... Although not approved, the purpose is to validate the delay by monitoring the fluctuations in delays comparing different baselines and plotting in the graph the consistency of this effect.
Most forms of contract set down the contractors obligations using words such as in ICE 6 8 91) (b)
provide all labour materials Contractors Equipment Temporary Works transport to and from the Site and everything whether of a temporary or permanent nature required in and for such construction and completion so far as the necessity for providing the same is specified in or reasonably to be inferred from the Contract.
If there is another clause that says unlimited labour resources are to be deployed then there are contradictory terms because the main contract clause would probably have precedence over the sub clause.
If there is no stated order of precedence then the rule of contra proferentum would probably apply.
Spend a bit on a good local lawyer and it will solve a lot of problems and get you off the hook.
Can you please let us know how big is your program?
If you have a black box approved with notes, did it work properly by following your progress of work at site during the first few months and until now. If it did not then I would suggest that you get another program approved by the Engineer at this time without resouce leveling it. Unfortunately, you can not predict how the resource leveling worked.
The safest way on the long run is to start maintaining an "As built" Program of the completed and ongoing works at site.
The problem with the approve program can be solved by requesting the Engineer to approve a new Program of Works that has resources but without using the "Resource Leveling" option. You need to get the control of your program back to you.
Best Regards,
Samer
Member for
16 years 9 months
Member for16 years9 months
Submitted by Francis Aborot on Sat, 2009-03-14 15:08
I already followed your advise.. I consulted you and Mr. Samer because I believe you are the experts here in planning planet...
To Mr. Mike and Mr. Samer,
I did what you have advise before not exactly but somewhere similar.. I have chosen window analysis to better explain the delay... Thats why I have discussed also the issue of phantom float in my desire to solve my problem...
My problem, the approved program is resource leveled, and I deleted the links of similar work packages in each floor in my desire again to follow the comments of the engineer for us to have an approve program, because my Project Manager is also pressuring me to accelerate the preparation of the proper program.... The point is, in my schedule of course the large float is there... 6 building project is not realistic in a traditional critical path method (CPM), I dont knw if you will agree that it is more realistic that the driving factor here is resource meaning Resource-Constrained Critical Path Method is more valid to argue with....
But in the contract, it states we have to use unlimited resources....
Thnx and more power,
Francis
Member for
16 years 9 months
Member for16 years9 months
Submitted by Francis Aborot on Sat, 2009-03-14 15:06
I already followed your advise.. I consulted you and Mr. Samer because I believe you are the experts here in planning planet...
To Mr. Mike and Mr. Samer,
I did what you have advise before not exactly but somewhere similar.. I have chosen window analysis to better explain the delay... Thats why I have discussed also the issue of phantom float in my desire to solve my problem...
My problem, the approved program is resource leveled, and I deleted the links of similar work packages in each floor in my desire again to follow the comments of the engineer for us to have an approve program, because my Project Manager is also pressuring me to accelerate the preparation of the proper program.... The point is, in my schedule of course the large float is there... 6 building project is not realistic in a traditional critical path method (CPM), I dont knw if you will agree that it is more realistic that the driving factor here is resource meaning Resource-Constrained Critical Path Method is more valid to argue with....
But in the contract, it states we have to use unlimited resources....
Thnx and more power,
Francis
Member for
17 years 3 months
Member for17 years3 months
Submitted by Samer Zawaydeh on Sat, 2009-03-14 14:44
We will 1st review the approved program and check the location of each activity in the program. You will need to determine if it is a Critical Activity or not, and how much float you have. Taking into consideration to review the comments and determine their relation to your event.
1. The use of cement board in replacement of plaster because of the discrepancies in the site which requires double block work in some areas , and later go back to the original finishes.
This is not too clear to me. You will need to determine when you submitted the material submittal for the block works (original requirement) and when you had the shop drawings approved by the Engineer. Subsequently you will need to determine when you have the material at site.
Please identify the first letter sent to the Engineer informing them with the Possible Delay Event. OR the instructions of the Engineer to change the construction method. Then determine the time that took you to complete the same activity with the new method of construction.
Copy you program of work and replace the original activity with the new activity and duration. Reschedule and determine the delay that occured.
2. The use of liquid waterproofing in wet areas- delay in approval...
This seems like a standard practice. Why was it a cause of delay. Did you change the type of waterproofing. Do the same analysis as described above.
3. Late approval of Fire Fighting and Fire Alarm by the authorities...
This is a design issue. The Designer should have provided the "Issued For Construction" drawings at the start of the project. It is the Engineers responsiblity to alert the Contractor with the issue. Unless you mean that you had an approval of the Design Drawings and that you (the Contractor) was late is securing the approval of the authorities of the Shop Drawings (As Built) and all the used material in both systems.
4. False ceiling access problem- meaning design problem.
Coordination of the reflected false ceiling is a problem in most projects. If the Contractor has a good Engineering site office staff who are coordinating their works and the shop drawings are reviewed by expert engineers, then the problems are reduced to a minimum. In most cases, the design of the duct is done during the shop drawings preparation, and that is when the problems start to arise. Few problem fall through the cracks and end up with in situ problem solving requirements. But from the description of the project, it seems that this is a minor problem. Flats do not usually have complicated false ceiling.
5. External painting approval-delay.
If the original painting system was not changed, then the Contractor should have submitted three qualified suppliers from the start of the project. You will need to check your specification to determine the duration of the material submittal review period. In most cases, you will need to provide the submittal before 28 days. If the review process took a long time because of the selection of colors and textures, then you will need to review carefully all the documentation that you have.
If the painting system was changed during the project, then you will need to locate the 1st instruction of the Engineer of Change Request.
External Painting is done at the very last stages of the project, basically because you want to hand over the building in bright new colors. This might be a weak cause of delay, because the Contractor have enough time to complete it. Unless the Designer really caused the delay.
6. Late nomination of joinery subcontractor.
It seems that your client was responsible for providing the necessary joinery. All activities that are related to joinery, especial internal paint need to be identified. You will need to show that you had enough time for the joinery activity (by others) shown in your original program and subsequently run a separate trial run to show the effect of the late nomination of joinery subcontractor.
After having identified all separate consequences of delay because of the above events you will need to add them one by one depending on their sequence.
You also will need to identify all the deleted items from your scope of work. This might reduce the time required to complete the works.
Review all the paperworks that you have and prepare an excel sheet with the items for/ against you. Remember, the other party will do a similar analysis to show that your delays are the cause of the project delays.
Good luck and please let us know if you need more assistance.
The project consists of 6 building apartment, with 6-storey each-- around 246 loft type apartments + basement parkings, with 4 substations, external works like gym,guard house, childrens play area, pergola, 2 swimming pool, landscaping, retaining wall around 2 km of 3 m in height...
1. Thnx for the concern. Yes, we have the approved program but with the status B- Approved with comments. Since long way back..
2. Yes we submitted notice of delay.
3. We have correspondence letter and evidence for the delay.
4. Yes, we have supporting document also.
5. Actually, Im asking for 6 months.
6. Let say, start of finishing activities like plastering and painting base coats. Block work is around 70% progress.
The delay is mainly due to
1. The use of cement board in replacement of plaster because of the discrepancies in the site which requires double block work in some areas , and later go back to the original finishes.
2. The use of liquid waterproofing in wet areas- delay in approval...
3. Late approval of Fire Fighting and Fire Alarm by the authorities...
4. False ceiling access problem- meaning design problem.
5. External painting approval-delay.
6. Late nomination of joinery subcontractor.
Thnx and more power,
Francis
Member for
17 years 3 months
Member for17 years3 months
Submitted by Samer Zawaydeh on Sat, 2009-03-14 13:38
Why you resent??? Im using logic to arrive with that conclusion. and critical thinking, logic which is a hallmark of great claim analysis / leader
If you believe that you belong to expert, then, show your stuff. At the end of the day, the three gentlemen may become four.
Plain and simple
As a universal saying "Give to Cesar what is due to Cesar".
The other way around is to bribe someone to acknowledge you to include in the category of expert.
Im in this planet for too long to know who are brilliant, who know what they are doing, who care to share their expertise...
and threatening will not solve anything in PP. It is the honest exchange of ideas that make this planet bring out the best of Planning, scheduling and Forensic Scheduling Analysis. It also develop critical thinking, a hallmark of great leaders
Cheers,
Happy Planning and Scheduling
Member for
20 years 5 months
Member for20 years5 months
Submitted by David Wallace on Sat, 2009-03-14 03:06
Basically, extension of time claims is a very easy work to do. there is just an aura of complication, a hesistancy to do advance skills on the way extension of time claims because of ignorance.
If you got brains (not the size of a peanut) and high IQ, above average reading comprehension of the English Language in written form, very sharp in logic (the art of correct reasoning), then, the extension of time claim should not be a problem
Also research a lot in PP. So as not to waste time, filter the post done by Mr. Andrew, Mr. Stuart and Mr. Mike. The other posts are just pretenders of being expert in forensic claim analysis, waste of time. Picture what this three gentlemen are trying to say, reach out to there brains, take notes and you can prepare a template.
the planning portion of forensic Schedule Analysis is very simple. Some methodology is complicated while others are easy, simple but also a big chance of rejection.
the hardest part is investigation and research of project documents, data, and witness interviews.
And of course the final product, the correlation of facts, the result of investigations, analysis and conclusion.
But in your case, if you do not know, do not have the experience, you have to tell your boss honestly. Otherwise, you will end up a losser, you do planning, scheduling and forensic schedule analysis. In addition claims for extension of time.
My goodness, you are superman. a hallmark of what????
Cheers,
Happy Planning and Scheduling
Member for
20 years 5 months
Member for20 years5 months
Submitted by David Wallace on Sat, 2009-03-14 01:43
Mike has a very valid point, hes not out to win work from you, hes putting to you that if you dont know how to do the analysis, dont try to use a template to do it.
Dont forget the ramifications of your analysis, it should fit with the rest of the EOT Claim/Interim Claim, if your analysis is included AND your claim goes to any form of scrutiny, your erroneous analysis may kill the claim.
My friend, thats what will happen to your job if your company suffers.
If you want to learn how to perform Delay Analysis, find a tutor, if your Project Managemetn is very professional in nature, then some-one will have the skill and experience in Delay Analysis to give you guidance. The Template is only part of it.
Davie.
Member for
16 years 9 months
Member for16 years9 months
Submitted by Francis Aborot on Thu, 2009-03-12 18:09
I have searched the net for this subject. I found good points but Im not satisfied at all.. Our Project Management is very professional in nature.. I need a template from experienced planners so that I can develop my own pattern to somebodys work if I find it okey.
Thanx and more power,
Francis
Member for
17 years 3 months
Member for17 years3 months
Submitted by Samer Zawaydeh on Thu, 2009-03-12 17:54
Can anyboby share their format for time extension if any to a poor planner like me?... I just want to develop myself faster so I can share with others tomorrow...
Member for
14 years 1 monthDaer all i will be
Member for
17 years 3 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Dear Francis,
It seems that you client needs to complete their project. And might have a bit of a financial shortage at this stage.
You will need to document the status and send then notification of all your claims; time and money. Kindly outline the updated claim status in your monthly report as well.
Best Regards,
Samer
Member for
19 years 10 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Francis
Glad to be of help - go for the rest of the time now you have them on the run.
If you are going for a loss and expense claim on late payment you may be weakening your position on termination because you will be seen to be negotiating for payment that may be outside the contract
If you do go ahead then two cost headings are:
Finance cost on negative cash flow.
Exchange rate differential on currency conversion.
Ken Sadler can give you better advice if he picks up this thread.
Best regards
Mike Testro
Member for
16 years 9 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Mike,
Im very sorry Im too busy...U knw wat?...They approve the claim...But not 6 months...3 months only...By the way, there is a late payment issue also, we issue notification to terminate the contract if they will not pay...Now they give us 3 months EOT instead of paying the monthly bill....Now, im preparing for another program extending up to 3 months...But we are planning to make another claim again for the late payment...
Thanx for your extraordinary help...Ur one among the few great adviser this day...
Thank you so much and more power,
Francis
Member for
19 years 10 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Francis
Firts thing - get some legal advice on the unlimited resources point.
Then put in the resource links - between level and blocks - before you run the analysis - this will bring the argument on "unlimited" resources to the top of the agenda - you will have your case ready.
In the UK we would have a mini adjudication on this point before submitting the analysis.
Now you have to demonstrate cause and effect.
The causes are the events where you have been delayed.
List these in an excell schedule in date order for each block showing the following feilds.
1. Track Number
2. Doc Ref
3. Doc Date
4. Brief description
5. Procurement / mobilisation period - calendar days
6. Impact Date = 3 + 5
7. Affected block - (copy data for all six in sepatate line)
Sort this into date order on Impact Date.
You now have a series of Event Bars which will be a duration of days between 3 & 6.
Put in a bright red bar showing the first event in the first block and link it to the first activity and reschedule.
You now have the Effect arising from the Cause.
Make a note of the result and move on to the next one.
Keep in mind that the impact of the first event will change the critical path so that the next event will have a different impact.
Continue through until all events are impacted.
Now write up a simple narrative on each block listing the cause and effect of each event - this would be something like:
Event Nr xxx was impacted onto activity yyy in block ?.
The cause was the period of AA calendar days between dd-mmm-yy and dd-mmm-yy.
The Effect was a delay of BB calendar days from dd-mmm-yy and dd-mmm-yy on Block ? and CC calendar days from dd-mmm-yy and dd-mmm-yy on the project.
The following chart shows the cause and effect in summary format.
You will need an introduction section describing the analysis method that has been used and how it has been applied.
Since you are not impacting any contractor events you do not need to consider concurrency at this stage.
Since this is a simple Impacted As Planned you do not need to compare with any As Built data.
These two may have to be brought in later as the dispute drags on.
BUT I say again - you have to win the Unlimited Resource argument.
Just go ahead and put the links in and when challenged just tell the man he is wrong and start the argument.
Best regards
Mike Testro
I like to present a summary snapshot of the programme in the text for each event - I do this by "Print Screen" - "Paste" into the word document - A landscape page format helps.
Member for
17 years 3 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Dear Francis,
The selection of the presentation of your work is up to you. You will determine that depending on your audiance.
The basics are the same:
1. Stating the facts.
This is all found in documentation.
2. Analysis of the effect of the events.
Here you still have a problem.
You need to concentrate on the events caused by the client. These are facts that will provide you with good head start towards getting a time extension.
3. Showing the results to your clients.
Put it in a Form that they can understand. You need to select that depending on your interaction with them. Make sure that you should that you did all you can to improve the results as well.
Make sure that you spend enough time at site to collect all the information available about each event.
If the event of the CPB is the main on, then concentrate on it and make sure that you have all the data. Check the results by introducing its effect to the approved program of works and analyze the result.
The project is a repetative type, the is an angle that you need to concentrate on as well. Usually your learning curve from completing the 1st building will reduce the time to complete the remaining buildings. The client will ask you for this time.
Please remember that all this can be minimized by getting an approval from the client if they approve the event and its effect.
With kind regards,
Samer
Member for
16 years 9 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Mike,
Moreover, thanks for your continuous advise...Im looking forward for the solutions that you may find in resolving this issue...
Thanx and more power,
Francis
Member for
16 years 9 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Mike,
The format that I have done was consolidated from the resources in the internet recently, planning planet-discussing w/ you of course, in our meeting in the construction site, collaboration with the senior planning engineer and so on...The concept is there but Im afraid if it will work because of the problem of resource leveling and the large float issue that I have...Like the six blocks that we discussed before, which is not link between floors. The issue of cement board is critical, they delayed us on this but the effect will be absorved by the five floors which come first, eating the large floats and leaving no or less delay in the critical path...If I will check for example the resources, maybe before the application of the delay in the window analysis, it is large enough that I cannot be able to defend the additional resource requirements that will be incurred in the program.
Thanks and more power,
Francis
Member for
20 years 4 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Francis,
You are playing pa cute cute, when,
I fact you have the mastery of claim preparation.
I find your template sufficient in form, I think more than sufficient.
That format is similar to Hill International or Knowles.
That is why others find it difficult to understand.
Cheers,
Happy Planning and Scheduling
Member for
19 years 10 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Francis
I do not know where you got this format from but it is overly complex for what is really a simple delay analysis.
The Windows or Time slice method is not in current use these days because it does not reflect the overall cause and effect and it does not show concurrency.
You seem to have been reading a lot of text books - theory is fine but practice makes perfect.
You need to get your resource levelling problem sorted out fisrt in the contract before going any further.
I have asked Andrew Flowerdew to have a look at your situation and if he does we can build up a strategy from there.
Best regards
Mike Testro
Member for
16 years 9 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Mr. Mike and Mr. Samer,
After hearing your ideas and your patient explanation, I have come up with an idea and I made some pointers in my preparation for an EOT claim... Below is the table of contents which I think will help in my claim... I hope if you still have some time, take a look at it and if possible again if you are not tired of it make some corrections, suggestions for the improvement of my claim or further fine tuning the below mentioned list....
----------------------------------------------------------
TABLE OF CONTENTS
I: INTRODUCTION
I.I. Overview
I.II. Schedule Delay Analysis Method Statement
I.III. Contractor’s Entitlement when there is Concurrent Delay
I.IV. The Power of Critical Path
I.V. The Float Ownership and its Effect in the Project
SECTION 1: EXECUTIVE SUMMARY
1.1 Statement of Claim
1.2 Summary of Window Schedule Analysis Results
1.3 Cause and Effect Matrix of delay
SECTION 2: PRESENTING DELAY CLAIMS
2.1 Delay No. 1
2.1.1 Statement of Claim
2.1.2 The Event
2.1.3 Employer’s Liability for the Event
2.1.4 Contractual Entitlement
2.1.5 Contractual Compliance
2.1.6 Delay Analysis
2.1.6.1 As-Planned Schedule
2.1.6.2 Progress and Schedule Status- Data Date: __________
2.1.6.3 Window Analysis No. 1
2.1.6.4 Delay Analysis considering resource Allocation
2.1.6.5 Effect in The Critical Path
2.1.7 Cause and Effect
2.1.8 Substantiation
2.1.9 Mitigation of Delay
2.2 Delay No. 2
2.2.1 Statement of Claim
2.2.2 The Event
2.2.3 Employer’s Liability for the Event
2.2.4 Contractual Entitlement
2.2.5 Contractual Compliance
2.2.6 Delay Analysis
2.2.6.1 As-Built Schedule No.1
2.2.6.2 Progress and Schedule Status- Data Date: __________
2.2.6.3 Window Analysis No. 2
2.2.6.4 Delay Analysis considering resource Allocation
2.2.6.5 Effect in The Critical Path
2.2.7 Cause and Effect
2.2.8 Substantiation
2.2.9 Mitigation of Delay
2.3 Delay No. 3
2.3.1 Statement of Claim
2.3.2 The Event
2.3.3 Employer’s Liability for the Event
2.3.4 Contractual Entitlement
2.3.5 Contractual Compliance
2.3.6 Delay Analysis
2.3.6.1 As-Built Schedule No.2
2.3.6.2 Progress and Schedule Status- Data Date: __________
2.3.6.3 Window Analysis No. 3
2.3.6.4 Delay Analysis considering resource Allocation
2.3.6.5 Effect in The Critical Path
2.3.7 Cause and Effect
2.3.8 Substantiation
2.3.9 Mitigation of Delay
2.4 Delay No. 4
2.4.1 Statement of Claim
2.4.2 The Event
2.4.3 Employer’s Liability for the Event
2.4.4 Contractual Entitlement
2.4.5 Contractual Compliance
2.4.6 Delay Analysis
2.4.6.1 As-Built Schedule No.3
2.4.6.2 Progress and Schedule Status- Data Date: __________
2.4.6.3 Window Analysis No. 4
2.4.6.4 Delay Analysis considering resource Allocation
2.4.6.5 Effect in The Critical Path
2.4.7 Cause and Effect
2.4.8 Substantiation
2.4.9 Mitigation of Delay
2.5 Delay No. 5
2.5.1 Statement of Claim
2.5.2 The Event
2.5.3 Employer’s Liability for the Event
2.5.4 Contractual Entitlement
2.5.5 Contractual Compliance
2.5.6 Delay Analysis
2.5.6.1 As-Built Schedule No.4
2.5.6.2 Progress and Schedule Status- Data Date: __________
2.5.6.3 Window Analysis No. 5
2.5.6.4 Delay Analysis considering resource Allocation
2.5.6.5 Effect in The Critical Path
2.5.7 Cause and Effect
2.5.8 Substantiation
2.5.9 Mitigation of Delay
2.6 Complete Project Delay
2.6.1 Excusable, compensable
2.6.2 Excusable, non-compensable
2.7 Indirect Delay Analysis- Delay which is not in the critical path
2.7.1 Indirect Delay No. 1
2.7.1.1 Delay Analysis
2.7.1.1.1 Progress and Schedule Status + Historical Delay which has an impact in the critical path- Data Date:__________
2.7.1.1.2 Indirect Window Analysis No. 1
2.7.1.1.3 Resource redistribution caused by float consumption
2.7.1.1.3.1 Congestion Effect
2.7.1.1.3.2 Overtime Work
2.7.1.1.3.3 Labor rate increase for shift differential
2.7.1.1.3.4 Increase Supervision
2.7.1.1.3.5 Increase Coordination
2.7.1.1.3.6 Productivity Loss
2.7.2 Indirect Delay No. 2
2.7.2.1 Delay Analysis
2.7.2.1.1 Progress and Schedule Status + Historical Delay which has an impact in the critical path- Data Date:__________
2.7.2.1.2 Indirect Window Analysis No. 2
2.7.2.1.3 Resource redistribution caused by float consumption
2.7.2.1.3.1 Congestion Effect
2.7.2.1.3.2 Overtime Work
2.7.2.1.3.3 Labor rate increase for shift differential
2.7.2.1.3.4 Increase Supervision
2.7.2.1.3.5 Increase Coordination
2.7.2.1.3.6 Productivity Loss
2.7.3 Indirect Delay No. 3
2.7.3.1 Delay Analysis
2.7.3.1.1 Progress and Schedule Status + Historical Delay which has an impact in the critical path- Data Date:__________
2.7.3.1.2 Indirect Window Analysis No. 3
2.7.3.1.3 Resource redistribution caused by float consumption
2.7.3.1.3.1 Congestion Effect
2.7.3.1.3.2 Overtime Work
2.7.3.1.3.3 Labor rate increase for shift differential
2.7.3.1.3.4 Increase Supervision
2.7.3.1.3.5 Increase Coordination
2.7.3.1.3.6 Productivity Loss
2.7.4 Complete Indirect Delay
2.7.4.1 Compensable
2.7.4.2 Mobilization-Demobilization-Mobilization effect of indirect delay
II: CONCLUSION
----------------------------------------------------------
Excusable Delay + Compensation = For the owners delay
Excusable Delay w/o Compensation = Cannot be controlled by either contractor or Owner like Force Majeure
Inexcusable Delay + Compensation = For Indirect delay but have an effect in resource distribution
**Im still thinking if I can analyze the delay by applying multiple baselines... Aside from the approve baseline, I will give them example of series of baselines with re-sequence activities... Although not approved, the purpose is to validate the delay by monitoring the fluctuations in delays comparing different baselines and plotting in the graph the consistency of this effect.
Thank you and more power,
Francis
Member for
19 years 10 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Francis
I have just had another thought.
Most forms of contract set down the contractors obligations using words such as in ICE 6 8 91) (b)
provide all labour materials Contractors Equipment Temporary Works transport to and from the Site and everything whether of a temporary or permanent nature required in and for such construction and completion so far as the necessity for providing the same is specified in or reasonably to be inferred from the Contract.
If there is another clause that says unlimited labour resources are to be deployed then there are contradictory terms because the main contract clause would probably have precedence over the sub clause.
If there is no stated order of precedence then the rule of contra proferentum would probably apply.
Spend a bit on a good local lawyer and it will solve a lot of problems and get you off the hook.
Best regards
Mike Testro
Member for
19 years 10 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Francis
What form of contract are you working on?
When you submitted the Contract Programme was it resource modelled and resource linked?
Was it at this stage that the engineer insisted that the resource links be broken?
If so then this would indicate the maximum resource level required for the contracted works.
The point I am coming around to is that there is a natural maximum level of resources that are enshrined in your contract.
This represnts the limit of contract resources.
This level should not be exceeded if the work is delayed by delay events.
The engineer cannot require you to deploy more resources to mitigate his delays free of cost.
In this context the meaning of unlimited is restricted to unlimited up to the contract maximum and no further.
Keep in touch
Mike Testro.
Member for
17 years 3 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Dear Francis,
Can you please let us know how big is your program?
If you have a black box approved with notes, did it work properly by following your progress of work at site during the first few months and until now. If it did not then I would suggest that you get another program approved by the Engineer at this time without resouce leveling it. Unfortunately, you can not predict how the resource leveling worked.
The safest way on the long run is to start maintaining an "As built" Program of the completed and ongoing works at site.
The problem with the approve program can be solved by requesting the Engineer to approve a new Program of Works that has resources but without using the "Resource Leveling" option. You need to get the control of your program back to you.
Best Regards,
Samer
Member for
16 years 9 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Mike,
I already followed your advise.. I consulted you and Mr. Samer because I believe you are the experts here in planning planet...
To Mr. Mike and Mr. Samer,
I did what you have advise before not exactly but somewhere similar.. I have chosen window analysis to better explain the delay... Thats why I have discussed also the issue of phantom float in my desire to solve my problem...
My problem, the approved program is resource leveled, and I deleted the links of similar work packages in each floor in my desire again to follow the comments of the engineer for us to have an approve program, because my Project Manager is also pressuring me to accelerate the preparation of the proper program.... The point is, in my schedule of course the large float is there... 6 building project is not realistic in a traditional critical path method (CPM), I dont knw if you will agree that it is more realistic that the driving factor here is resource meaning Resource-Constrained Critical Path Method is more valid to argue with....
But in the contract, it states we have to use unlimited resources....
Thnx and more power,
Francis
Member for
16 years 9 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Mike,
I already followed your advise.. I consulted you and Mr. Samer because I believe you are the experts here in planning planet...
To Mr. Mike and Mr. Samer,
I did what you have advise before not exactly but somewhere similar.. I have chosen window analysis to better explain the delay... Thats why I have discussed also the issue of phantom float in my desire to solve my problem...
My problem, the approved program is resource leveled, and I deleted the links of similar work packages in each floor in my desire again to follow the comments of the engineer for us to have an approve program, because my Project Manager is also pressuring me to accelerate the preparation of the proper program.... The point is, in my schedule of course the large float is there... 6 building project is not realistic in a traditional critical path method (CPM), I dont knw if you will agree that it is more realistic that the driving factor here is resource meaning Resource-Constrained Critical Path Method is more valid to argue with....
But in the contract, it states we have to use unlimited resources....
Thnx and more power,
Francis
Member for
17 years 3 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Dear Francis,
We will 1st review the approved program and check the location of each activity in the program. You will need to determine if it is a Critical Activity or not, and how much float you have. Taking into consideration to review the comments and determine their relation to your event.
1. The use of cement board in replacement of plaster because of the discrepancies in the site which requires double block work in some areas , and later go back to the original finishes.
This is not too clear to me. You will need to determine when you submitted the material submittal for the block works (original requirement) and when you had the shop drawings approved by the Engineer. Subsequently you will need to determine when you have the material at site.
Please identify the first letter sent to the Engineer informing them with the Possible Delay Event. OR the instructions of the Engineer to change the construction method. Then determine the time that took you to complete the same activity with the new method of construction.
Copy you program of work and replace the original activity with the new activity and duration. Reschedule and determine the delay that occured.
2. The use of liquid waterproofing in wet areas- delay in approval...
This seems like a standard practice. Why was it a cause of delay. Did you change the type of waterproofing. Do the same analysis as described above.
3. Late approval of Fire Fighting and Fire Alarm by the authorities...
This is a design issue. The Designer should have provided the "Issued For Construction" drawings at the start of the project. It is the Engineers responsiblity to alert the Contractor with the issue. Unless you mean that you had an approval of the Design Drawings and that you (the Contractor) was late is securing the approval of the authorities of the Shop Drawings (As Built) and all the used material in both systems.
4. False ceiling access problem- meaning design problem.
Coordination of the reflected false ceiling is a problem in most projects. If the Contractor has a good Engineering site office staff who are coordinating their works and the shop drawings are reviewed by expert engineers, then the problems are reduced to a minimum. In most cases, the design of the duct is done during the shop drawings preparation, and that is when the problems start to arise. Few problem fall through the cracks and end up with in situ problem solving requirements. But from the description of the project, it seems that this is a minor problem. Flats do not usually have complicated false ceiling.
5. External painting approval-delay.
If the original painting system was not changed, then the Contractor should have submitted three qualified suppliers from the start of the project. You will need to check your specification to determine the duration of the material submittal review period. In most cases, you will need to provide the submittal before 28 days. If the review process took a long time because of the selection of colors and textures, then you will need to review carefully all the documentation that you have.
If the painting system was changed during the project, then you will need to locate the 1st instruction of the Engineer of Change Request.
External Painting is done at the very last stages of the project, basically because you want to hand over the building in bright new colors. This might be a weak cause of delay, because the Contractor have enough time to complete it. Unless the Designer really caused the delay.
6. Late nomination of joinery subcontractor.
It seems that your client was responsible for providing the necessary joinery. All activities that are related to joinery, especial internal paint need to be identified. You will need to show that you had enough time for the joinery activity (by others) shown in your original program and subsequently run a separate trial run to show the effect of the late nomination of joinery subcontractor.
After having identified all separate consequences of delay because of the above events you will need to add them one by one depending on their sequence.
You also will need to identify all the deleted items from your scope of work. This might reduce the time required to complete the works.
Review all the paperworks that you have and prepare an excel sheet with the items for/ against you. Remember, the other party will do a similar analysis to show that your delays are the cause of the project delays.
Good luck and please let us know if you need more assistance.
Best Regards,
Samer
Member for
19 years 10 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Francis
This is a complex project and before I would embark on a delay analysis such as this I would check the following:
1. Six Blocks - do they have their own completion date?
If YES - Then 6 different analyses will have to be done.
If NO - Is there 1 critical path that runs through the six blocks or are there six single critical paths?
If 6 - Then your delays on the first five blocks will have to absorb all the float before anything turns critical.
If 1 - Then the inter block links will have to be checked carefully.
2. Do the delay events apply to all blocks equally or are there differences between blocks.
3. Is there sufficient As Built Information to demonstrate what was the actual delay effect on completed work?
4. Are there any delays caused by the Contractor?
I would also review the Contract to check the grounds for EOT.
It would seem that your situation will require a combination of two analysis methods:
Time Impact Analysis for completed work
Impacted as Planned for future work.
There is no simple "Template" that will cover all these probabilities.
Delay Analysis is a simple process when you know how to do it.
My advice is get some expert guidance.
Best regards
Mike Testro
Member for
16 years 9 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Mr. Samer,
The project consists of 6 building apartment, with 6-storey each-- around 246 loft type apartments + basement parkings, with 4 substations, external works like gym,guard house, childrens play area, pergola, 2 swimming pool, landscaping, retaining wall around 2 km of 3 m in height...
1. Thnx for the concern. Yes, we have the approved program but with the status B- Approved with comments. Since long way back..
2. Yes we submitted notice of delay.
3. We have correspondence letter and evidence for the delay.
4. Yes, we have supporting document also.
5. Actually, Im asking for 6 months.
6. Let say, start of finishing activities like plastering and painting base coats. Block work is around 70% progress.
The delay is mainly due to
1. The use of cement board in replacement of plaster because of the discrepancies in the site which requires double block work in some areas , and later go back to the original finishes.
2. The use of liquid waterproofing in wet areas- delay in approval...
3. Late approval of Fire Fighting and Fire Alarm by the authorities...
4. False ceiling access problem- meaning design problem.
5. External painting approval-delay.
6. Late nomination of joinery subcontractor.
Thnx and more power,
Francis
Member for
17 years 3 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Dear Francis,
We will help you to complete your task. Please give us a brief description of the project and the events that resulted in delaying the project.
1. Do you have an approved schedule by the Engineer?
2. Did the Contractor submit notice of delay when the event started?
3. Do you have the required supporting documents like "Request for Inspection" to develop an "As Built" schedule?
4. Did the client instruct the Contractor to hold/ delay the works at any point in time?
5. Do you have a time compensation clause in your Contract?
6. How much time are you asking for (%) wise?
7. At which stage of the project are you?
With kind regards,
Samer
Member for
20 years 5 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
On other sites I believe these misfits are referred to as Trolls.
Ach well, as we say in Bonny Scotland...F*ck him.
Member for
19 years 10 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi David
Welcome to the C-JO non appreciation society.
He seems to have a personality disorder regarding planners who know more than he does - which is pretty well the whole plaet.
He will abuse everyone on a regular basis and when he gets to be particularly nasty as well as racist and sexist he has to be slapped down.
Chris Ogham and David Bordoli would often bite back which only spurred him on to even wilder posts.
The time is approaching when we will have to combine to get him off the planet.
Meanwhile as I said to Chris recently - if you wrestle with a pig you will get mucky.
Best regards
Mike Testro
Member for
20 years 4 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Why you resent??? Im using logic to arrive with that conclusion. and critical thinking, logic which is a hallmark of great claim analysis / leader
If you believe that you belong to expert, then, show your stuff. At the end of the day, the three gentlemen may become four.
Plain and simple
As a universal saying "Give to Cesar what is due to Cesar".
The other way around is to bribe someone to acknowledge you to include in the category of expert.
Im in this planet for too long to know who are brilliant, who know what they are doing, who care to share their expertise...
and threatening will not solve anything in PP. It is the honest exchange of ideas that make this planet bring out the best of Planning, scheduling and Forensic Scheduling Analysis. It also develop critical thinking, a hallmark of great leaders
Cheers,
Happy Planning and Scheduling
Member for
20 years 5 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
"The other posts are just pretenders of being expert in forensic claim analysis, waste of time."
I resent that, you utter cock.
The Claims Industry is not a very big one and that statement will come right back round and bite you in the arse.
Pillock
Member for
20 years 4 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Francis,
Basically, extension of time claims is a very easy work to do. there is just an aura of complication, a hesistancy to do advance skills on the way extension of time claims because of ignorance.
If you got brains (not the size of a peanut) and high IQ, above average reading comprehension of the English Language in written form, very sharp in logic (the art of correct reasoning), then, the extension of time claim should not be a problem
Also research a lot in PP. So as not to waste time, filter the post done by Mr. Andrew, Mr. Stuart and Mr. Mike. The other posts are just pretenders of being expert in forensic claim analysis, waste of time. Picture what this three gentlemen are trying to say, reach out to there brains, take notes and you can prepare a template.
the planning portion of forensic Schedule Analysis is very simple. Some methodology is complicated while others are easy, simple but also a big chance of rejection.
the hardest part is investigation and research of project documents, data, and witness interviews.
And of course the final product, the correlation of facts, the result of investigations, analysis and conclusion.
But in your case, if you do not know, do not have the experience, you have to tell your boss honestly. Otherwise, you will end up a losser, you do planning, scheduling and forensic schedule analysis. In addition claims for extension of time.
My goodness, you are superman. a hallmark of what????
Cheers,
Happy Planning and Scheduling
Member for
20 years 5 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Francis,
Mike has a very valid point, hes not out to win work from you, hes putting to you that if you dont know how to do the analysis, dont try to use a template to do it.
Dont forget the ramifications of your analysis, it should fit with the rest of the EOT Claim/Interim Claim, if your analysis is included AND your claim goes to any form of scrutiny, your erroneous analysis may kill the claim.
My friend, thats what will happen to your job if your company suffers.
If you want to learn how to perform Delay Analysis, find a tutor, if your Project Managemetn is very professional in nature, then some-one will have the skill and experience in Delay Analysis to give you guidance. The Template is only part of it.
Davie.
Member for
16 years 9 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Samer,
I have searched the net for this subject. I found good points but Im not satisfied at all.. Our Project Management is very professional in nature.. I need a template from experienced planners so that I can develop my own pattern to somebodys work if I find it okey.
Thanx and more power,
Francis
Member for
17 years 3 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Dear Francis,
You can google it and you will find plenty of information. Like this site is offering a course in two days.
http://www.aacei.org/education/aep/courses/JMPC02.shtml
JMPC02: A Practical approach to Delay Analysis & Claims using Primavera tools
Best Regards,
Samer
Member for
16 years 9 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Can anyboby share their format for time extension if any to a poor planner like me?... I just want to develop myself faster so I can share with others tomorrow...
Thank you bro...
Member for
19 years 10 monthsRE: SAMPLE FORMAT- EXTENSION OF TIME CLAIMS
Hi Francis
I am sorry to be so brutal but if you dont know how to do delay analysis then hire someone who can.
Best regards
Mike Testro