Concurrent Delays

If you want a useful but breif overview of delay analysis have a look at the following article:



http://www.driverconsult.com/articles/article_pdf_25.pdf



You could win a case of wine too if you enter the competition!!!!!!!!!!!!!

Ashraf,



During a project, do you ever do "what if" programmes? eg, you receive a variation or some other event and you impact what you believe to be the effect of that event on the programme to find out what it’s effect is.



TIA(UK) - hey should I trademark that! (see other threads) is basically doing this retrospectively for the whole job starting at the beginning and working through the project, event by event.

I do agree with your points.



but the defintion of concurrent delays and the judgement to this type of delays are required professionals and experts whom can analize the events and the supported documents in order to find the actual impact of these delays events on the approved base line programme.

Reading the Society of Construction Law’s Delay and Disruption Protocolis a good start and it will give us some ideas about when you can use the different analysis methods.

but the implementation of these methods is requied professionals and experts .



Thanks

Shina



May I direct you to www.eotprotocol.com



You can download the Society of Construction Law’s Delay and Disruption Protocol. It is a good start for ’novices’ and it will give you some ideas about when you can use the different analysis methods.



You might find the Time Impact Analysis described in the Protocol different to the method Heather describes. Most conversation in this forum, when talking about TIA, reflects the protocol method. I might be wrong but I believe the SCL and it’s Protocol are more widely acknowledged and known around the world than MCDS – though Heather is making a good go of redressing that!



We tend to refer to Heather’s method as ’Windows’ or ’Timeslice’. The major difference is that our ’Time Impact Analysis’ focuses on individual events, causation and effect whereas ’Windows’ tend to focus on time periods followed by expert deduction about what happened in that period.



In my opinion, for what it’s worth, Time Impact Analysis is useful for discrete events whereas Windows is more useful for multitudinous events.



Regards



David

Shina,

a Time Impact Analysis done correctly would be useful at the end of a project to appropriatley apportion delays. A good claims consultant can effectively perform this for you and review all communications and happening during the life of a project and give you the answers you need.



TIA Methodology





1. Establish the Baseline (As-Planned) schedule

2. Establish the reasonableness of the Baseline activity durations and logic

3. Note any Delaying Events which occurred during the Analysis Period

4. Update Revised Baseline for Progress during the Analysis Period

5. Note change in Project Completion Date

6. Analyze and Determine Responsibility for change in Project Completion Date

7. Repeat Steps 3(?) – 6 for each Analysis Period

Shina,



Dont mentioned concurrent delay.



Always claim that you were denied access that form the basis of your claims.



Cheers,



Charlie

You need to be careful while choosing words. Now what do you mean by "every such concurrent delays"? If I was Contractor, I will not say that there has been any concurrent delays. There has been one delay and that is delay in delivery of material by the client. And that has subsequently delayed the planned completion date.



Are there intermediate milestone liquidated damages or only the final completion liquidated damage? Read the Contract Documents as every contract could be different.

Let’s take it this way,



A Access to Contractor by Client

B Contractor’s work

C Material Delivery by Client



Since the main delay is caused by late delivery of material, I would rather concentrate on this issue only.



Plan: The planned programme will show Activity B starting after milestones A and C.



Actual Plan: Show Milestone A completed only when the full acc was available (latest one). Milestone C when the material was delivered.

Then make an EoT claim for the full duration. It is all Cleint’s responsbility.



If the EoT is not granted and you accept thier decision (which I doubt), then Cleint can claim LD. Otherwise they can claim LD only if you delay your work beyond the new target date.

Just hoping that somewhere in your correspondence lies the ‘silver bullet’ that some terribly smart Claims Consultant will find to prove beyond a shadow of a doubt that you were right and everyone else was wrong is what keeps Las Vegas so vibrant. Forget it. This is not going to happen. Instead you should,



1) Educate yourself as to construction contract law.



2) If you don’t do your own surveying, then don’t do your own scheduling. Hire an expert.



3) Ask the advice of a claims consultant – or better yet; set up a positive program to establish and document your current situation in a way that will maximize your chance for recovery.



I cannot tell you the number of times people who are otherwise extremely capable of running a construction project in a cut-throat environment come to me after a disastrous project and act like deer caught in the headlights of an oncoming car.



I do not feel sorry for parents who never provided for their children with insurance and are now stuck with medical bills that they cannot handle. I do not feel sorry for contractors that always though that the scheduling specifications were something that you could ignore with impunity.



Liquidated damages is not something that you negotiate at the end of the project. It is cut-and-dried. The number of days late times the LDs is what you owe. Anyone trying to tell you different is charging by the hour and you are the sucker who will foot the bill.



This is not rocket science. You cannot wish expertise into existence. Contractors are not Lawyers. Contractors are not Surveyors. Contractors are not Schedulers. Contractors are not Claims Consultants. Stop pretending that you can do these things in addition to running a construction project. Stop hoping that everything will work out fine if you ignore it long enough. Stop being a victim.

Heh, why you hiding? can’t you reveal yourself.



Anyway, there are answers for your questions.



If the employer has not given access as per the contract, it is a breach of contract and the contractor can claim for damages in terms of time and expense.



Based on some standard form of contracts it is a condition precedent to notify the employer of the even that likely delay the project together with a TIA to be entitled for an extension of time. That also has to be within the time specified in there ( some times 60 days and some time 28 days).



Employer can not impose any LD for the delay that is due to his own faults. This has been long ago established in courts. LD usually a pre-estimate of loss suffered by employer in case of any delay, i.e. loss of income, taxes, overhead etc.



It is also established in courts that if there is a delay even if it is related to employer, The contractor should take all reasonable steps to expedite the works and can claim any extra cost incurred. Sometimes delay can be recovered and there will not be any EOT but there will be the acceleration costs that can claim from employer.



Regards



Dinesh Kumar

I agree with Anil.



If you take it in simple terms, contractor will only be entitled for 3 months extension of time and 3 months loss and expense. Provided the actual completion is Justifiable and complete within a reasonable time. Contractor has an obligation to take all steps reasonably to mitigate the delay even if the access is late from the client and can claim for any acceleration costs involved.



Other things as mentioned by Anil can also happen but subject to proof. Contractor has to inform the client.



If the contractor has done his work on time and has been ideal 5 months due to delayed site possession. He likely is entitled for 5 months extension of time and the loss and expense for that period but above said contractor obligation will still apply.



Regards



Dinesh Kumar

Its not that straight forward one has to find out reasons behind contractors delay.

Even if he is delayed due to its slow rate of production,contractor can claim that they didn’t want to have discontinuity in work knowing very well material would be avialable in time by Client.What it needs to seen whether contractor has written to client safeguarding his interests well in advance