effective delay analysis: the tools & techniques · 2020. 7. 2. · claims, ascertainment of...
TRANSCRIPT
Effective Delay Analysis: The Tools & Techniques
Presented By
Henry Hathaway, Partner
Effective Delay Analysis
Presented By:Henry Hathaway, Partner
Henry is a qualified Civil & Structural Engineer and haspreviously spent twelve years in the ConstructionIndustry representing both Contractors and Clients inboth Engineering and Project Management
He specialises in Pre-Contract Negotiation, ContractFormation, Project Lifecycle, Tender Development,Identification of Delay & Disruption, Establishment ofClaims, Ascertainment of Costs
Tel: 0207 167 6602Email: [email protected]
Delay Analysis Techniques
The need to prove Delay:
1. To defend against Claims for LADs
2. To found a Claim against the employing party foradditional monies associated with the Delay
3. To found a Claim against the employed party for lossand/or expense and/or damages
The Assessment Of Delay
JCT – Delay to the completion date
NEC – Clause 63.3 - A delay to the Completion Date isassessed as the length of time that, due to theCompensation Event, planned completion is later thanplanned Completion as shown on the AcceptedProgramme
Delay Analysis Techniques
What is a Programme for?
• Primarily a management tool
• For programming the Works
• For monitoring progress
• The basis of making or defending a Claim
Delay Analysis Techniques
Is it a Contract Programme?
• If it is what is the implication?
• Does the Contract make express reference to the Programme?
• Does the Contract contradict the Programme?
Delay Analysis Techniques
If it isn’t a Contract Programme
What should you show on the programme?
Delay Analysis Techniques
If it isn’t a Contract Programme
What should you show on the programme?
• Earliest Start Dates
• Latest Finish Dates
• Provisional Sums
• Access
Delay Analysis Techniques
If it isn’t a Contract Programme
When should you revise a Programme?
Delay Analysis Techniques
NEC
Clause 11.2(1) The Accepted Programme is the programme identified in the Contract Data or is the latest programme accepted by the Project Manager.
The latest programme accepted by the Project Manager supersedes previous Accepted
Programmes
The Accepted Programme
The Accepted Programme
The Accepted Programme is a developing documentupdated to reflect:
• current progress - ‘as-built’• revisions to the proposed sequence
Techniques For Delay Analysis
Questions That Need Answering:
• What was supposed to happen?• What did actually happen?• What are the Variances?• How did it affect the Project Schedule?
Techniques For Delay Analysis
Three Types Of Delay:
• Contractor assumes risk of costs & time consequences• Contractor is entitled to its cost and time extensions• Events for which no party has control or bears risk
Techniques For Delay Analysis
How Do We Establish This?
The Contractor will set out the risks and obligations of theparties
Techniques For Delay Analysis
How Do We Ascertain The Extent Of A DAT?
Six Methods:
1. As Planned Vs As Built
2. Impacted Vs As Planned
3. As Planned But For
4. Collapsed As Built
5. Window Analysis
6. Timeslice Analysis
Techniques For Delay Analysis
1. As Planned Vs As Built• All delaying events are depicted on the schedule
• Difference between Time As Planned Vs As Built Completion Dates is the timereceived
• Critical Path is determined once in the As Planned and then in the As Built
Pros:
Easy & inexpensive
Cons:
Does not scrutinize Delay types and easily manipulated
Ignores dynamic nature of critical path and changes in logic
No attempt to determine individual impact of each Delay on completion
Techniques For Delay Analysis
2. Impacted Vs As Planned• Measures the impact of the Delays on the Contractors As Planned CPM
Network• Various Delays are formulated as activities and added to the As Planned
Network in a chronological order, showing the effect of each Delay• Dates between the Networks before and after the impacts
Pros:
Simple & inexpensive
Popular for retrospective analysis
Cons:
Uses fixed As Planned Network to analyse out of context and time
Original Baseline may be incorrect or not realistic to base whole analysis on
May fail to consider all delaying events
Disputes as to the adequacy of the As Planned
Techniques For Delay Analysis
3. As Planned Vs But For• Entails injecting the As Planned schedules with all Delays of a particular party to
form an Adjusted Network• Completion date of the Adjusted As Planned schedule compared with the
actual completion date gives the amount of Delay for which the other party isresponsible
• Technique is applied to the Network first for the Contractors point of view andthen the Owners point of view
Pros:
Performed quickly as there is no need to consider actual progress of works
Cons:
Does not take into account any changes in the Critical Path during the Project
Assumes the Planned construction sequence remains valid
Differing viewpoints and outputs by both Contractor and Employer
Techniques For Delay Analysis
4. Collapsed As Built• A form of As For analysis but does not use the As Planned as a baseline but uses
the As Built schedule (As Built – But For)• Involves removing Delays of each party from As Built so that the resulting
schedule will give the Completion Date of the Project but for the Delays ofeither Party
Pros:
Perceived advantage of this technique is that it is based on actual events, thus givesmore credibility
Cons:
Once collapsed, forced to insert after the Event Logic Links
Delays being removed could result in an unrealistic Network especially when theDelays are integral
Ignores circumstances and dynamic nature of Critical Path
Input information is highly subjective
Techniques For Delay Analysis
5. Window Analysis• Involves interim assessment of Delay on updated Networks at specific periods
of the Project• Similar to a snapshot• Total Project Duration is divided into a number of time periods usually based on
mature circumstances• Network within each Window is updated to reflect actual durations and
sequence at time of Delay whilst remaining As Planned is maintained• Difference in new Completion Date against As Planned provides amount of
Delay
Pro:
Divides a complicated Network into a coherent structure
Takes into account the dynamic nature of the Critical Path
Effective approach to analysing Delays
More snapshots the better
Techniques For Delay Analysis
5. Window Analysis continued......
Cons:
Time consuming and costly
Demands complete Project records
Difference in Windows can produce different results
Back analysis is costly and laborious
Techniques For Delay Analysis
6. Time Impact Analysis• Variant of the Window technique but this technique concentrates on a special
Delay but not on the time periods containing Delays
• A picture is generated each time there is a Delaying Event
• Network then updated upon this Delay period and the effect of the Delay isused to establish a new Completion Date
Pro:
Detailed
More likely to be accurate
Delays are Real Time
Critical Path is recognised throughout
Techniques For Delay Analysis
6. Time Impact Analysis continued......
Cons:
May not be practical for smaller Projects
Highly laborious
Costly
Time consuming
Techniques For Delay Analysis
So………………………….
Which is the correct technique?
• No straightforward answer as each principle relies on theinformation available and the intended budget
• Clearly, as the amounts rise, the greater the input toprove
Techniques For Delay Analysis
Which is the correct technique?
Note the techniques as employed have been a source of contention becausethey yield different results
Balfour Beatty Construction Ltd -v- The Mayor And Burgesses Of The London Borough Of Lambeth [2002] EWHC 597 (TCC)
The Adjudicators decision challenged as the technique was not affordedcommentary by the Respondent. The Respondents position was upheld
Techniques For Delay Analysis
Also:
Ascon Contractors Limited -v- Alfred McAlpine Construction Isle Of Man Limited (1997 ORB-361 & 1998 ORB-315)
Wholly theoretical calculations will be unlikely to succeed
Techniques For Delay Analysis
CONCLUSION
QUESTIONS?
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