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Advice

17 replies [Last post]
Fri, 2009-11-27 09:00
Catherine Barthelemy
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I have been asked to have a look at a delays claim currently being put together. I have the original baseline programme, then 2 monthly updates. Would any of you be able to put me into the right direction as to what plan of action to take. I was going to baseline the original programme in my system and then progress it in accordance to the 2 monthly updates.... then what?
Never done this before and a bit lost.. but willing!!
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Replies

Fri, 2009-12-18 03:34
#1
Toby Hunt
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Catherine

The method you employ will largely depend on the quality of records and data at your disposal, the forum in which the dispute will be heard, and should also be proportionate to the amount in dispute.

Don’t forget, on persons "Time Impact Analysis" is unlikey to be the same as another.

Most breach of contract actions are concerned with seeking to put the Claimant in the position he would have been in had the Defendant honoured rather than breached his obligations. In delay claims this will of course usually require a comparison between anticipated and actual time for performance. The delay analyst will therefore need to have views on:
The appropriate methodology to assess delays.
The programme to use as the baseline.
The relevant as-built data.
Whether particular delays caused critical delays to progress.

Regards

Toby
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Thu, 2009-12-17 06:46
#2
Mike Testro
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Hi Catherine

I am advising from a UK perspective where time slice is not used mainly because it is the same as a Time Impact analysis but repeated each month.

Time slice also has problems with demonstrating concurrency.

A coleague of mine recently had a time slice analysis rejected completely in an adjudication.

Time slice however is used almost exclusivley in the US although other methods are recognised.

As Planned v As Built is useful for sub-contractors work but not main contractors.

As Built But For has been discredited because of the problem of putting a credible critical path on the As Built Programme.

I hope this helps.

Best regards

Mike Testro
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Wed, 2009-12-16 10:10
#3
Catherine Barthelemy
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Gents,
Thank you very much for your help and interest!
The Job has indeed been completed. The legal consultant was going to use the time slice analysis method, but it looks like your opinion differs
I quote: "If the work has been completed then a Time Impact Analysis is the only acceptable method.

Do not accept either an As Planned v As Built or An As Built but For method.

Any form of "Time Slice" or "Windows" should be rejected."

What would be the reason?


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Mon, 2009-12-14 00:44
#4
Vamsi Gollapinni
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Groups: Building Information Modelling, GPC Qatar, TURNAROUND & SHUTDOWN (T/A & S/D)
Wow!!!

All the best to everyone seeking advice/help here.

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Sun, 2009-12-13 14:56
#5
Samer Zawaydeh
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Hi,

I think that we need to concentrate on assisting Catherine in completing her task.

I posted the following list before, which is the basic for submitting a claim.

1. Must be Based on Contract Clauses.
2. Timely Notice Required.
3. Proof of Entitlement
4. Proog of Damages
5. Cause and Effect Relationship Required
6. Burden of Proof
7. Mitigation Requirements.

Follow these steps for each event that you have. Compile the supporting documents and then you start considering them in your Program Analysis.

We need to hear from Catherine what else she wants.

With kind Regards,

Samer
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Sun, 2009-12-13 14:50
#6
Mike Testro
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Hi All Doubters

For the last three - four years in this forum I have been banging on about the wrongful use of FF SS links.

Yes it will require a large number od tasks - that is the whole point.

Go and look at the thread - Ban these planning abominations - and then come back if you have any further queries.

Otherwise leave me alone to seek councelling - the wall is not as soft as my head.

Best regards

Mike Testro.
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Sun, 2009-12-13 12:40
#7
Shah. HB
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@ Mike

I have checked your response ,in one of your response you have said use of artificial constraints is restricted ?

would you please explain
Artificial constraints means early dates & late dates constraints are some thing else?
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Wed, 2009-12-09 05:13
#8
Vamsi Gollapinni
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Mike

Its definitely correct that FF SS with Lead/Lags do distort the critical path. But dont you think it will increase the no of activities in a schedule dramatically, if we start having numerous small duration activities to facilitate FS link.
Just a thought!

Vamsi
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Wed, 2009-12-09 03:29
#9
Mike Testro
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Hi Varsi

I have said many times in this forum that FF SS links with lead lags distort the critical path.

Consider a programme that has - for example - a 50 day task linked to another 50 day task by way of a SS link with a 10 lead lag.

There must be a reason why the link is set up in this way maybe level 1 links to level 2 after 10 days progress.

What if an event impacts on level 4 of task 1 - how can you link the event to the correct point in the programme.

What effect will such a linked event have on the critical path?

Use only FS links between tasks - no lags - no task should be more than 10 days long - then you will have a reasonable critical path.

Best regards

Mike Testro.
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Wed, 2009-12-09 00:43
#10
Vamsi Gollapinni
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Mike

You mentioned that "FF SS links, leads and lags have to be removed from the schedule by the contractor" - can you please explain why this has to be done, and once they remove it, what logic has to be established between such activities?

Thanks

Vamsi

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Mon, 2009-11-30 05:30
#11
Samer Zawaydeh
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Dear Catherine,

We will assist you as much as you want in keeping you on the right track.

Once you have completed your list of delay events, please mark each event as "Contractor" or "Client". Start with the client delays and have all the necessary supporting documents and approvals for each delay event separately.

Subsequently, you can start the delay analysis per the recommendation of Mike. It depends on how much complicated is the case and how much data you have. Read all the documentation that you can, and sort them. If you can talk to the Contractor team that executed the project, it will give you deeper insight about what went on. Of course, this information must all be supported by documents received/ sent by the other party.

With kind regards,

Samer
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Mon, 2009-11-30 04:59
#12
Mike Testro
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Hi Catherine

I assume from your reply that you are defending against an incoming claim.

In which case your task on the planning front is relatively simple.

Your lawyer will do all the checks to establish the contractual and legal valididty of the claim.

If his opinion is that the calim has no merit then you need not do anything else.

If the opinion is that the claim is justified then you have to demonstrate its worth in respect of EoT.

It is important to remember that if the contractor is entitled to an EoT then he should be awarded a fair and reasonable period of time.

To establish this entitlement first review the baseline programme to check if:

1. Is there a clear critical path.
2. Are there any artificial constraints.
3. Are there any FF SS Links and lead lags.

If any of these conditions are on the baseline then ask the contractor to remove them and re submit.

When the revised programme comes back in it is necessary to review the method of analysis that has been used.

If the work is in progress then an Impacted as Planned method is suitable.

If the work has been completed then a Time Impact Analysis is the only acceptable method.

Do not accept either an As Planned v As Built or An As Built but For method.

Any form of "Time Slice" or "Windows" should be rejected.

Now check the As Built Data to see if it complies with your own records - if not then require the contractor to explain any differences and / or adjust his submission.

Then check the delay events relied on - are they the client’s causation and have they been impacted correctly.

Now ask what contractor’s de;ay have been included - if none then require the contractor to include all those that you know about.

When you have taken all these steps then you will have a better idea as to a reasonable entitlement.

If there are concurrent events then go back to your lawyer to get advice as to how the should be allocated.

Best regards

Mike Testro
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Mon, 2009-11-30 04:05
#13
Catherine Barthelemy
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Mike,


Thank you for your interest!
We are defending the contractor. "We" as in a legal consultant and myself. It is only a small claim but we are starting from scratch. Contract docs, correspondance, are being obtained by the legal consultant..
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Mon, 2009-11-30 04:00
#14
Catherine Barthelemy
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Samer,

All contractual douments/ correspondance are being reviewed by a commecial/legal consultant and the claim is valid.
The original schedule is very simple and contains mainly FS activities. Whether the logic is tangible is another question and I am not sure it was approved and we have contradicting/ more detailled updated programmes, where activities do not seem to relate to the original baseline.
Thank you very much for your help, i will start by a delay list.....and by checking whether the baseline was actually approved by all parties..
Thanks.
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Sun, 2009-11-29 13:11
#15
Samer Zawaydeh
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Dear Catherine,

Your first job would be to read the Conditions of Contract and check wether the claim can be considered or not.

Documentation on the project is very important. So you have to ask the party that gave you the task to look at the delay claim to provide you with all the necessary documentation and as a minimum the correspondance log.

The basic idea would be to list all the delays and sort them by party and by date. Then you start studying the effect of each depending on it time of occurance.

The Original Schedule is a good start, but you need to check who approved it and wether it is complete and included or the scope and if it logical and feasible or not.

Plenty of information on the net about this subject. It depends on the complexity of the problem that you are trying to solve. Please let us know if you need more details.

With kind regards,

Samer
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Fri, 2009-11-27 10:11
#16
Mike Testro
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Hi Catherine

First question - Are you defending the Client or Prosecuting the claim by the contractor.

Everything else flows from your answer.

Best regards

Mike Testro
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Sat, 2009-11-28 08:17
#17
Shah. HB
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Hi Catherine

You have a baseline schedule ,if you identify the delay events then you could impact on it and check it out the shift in project completion date .

Since you have 2 months updated based on the delay event identification you could select the necessary cause and effect techniques to demonstrate the delay

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