(1) Explain your problem, don't simply post "This isn't working". What were you doing when you faced the problem? What have you tried to resolve - did you look for a solution using "Search" ? Has it happened just once or several times?
(2) It's also good to get feedback when a solution is found, return to the original post to explain how it was resolved so that more people can also use the results.
Hello planners,
I have been asked to prepare an EOT claim for a project which is in the handing over stage. Contract duration is 500days and the project end date slipped by an year due to delay in approvals (design, materials) & additional works.
My situation is
1. Baseline is not accepted (although the updated program is attached along with the monthly progress report)
2. Baseline is having 10 non contractual constraints, open ends, faulty links, unecessary lags, Total float (around 200 activites) between 50-265, possibly due to faulty links/constraints.
3. Some of the relevant activites (for eg: design (some), T&C, procurement (long lead-some)) are not in the Critical path (160 activities in the path)
4. The end date of the program inserted with the events is not slipping because of the faulty links.
5. Records for actual dates are not that good.
How to approach in such scenario and prepare an EOT claim. Appreciate your suggestions to tackle this given task.
Thanks.
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mike has a good point.
i've found that the general defense from the clients team is that... you havn't submitted it in a project from, can you provide a wrtitten narrative etc etc.
i found the best solution was to start with a report, supplemented with a spreadsheet analysis of the effect of each claim and then attach a project to the back of it with all the stages mapped out. and yes, simplify it if you can so that you can see the cause and effect more transparently.
but as noted earlier, im assuming you've notifieed the engineer of your claim at an appropriate point in the past. if not you may be time constrained for submission.
perhpas its worth checking which variations have merit and then decide which ones to use. e.g dont use weather as it has time but not cost implications.
mike has a good point.
i've found that the general defense from the clients team is that... you havn't submitted it in a project from, can you provide a wrtitten narrative etc etc.
i found the best solution was to start with a report, supplemented with a spreadsheet analysis of the effect of each claim and then attach a project to the back of it with all the stages mapped out. and yes, simplify it if you can so that you can see the cause and effect more transparently.
but as noted earlier, im assuming you've notifieed the engineer of your claim at an appropriate point in the past. if not you may be time constrained for submission.
perhpas its worth checking which variations have merit and then decide which ones to use. e.g dont use weather as it has time but not cost implications.
Narrative plus spreadsheet plus revised program for each critical step.
you'll need to lead your client one step at a time, otherwise it all gets too much. i had a similar issue over 10% of the contract sum.
first we had to agree the fundamental intents of the tender program as we were initially unable to agree from which point we should measure.
then variation 1, agree the basis of claim, time consideration and then revise the program, with a revised due date.
then variation #2, same issue. etc etc.
in the end i had a summary of this in a spreadsheet.
and then we negotiated.....
the program had holes in it, we had to include links that were not in the tender / construction program just to keep everything moving. it was like having an argument with my wife. we were never going to win with a full frontal attack. so we had to go slowly and surely but by a slightly protracted route.
Hi Carlos
No delay analysis ever "Proves" anything - they are at best a projected opinion as to cause and effect.
Using the narrative technique the delay is described and the delay period stated and the overall effect on progress is calculated.
The US Corps of Engineers used this method to establish EoT on defence projects which then developed into the "window" method.
The system worked perfectly well until computers came along and spoilt it all.
Best regards
Mike Testro
Hi Mike,
I am about to start an EOT claim based on an excel spreadsheet and I was about to ask this same. Thank you for this, the Hammock approach sounds easy to develop and to deffend.
I am starting to think that the big topic on Forensic Analysis is the question: Based on this spreadsheet without defined logic, how can you prove an Extension of time over the contractual finish date? - And if one can answer that question, he/she can deal with any schedule.
All respect,
-Carlos.
Hi Everyone,
This topic is now beginning to fall in line with our current project. We are about to request an extension of time, however we need to demonstrate the gravity of the delay by using the P6 presentation. Can anybody help in the step in the presentation of the delay with logs associated with the individual activities by comparing the baseline and current schedule. Default report inP6 does not show this option.
Thanks
Hi CH
It depends if the notification clause is a "condition precedent" or not.
Also it depends on whether the notice requirements are too onerous - for instance a requirement for a fully detailed claim to be submitted within 10 days of the event would be unreasonable.
Then there is the possibility that the contractor only gets to know about the event some time after it occurred - so there should be a phrase like "or when the contractor became aware..."
Finally there is the principle of "unjust enrichment" where an employer cannot make a gain from his own default.
Apart from all that it is best practice to get your EoT notices in on time.
Best regards
Mike Testro
Sorry to interpret the conversation
It is normally state in the contract that the delays have to be notified within certain days of happening. Ths we write a notice of delay to the contractors. And within certain number of days we have to submit our application for EOT.
But from what I see, most are only doing that at late stage of project or handing over.
Will there be any contractual implication if we submit our EOT claims late?
Hi Mike,
Thank you for the explanation.
Now the most difficult part - Convincing the Cont. to prepare EOT based on Narratiive report with sketches/datas using spreadsheets.
Regards,
Rajeev
Hi Rajeev
I am assuming that your horrible programme had some lead in tasks for design development and material issue etc.
My suggestion was to group all these into one lead in task and build all the relevant delays onto that.
If there are no such tasks then create a milestone and call it something like Employers Lead In Items.
Then change the milestone to a duration to account for all the delays.
Best regards
Mike Testro
Hello Mike,
Thank you for briefing the different scenarios.
The narrative+spreadsheet approach seems better and simple ; had to check whether it is acceptable to the Cont. whom had given me this task.
Meanwhile, Mike will you please elaborate the suggested first approach.......particularily this sentence."Before that add another task which represents all the critical lead in items and link FS......."
I will be using P3 as the Cont. does not have P6.
Regards,
Rajeev
Hi Rajeev
In other words - situation normal.
I would suggest that you create a radically simplified programme with One task representing all the critical items.
This can be in the form of a hammock if your software allows it.
Before that add another task which represents all the critical lead in items and link FS.
Impact the delays on the lead in items and see the delay effect.
The advantage of this approach is that it is a clear and simple demonstration of cause and effect that a tribunal will readily understand.
Alternatively you can prepare a new programme that demonstrates the original intent but with clear and dynamic logic - using only FS links and NO contraints.
And then impact the delay events one by one.
The disadvantage of this method is that you will be accused of rigging the result and any tribunal will be very suspiscious of any form of trickery.
A third approach is to use only text and spreadsheets and abandon ypur programme altogether.
I hope this helps
Best regards
Mike Testro
Email: PPadmin@planningplanet.com
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