Hi Kaif and Arnold

Oh what a tangled web we weave.

There is more to delay analysis than text books and protocols.

It takes years of experience and practice in the dark art until some degree of competence is earned - even then every case is a new experience.

I am dropping out of this debate now as I have contributed enough.

Best regards

Mike Testro

Hi Mike,

In our Contract it was clearly stated that Time Impact Analysis shall be used in determining if a time extension to the contract milestone date(s) is justified.

Impacted As-Planned cannot identify concurrency delay because it only uses the baseline programme. Baseline programme is out of date; we need to consider the actual history of the project of what actually happens? How do you know when was the delaying events occur when you are not going to insert the actual record/factual evidence. In short you need to have the As-Built programme in order to measure the effect of delay on actual performance.

Time Impact Analysis is the insertion of both Contractor's and Employer's delay events, in order to assess the impact of the delay events, the programme must be updated from the time the delay events was occurred.

Impacted As-Planned method operates by adding, or impacting changes onto a baseline programme without updating the current data date.

Best regards,

Arnold

Hi Kaif,

The application of delay technique is depend on what your contract document dictates, as far as I know, it was clearly mentioned in your contract document on what method of delay analysis that you are going to use. However, if your contract document is silent then, for me, you may utilize the Time Impact or Windows Analysis.

To be honest Impacted As-Planned, only the owner-caused delays are identified. This technique involves the insertion or addition of activities representing delays or changes into the baseline schedule to determine the impact of those delay activities. It does not require actual progressed; it ignores the as-built history of the project. Only the As-Planned programme is required.

While the Time Impact Analysis (TIA) approach consists of the insertion or addition of activities, or fragnets, which represent Employer Delay Events (EDE) and Contractor Delay Events (CDE). It provides detailed and robust retrospective analysis and it is recommended by SCL Protocol. However, it is time consuming and costly when performed forensically and requires both As-Planned and As-Built programme.

In your case, you can utilize Time Impact Analysis but you need to demonstrate that the delay event is attributable to the Employer and the delay must be shown to be critical that pushes or changes the contractual completion date of your project.

Cheers,

Arnold

Hi Kaif,

In order for the preparation of an Extension of Time Claims (EoT) to become successful and valid, you need to have the eight essential requirements.

1. Relevant Events or Circumstances, you have to identify the events or circumstances that giving rise to the claims.
2. Determine Liability for the Event, you need to determine who is responsible or liable to the events or delay, whether the employer risk events (ERE) or the contractor risk events (CRE).
3. Contractual Entitlement, this is the provision of contract. Generally, construction contract contain provision entitling the contractor to an extension of time.
4. Contractual Compliance, in order to comply with the contractual obligation and the contractor's claims become effective and valid, the contractor shall give notice to the engineer, describing the events or circumstances giving rise to the claim within a specified time frame. This is a significant task where the Contractor sometimes may ignore, without submitting the Notice of Intention to the Claim, the Clients/Clients Representative might reject the EoT Claims.
5. Causation (Cause and Effect), It requires the Contractor to demonstrate the cause–effect between an event, e.g. one which is an employer’s liability (‘the cause’) and the resulting impact on the contractor’s ability to carry out the project works (‘the effect’).
6. Determine which Type of Delay Events, after the cause and effect has been determined and identified you may now proceed with the determination of the delay events. In order to demonstrate the effect of the events on the contractor's programme you must know what type of delay analysis or techniques that you are going to perform. Basically, there are many delay techniques that you can perform depending in your circumstances (e.g. As-Planned vs As-Built, Impacted As-Planned, Collapsed As-Built, Windows Analysis, and Time Impact Analysis).
7. Statement of Claim, this is where the narrative to the delay analysis. Describe what the contractor is claiming for.
8. Substantiation, how are you going to substantiate your EOT claims. Of course, you have to rely on the factual records or documentary evidence like for instance, the correspondence or reference letters, the submittal and approvals of all materials and shop drawing, daily, weekly and monthly reports, progress photos, meeting minutes so on and so forth.

I hope this will help.

Cheers,

Arnold