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baseline, and resources

26 replies [Last post]
Sun, 2010-03-07 15:14
Rola Sabbah
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hi every body,
i have submitted to may baseline for the CM for approval, this is Rivsion zero.
i finished the schedule 4 days earlier, and the CM have objectoin on that,we are goverened by fidic, isn’t our right (contractor) to finish earlier if we want to.
2. i divided my schedule into MEP systems, then each system into fixes, 1, 2, and final. i consedered any pentration in walls or slab to be first fix. any after plaster of above False ceiling second fix, and final fix is the final fixtures. they object on this too wanting me to change conduites above false ceiling to be first isn’t that second fix? what should i reply/
3. about resource allocation, for example i assigned 2 catogaries , one for my first package of the contract and other is for my second package, naming them: car1 and car2.
for each activty i assigned the proper carpenter.
to get resource allocation diagrame should i print the carpenter usage profile? but isn’t that cummulative, i mean i need in the first day 1 car, in the second day 2 car, in third 1, so if they worked in the same zone the total number will be 2 carpenter, but if i used the usage profile in p6 it will show that i need 4 carpenter?
how can i get the total number of carpenters in the whole project ?
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Replies

Tue, 2010-03-09 15:00
#1
Rafael Davila
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Samer,

As always, thanks for your references.

Best regards,
Rafael
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Tue, 2010-03-09 13:30
#2
Samer Zawaydeh
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Dear Rafael,

FYI:
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With kind regards,

Samer

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Tue, 2010-03-09 00:25
#3
Samer Zawaydeh
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Dear Rafael,

Thank you. The Schedule is the language of Planning. If your Schedule is representing the actual works at site, it will make sense to everyone involved in the project. Otherwise, whatever explanations you give would not make sense.

With kind regards,

Samer
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Mon, 2010-03-08 17:14
#4
Rafael Davila
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Samer,

I agree with you, the problem here is not everybody does, you should not be required to hide the true plan. Sabbah CM has objection to that, for the moment I am reserving my comments about his CM.

Some float should be reserved for the exclusive use of the Contractor, a reserve that should belong to him and that shall not be depleted by the Owner at the expense of the Contractor.

Best regards,
Rafael
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Mon, 2010-03-08 17:07
#5
Samer Zawaydeh
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Dear Rafael,

If the Contractor is going to finish early, then it is better to have a program saying that. The Program of Works should represent the actual works going at site. You can add a contingency of 5% depending on the project type.

The span of time between the completion of works and the end of Contract duration can be represented exactly with what the Contractor intends to do during that time.

With kind regards,

Samer
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Mon, 2010-03-08 15:08
#6
Rafael Davila
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Mike,

No way, better be embeded into the software, otherwise they are merely "warning" activities, you got to protect buffers when resource constraining.

"why not just extend the last duration of "MEP Test and commission" by a number of days and achieve the same result" - this is what we do at home, but this misses the fact that your Critical Path might vary, does not tells you about how your probabilities of success vary as the project moves forward, Critical Chain falls short here.

Best regards,
Rafael
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Mon, 2010-03-08 15:05
#7
Mike Testro
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Hi Rafael

Sorry I did not read the whole topic - but then again why not just extend the last duration of "MEP Test and commission" by a number of days and achieve the same result. (You are now going to tell me to look at thread ??#)

It is possible to set up chain buffers in any software by pretending it is a hammock.

Best regards

Mike Testro.
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Mon, 2010-03-08 14:59
#8
Rafael Davila
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Mike,

From my post #3; "If the contract is based on new British standard forms maybe you are lucky and can schedule for early completion with the remaining time as a buffer." This was because of the SCL Protocol I heard before.

I completely agree, unfortunately here it is not the case. In the UK you can spell loud and clear about these buffers here we still have no other option than to keep two versions of the schedule.

Seems like in the UK you can use Asta Power Project Critical Chain Buffers, here the best option I have found is to keep two versions using Spider Project Risk Analysis functionality where all versions are automatically synchronized. I still believe Risk Analysis have a substantial edge over Critical Chain on the way buffers are handled.

I believe a Contractor have the right to schedule buffers in the way most appropriate for him, so for me Asta Power Project, Spider Project or even manually (if you can handle it manually) shall be accepted.

Best regards,
Rafael
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Mon, 2010-03-08 14:35
#9
Mike Testro
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Hi Sabah

I have come into this lively thread a bit late in the sequence.

However - if your true critical path finishes a bit earlier than the set completion date then just put in a buffer task labelled "Contractor’s Time Risk Contingency".

This procedure is accepted planning practice and endoresed by the SCL protocol - I don’t know if the other lot in US of A have got round to considering it yet.

Best regards

Mike Testro.
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Mon, 2010-03-08 14:04
#10
Rafael Davila
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See post #12 , "take it or leave it is at times the attitude".

shall read "most of the time" instead of "at times".

Contractors take the risk but most are law abiding, they expect the same on how the Government and his representative administer the contracts, here "common law" is part of our system, Government representatives shall follow "common law".

Well our courts have by "common law" make it a right for the Contractor to finish early on Federal Government Contracts, does not matter a penny if the Contract says otherwise with a few exceptions. Is the ruling of our Federal Courts, federal Judges are aware at times Government can be a bully as well as that there is always a possibility of corruption. It happens, our system is not perfect.

Best regards,
Rafael
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Mon, 2010-03-08 13:44
#11
Samer Zawaydeh
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Dear Rafael,

I am confident that if it is a Federal Conditions of Contract and not a private entity, it will be a balanced risk Contract.

You are correct in stating that the Employer representative might sway most or all the risk toward the Contractor side, it becomes more of an EPC and not a Design made by the Employer and Constructed by the Contractor.

In any event, the Contractor is in a RISKY BUSINESS. They are here to make money. That is why they take the risk. If they can’t take the risk, then they will be out of Contracting.

With kind regards,

Samer
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Mon, 2010-03-08 13:35
#12
Rafael Davila
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Samer,

The problem usually is that the Employer representative is the one that knowingly insist that the Owner shall include such clauses although unenforceable; they want to put the Contractor in a difficult situation to the advantage of the Owner.

This practice will continue until courts start to ask for a more professional behavior on part of the CM and make them liable to the Contractor and the Court for purposely creating a condition for a claim in Court.

The gap is indeed a problem and has not been resolved.

In any event the Contractor agreed to contract duration but he still has the right for early completion. Not everything written on a contract is enforceable. A Contract cannot be above the law and its interpretation.

Best regards,
Rafael
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Mon, 2010-03-08 13:18
#13
Samer Zawaydeh
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Dear Rafael,

The Employer representative can’t approve anything outside the clauses of the Condition of Contract, especially when representing the authorities. If the Contractor agreed to a Contract Duration, then this is part of the scope, time and cost constraints.

If this gap is actually a problem, then I am sure that the people reviewing the Condition of Contract would have picked it up over the years and closed it.

In any event, the Contractor must have well supported timely documentation in order to win a case like this.

With kind regards,

Samer

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Mon, 2010-03-08 11:35
#14
Rafael Davila
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Samer,

About the Contractor’s right to finish early maybe is by common law / "jurisprudence" not by a written law, or perhaps by Federal Regulations (FAR) that once approved have the effect of law. Sorry I do not have the specific reference, not a lawyer but the fact that in Federal Government Contracts the Contractor has the right to finish early here is kind of "Vox Populi" within the industry even when unscrupulous CM insist in writing clauses that say the contrary.

Best regards,
Rafael
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Mon, 2010-03-08 10:48
#15
Samer Zawaydeh
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Dear Rafael,

Thank you for the wounderful explanation. If you have a link to the Fedral Law where it states that you can claim. It would be interesting to read. I think that the Law office is just over stretching. It is business for them if they have a case and they can convince a Contractor that they can win.

What is standard practice in any place all over the world is to revert to the Law of the Country in which the project is being constructed. This is the standard practice that I am refering to. The Contract within the country should obey the Law of the Country. That is why, if the Contractor does not succeed within the COC regulations, and if they think that the Law permits it, they can take it to court.

With kind regards,

Samer
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Mon, 2010-03-08 09:46
#16
Rafael Davila
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Samer,

About the 1st article:

The prohibition is for Government contracts only, where the Government is very big and the Contractor cannot negotiate contract clauses under competitive bidding, take it or leave it is at times the attitude.

Because it is against a Federal Law, even if stated under a Federal Government contract the clause is invalid. Here you cannot contract what is against the law. Of course there are exceptions within the Law, most probably when Government contract not under competitive bidding or under other type of contracts, ie. not a Fixed Amount Contract or if a waiver was granted.

Keep in mind this is a Federal Law, has no application to State Government Contracting. But believe me is not uncommon to find abusive people at either Federal or State levels.

About the 2nd article:

Refers to Statutory Laws particular to each State, here we have 50 states plus a few territories, each with its own point of view, a State Legislature and a State Supreme Court. Here it is not standard practice; on the contrary it is the exception. In order to make the no damage for delays clauses unenforceable each State must legislate to make it illegal. In Puerto Rico it is not prohibited so we have some Government Agencies that include these clauses while other does not.

Best regards,
Rafael
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Mon, 2010-03-08 08:45
#17
Samer Zawaydeh
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Dear Rafael,

I highly appreciate the 1st article. But if you can refer the to clause in the State Law when they state that:

"If the contract does not contain a provision with regard to a bonus and the government accelerates the completion date of the contract, the contractor may be entitled to an adjustment of the contract price if the contractor completes the project prior to its scheduled completion date."

Unless this is clearly states somewhere in the Condition of Contract, Local, State or Fedral Law, then how are they going to claim it? Since the Contactor review the bid documents and did not state any complaint, then I do not see how they will claim for extra money. A sound and logical claim based on the Country’s law has to be submitted.

The second article is standard practice.

With kind regards,

Samer
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Mon, 2010-03-08 06:11
#18
Rafael Davila
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Samer,

In our system the Contractor has a right to finish early unless specifically stated otherwise.

http://www.andersonquinn.com/legal-updates/Construction-Law/?launch_pg=N...

If I am ahead of schedule does the Owner has a right to delay me, and what if again I accelerate to avoid heavy liquidated damages and get ahead again by on month, does this means he can delay me another extra month for free. Because of this most courts recognize the right of the Contractor to finish early.

Here the Contractor is responsible for his own delays no matter whether ahead or behind, by the same token the Owner is responsible for his delays no matter if the job is ahead or behind schedule.

The best way to avoid the issue is by having a schedule for purpose of the Job CPM evaluation and a kind of "accelerated" schedule for the purpose of targeting with the knowledge there are probabilities it will be finished latter, hopefully within Contract time.

Any clause that prevents the Contractor from Claims against the Owner caused delays, known as no damage for delay clauses, although valid are seen with bad eyes by our judges, and the Owner as well as the Contractor cannot be sure how it will be interpreted.

Because of this some states have passed laws against such abusive clauses.

http://www.ralaw.com/event.cfm?sp=publication&id=243

Burn the CM alive.

Best regards,
Rafael
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Mon, 2010-03-08 01:02
#19
Samer Zawaydeh
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Hi Rafael,

I found this article that might shed some light on why the CM must reject the early date.

www.pubs.asce.org/WWWdisplay.cgi?9400167

Once the CM approves the early date, and if the Contractor is late and is going to complete ON TIME, the Contractor might claim for delay even if it was the original Contract duration!

With kind regards,

Samer
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Sun, 2010-03-07 17:36
#20
Samer Zawaydeh
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Dear Rafael,

We work under a modified version of FIDIC in Jordan. This is regulated by the Housing Authority. If the Design is done by the Employer, we use the FIDIC RED BOOK.

It is wounderful to have more than one version of the program. But I have not heard of a submittal of more than one Program of Works to the Engineer. Contractually, that is the copy that has to be reviewed and approved.

Of course, it is better to submit "The Most Likey" version of the project, since the expected variation would be the least expected.

On the other hand, if the Employer Representative would accept three version of the Program; Pessimistic, Most Likely, Optimistic, it would be something to consider.

With kind regards,

Samer
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Sun, 2010-03-07 17:25
#21
Rafael Davila
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Samer,

Maybe Rola is not working under FDIC, or maybe the CM does not understand it.

Keeping two versions of a job is automatic in Spider Project, updates are synchronized and you can use the Most Probable as the Contractual Schedule while the Optimistic Schedule can be your early target in the hope of finishing within the most probable.

By the way it synchronizes three schedules not two. You can even make your updates on any version and the other two will be updated.

Best regards,
Rafael
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Sun, 2010-03-07 17:04
#22
Samer Zawaydeh
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Dear Rola,

Correct.
For Electrical works:
1st Fix: Empty Conduit
2nd Fix: Wiring
3rd Fix: Fixture

For Mechanical works
1st Fix: Empty Conduit
2nd Fix: NOT AVAILABLE (Some people might disagree and request you to include the conduit for the Sanitary PEX piping in kitchens and bathroom as 2nd fix)
3rd Fix: Fixtures

You need to put these categories in your cover page when submitting the Schedule. This is usually a few pages you submit with the Schedule stating the assumptions that you made. Very Important to submit. Everyone will read this, and if it turns out that an assumption is not correct, you can modify the Schedule without too much disagreement.

With kind regards,

Samer
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Sun, 2010-03-07 16:57
#23
Rola Sabbah
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samer
regarding the first and second fix:
first fix: coduits within slab or wall.
Second fix: sleeves and cables above slab and under tiles, or above false ceiling
right?
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Sun, 2010-03-07 16:35
#24
Samer Zawaydeh
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Dear Rafael,

The FIDIC does not have any specification for the Program. It just states that you have to submit a Program of Works within 28 days from the Commencement date. No Level of detail specified, no specifications.

Having to maintain two version of the program is not something easy to do, and will be very identifiable. Actually, if something wrong happens, the Contractor would have the wrong version approved! Not a good practice to follow I hope you agree.

With kind regards,

Samer
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Sun, 2010-03-07 16:17
#25
Rafael Davila
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Rola,

Most probably the CM is either American or USA trained. Here in the USA and its territories most CPM specifications prohibit scheduling with early finish or this might automatically mean a reduction in contract time. Have to do also with interpretations of the contract law, but I still would blame our CPM gurus who advocate for the wrong thing.

Our gurus thought CPM was never too optimistic and that you should target to contract completion date. They never read the book on how yoga exercises on the production floor increases productivity now they are hooked on a new book; believe they call it High Performance Organization by Mr. B.S. known in my barrio as Mr. Bull Droppings.

Recommend you keep two versions of your schedule, don’t try to explain the logic to them, will never get it. Trying to explain to them a schedule duration is statistically variable as activity durations are statistically variable is too much for them.

Here on this side of the Atlantic I have to live with this every day.

If the contract is based on new British standard forms maybe you are lucky and can schedule for early completion with the remaining time as a buffer.

Best regards,
Rafael
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Sun, 2010-03-07 15:40
#26
Samer Zawaydeh
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Dear Rola,

1. You can finish whenever you want. That is better for the Contractor if they can because they will save on overhead, and actually make money. In order not to do the work again, keep the schedule as it is and add an activity call it "Project Float" before the finish milestone.

2. Agree. Empty conduits are 1st fix.

3. You need to present the required category per month. Usually a Vertical Bar Chart would be nice. Keep it simple. Listen to what they want and submit it. Keep a footnote remark saying that "This is estimated required resources at the time of preparing the Schedule. Required resources will be provided to achieve project requirements"
If you give them a chart stating quantities without saying that it is an estimate and it will be developed later on, then you will be subjecting yourself to future trouble in case of delays.

With kind regards,

Samer
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