Forensic Claims Analysis

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Preparation of Entitlement Programme for EOT

T
TII WS 👤 Member for 16 years 4 months

Hi,

I am preparing an entitlement programme for EOT. I have no problem with that as the delay is due to the main contractor delaying their structural work. purely a employer risk event.

I calculated the start variance between their current master programme with the previous one. I add on this variance to my programme date to dovetail their schedule.

Is that the right way to do so ? Also kindly advice what should I write in my transmittal letter to the contractor

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Mark as actual or remove activities

J
John Power 👤 Member for 16 years 2 months

Hi all

Whilst creating a baseline to use as a claim for EOT there are certain activities that were in the original baseline that are now no longer necessary.

Initially they were to be removed but it has been mentioned this will disrupt the logic, so there has been suggestion of marking the planned dates as actuals.

What are your thoughts on which would be the preferred method.

Many thanks

John

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Schedule Impact Analysis

J
jeferry sim 👤 Member for 18 years 3 months

Dear gentlemen,

I am in the midst of cracking my head because of the schedule impact i need to prepare in order for my company to take legal action towards our sub con.  Going on, I am compiling the contract between

1. Main Con & subcon contract

2. Daily manpower & manhours 

3. Approved planning package procedure for Client & Main Con (to develop Additive Modeling).

4. Official weather report from government deparment.

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Replacement of Engineer

Daars

We have been employed under the Yellow FIDIC. The Employer wants to replace the Engineer with himself. To our understanding, this is a shift from Yellow to Silver Book.

I need to know, if this kind of replacement is allowed under the Yellow. Please note that the Sub Clause 3.4 [Replacement of Engineer] is intact in Particular Conditions. What kind of arguments, I can put to the Employer as my objections for such replacement.

 

Best Regards

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Delay Assessment

I have just finishes a small set of papers dealing with the options for delay assessment at a very basic level (to explain the options to lawyers…)  the papers cover:

-  Assessing Delay and Disruption - an overview of the accepted methods of forensic schedule analysis

-  Prolongation, Disruption and Acceleration Costs - an overview of the options for calculating costs associated with approved delays and acceleration

-  The complexities around concurrent and parallel delays

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LD risk for late start but completion on time

T
TII WS 👤 Member for 16 years 4 months

Hi,

I have one question.

I am working on a building project with many nominated sub contractor by main contractor

If I did not start my construction on time as per client master programme, but I can finish my job on time or earlier. Am I liable for LD ? Bear in mind that my delay or late start has a signiificant impact on other contractor who are my successor and their rate of progress cannot keep up with me.

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As Late as Possible (ROS)

J
Jay S 👤 Member for 17 years 11 months

We have a Task called ROS (Required on site date)

Normally we apply a as late as possible constriant on this task,

The Task Predacessor is delivery to site

Task Successor is Construction with a Lag (The Theory being that we want everything on ste 2 to 6 weeks prior to use)

I have been advised that a ALAP constriant is not acceptable in a Court case so I am not allowed to use it.

Is this TRUE ? 

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impacted as planned method & critical path change during the project period

Do you think that the critical path change during the project,

If you Say no, that’s mean you like to use the method of (impact as planned) for delay analysis.

If you say yes, that’s mean you like to use the method of (Time Impact Analysis) for delay analysis.

 

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AACE 29R-03

AACE 29R-03 is flawed:

http://www.virginiadot.org/business/resources/const/AACE_Recommended_Practice_Forensic_Schedule_Impact_Analysis-29R-03.pdf

1) AACE 29R-03 makes continuous reference to float values instead of just using the software to show cause and effect which shall be the same, no matter if your software can or cannot display correct resource leveled float values.

It is wrongfully biased in favor of Primavera products, iro

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