Schedule Delay Analysis (Is that Agreement)
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Oct 20, 2025
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About This Presentation
Schedule Delay Analysis (Is that Agreement)
Slide Content
©James G. Zack, Jr., 2003
1
SCHEDULE DELAY SCHEDULE DELAY
ANALYSIS ANALYSIS
Is There Agreement? Is There Agreement?
James G. Zack, Jr. James G. Zack, Jr.
CCM, PMP CCM, PMP
1
SCHEDULE DELAY SCHEDULE DELAY
ANALYSIS ANALYSIS
Is There Agreement? Is There Agreement?
James G. Zack, Jr. James G. Zack, Jr.
CCM, PMP CCM, PMP
©James G. Zack, Jr., 2003
2
Introduction Introduction
✔✔
Purpose of presentation Purpose of presentation
●●
Explore issue upon which there is little Explore issue upon which there is little
agreement amongst professional schedulers agreement amongst professional schedulers
✔✔
Is there more then one way to perform Is there more then one way to perform
schedule delay analysis? schedule delay analysis?
●●
Corollary: Is there a “correct” way? Corollary: Is there a “correct” way?
✔✔
There are multiple delay analysis There are multiple delay analysis
techniques -- techniques --
●●
Is one way better than all others? Is one way better than all others?
2
Introduction Introduction
✔✔
Purpose of presentation Purpose of presentation
●●
Explore issue upon which there is little Explore issue upon which there is little
agreement amongst professional schedulers agreement amongst professional schedulers
✔✔
Is there more then one way to perform Is there more then one way to perform
schedule delay analysis? schedule delay analysis?
●●
Corollary: Is there a “correct” way? Corollary: Is there a “correct” way?
✔✔
There are multiple delay analysis There are multiple delay analysis
techniques -- techniques --
●●
Is one way better than all others? Is one way better than all others?
©James G. Zack, Jr., 2003
3
Purpose of Delay Analysis? Purpose of Delay Analysis?
✔✔
Purpose of schedule delay Purpose of schedule delay
analysis is to determine… analysis is to determine…
●●
What What happened
happened
on the project? on the project?
●●
WhenWhen
& & how
how
did event(s) impact did event(s) impact
the schedule? the schedule?
●●
Who Who caused
caused
the event(s)? the event(s)?
●●
What What relief
relief
is provided for in the is provided for in the
contract for these event(s)? contract for these event(s)?
●●
Is Is time or money
time or money
owed? owed?
✎✎If so, by whom & to whom If so, by whom & to whom
3
Purpose of Delay Analysis? Purpose of Delay Analysis?
✔✔
Purpose of schedule delay Purpose of schedule delay
analysis is to determine… analysis is to determine…
●●
What What happened
happened
on the project? on the project?
●●
WhenWhen
& & how
how
did event(s) impact did event(s) impact
the schedule? the schedule?
●●
Who Who caused
caused
the event(s)? the event(s)?
●●
What What relief
relief
is provided for in the is provided for in the
contract for these event(s)? contract for these event(s)?
●●
Is Is time or money
time or money
owed? owed?
✎✎If so, by whom & to whom If so, by whom & to whom
©James G. Zack, Jr., 2003
4
How is Delay Analysis Conducted? How is Delay Analysis Conducted?
✔✔
From project records & participants From project records & participants
●●
Ascertain & document facts & dates Ascertain & document facts & dates
●●
Apply facts to schedule impartially Apply facts to schedule impartially
✎✎But, But, which
which
schedule & in what manner? schedule & in what manner?
●●
Calculate resulting impact to schedule Calculate resulting impact to schedule
●●
Allocate responsibility for delay(s), if any Allocate responsibility for delay(s), if any
●●
Quantify time impacts by party Quantify time impacts by party
●●
Apply contract rules Apply contract rules
✎✎Assess & calculate damages Assess & calculate damages
4
How is Delay Analysis Conducted? How is Delay Analysis Conducted?
✔✔
From project records & participants From project records & participants
●●
Ascertain & document facts & dates Ascertain & document facts & dates
●●
Apply facts to schedule impartially Apply facts to schedule impartially
✎✎But, But, which
which
schedule & in what manner? schedule & in what manner?
●●
Calculate resulting impact to schedule Calculate resulting impact to schedule
●●
Allocate responsibility for delay(s), if any Allocate responsibility for delay(s), if any
●●
Quantify time impacts by party Quantify time impacts by party
●●
Apply contract rules Apply contract rules
✎✎Assess & calculate damages Assess & calculate damages
©James G. Zack, Jr., 2003
5
First Issue: What is Delay? First Issue: What is Delay?
✔✔
Generally Generally
●●
“Delay” = Impact to end date of contract “Delay” = Impact to end date of contract
✔✔
But, must look to contract language But, must look to contract language
●●
“Delay” may = “impact to critical path” “Delay” may = “impact to critical path”
●●
“Delay” may = “delayed early completion” “Delay” may = “delayed early completion”
●●
“Delay” may = “float consumption” “Delay” may = “float consumption”
●●
“Delay” may = “start later than planned” “Delay” may = “start later than planned”
●●
“Delay” may = “disruption leading to impacts” “Delay” may = “disruption leading to impacts”
✔✔
“Delay” often “Delay” often not
not
defined defined
(not even in textbooks) (not even in textbooks)
●●
Frequently in the eye of the beholder Frequently in the eye of the beholder
5
First Issue: What is Delay? First Issue: What is Delay?
✔✔
Generally Generally
●●
“Delay” = Impact to end date of contract “Delay” = Impact to end date of contract
✔✔
But, must look to contract language But, must look to contract language
●●
“Delay” may = “impact to critical path” “Delay” may = “impact to critical path”
●●
“Delay” may = “delayed early completion” “Delay” may = “delayed early completion”
●●
“Delay” may = “float consumption” “Delay” may = “float consumption”
●●
“Delay” may = “start later than planned” “Delay” may = “start later than planned”
●●
“Delay” may = “disruption leading to impacts” “Delay” may = “disruption leading to impacts”
✔✔
“Delay” often “Delay” often not
not
defined defined
(not even in textbooks) (not even in textbooks)
●●
Frequently in the eye of the beholder Frequently in the eye of the beholder
©James G. Zack, Jr., 2003
6
Let’s Agree Let’s Agree
✔✔
“Delay” = Act or event which extends “Delay” = Act or event which extends
time required to perform or complete time required to perform or complete
work of the contract work of the contract
✔✔
Manifests itself as Manifests itself as additional days
additional days
of work of work
●●
Either with or without a corresponding Either with or without a corresponding
change in work scope change in work scope
●●
It may or may not extend schedule for It may or may not extend schedule for
performing entire scope of work performing entire scope of work
6
Let’s Agree Let’s Agree
✔✔
“Delay” = Act or event which extends “Delay” = Act or event which extends
time required to perform or complete time required to perform or complete
work of the contract work of the contract
✔✔
Manifests itself as Manifests itself as additional days
additional days
of work of work
●●
Either with or without a corresponding Either with or without a corresponding
change in work scope change in work scope
●●
It may or may not extend schedule for It may or may not extend schedule for
performing entire scope of work performing entire scope of work
©James G. Zack, Jr., 2003
7
Who Cares? Who Cares?
✔✔
Owners Owners
●●
Determination of Determination of cause of delay
cause of delay
can cause can cause
payment
payment
of delay damages to contractor or of delay damages to contractor or
collection
collection
of delay damages from contractor of delay damages from contractor
●●
Payment may be limited to time Payment may be limited to time
extension only extension only
✎✎As in case of No Damage for As in case of No Damage for
Delay Clause Delay Clause
✔✔
Contractors Contractors
●●
Same reasons, opposite concerns Same reasons, opposite concerns
7
Who Cares? Who Cares?
✔✔
Owners Owners
●●
Determination of Determination of cause of delay
cause of delay
can cause can cause
payment
payment
of delay damages to contractor or of delay damages to contractor or
collection
collection
of delay damages from contractor of delay damages from contractor
●●
Payment may be limited to time Payment may be limited to time
extension only extension only
✎✎As in case of No Damage for As in case of No Damage for
Delay Clause Delay Clause
✔✔
Contractors Contractors
●●
Same reasons, opposite concerns Same reasons, opposite concerns
©James G. Zack, Jr., 2003
8
Second Issue: Causes of Delay? Second Issue: Causes of Delay?
✔✔
GGenerally
enerally
, only 4 causes in contracts , only 4 causes in contracts
●●
Owner Owner
✎✎Including “agents” like designers, CM’s, etc. Including “agents” like designers, CM’s, etc.
●●
Contractor Contractor
✎✎Including subs, suppliers, vendors, etc. Including subs, suppliers, vendors, etc.
●●
Neither (Force Majeure Delay) Neither (Force Majeure Delay)
✎✎Unforeseen event over which there is Unforeseen event over which there is no control
no control
●●
Both (Concurrent Delay) Both (Concurrent Delay)
✎✎Owner & contractor responsible for same delay or Owner & contractor responsible for same delay or
independent delays independent delays
8
Second Issue: Causes of Delay? Second Issue: Causes of Delay?
✔✔
GGenerally
enerally
, only 4 causes in contracts , only 4 causes in contracts
●●
Owner Owner
✎✎Including “agents” like designers, CM’s, etc. Including “agents” like designers, CM’s, etc.
●●
Contractor Contractor
✎✎Including subs, suppliers, vendors, etc. Including subs, suppliers, vendors, etc.
●●
Neither (Force Majeure Delay) Neither (Force Majeure Delay)
✎✎Unforeseen event over which there is Unforeseen event over which there is no control
no control
●●
Both (Concurrent Delay) Both (Concurrent Delay)
✎✎Owner & contractor responsible for same delay or Owner & contractor responsible for same delay or
independent delays independent delays
©James G. Zack, Jr., 2003
9 Third Issue: Categories of Delay? Third Issue: Categories of Delay?
✔✔
Three Three general
general
categories of categories of
delay when performing delay when performing
schedule delay analysis schedule delay analysis
●●
Independent Delays Independent Delays
●●
Serial Delays Serial Delays
●●
Concurrent Delays Concurrent Delays
9 Third Issue: Categories of Delay? Third Issue: Categories of Delay?
✔✔
Three Three general
general
categories of categories of
delay when performing delay when performing
schedule delay analysis schedule delay analysis
●●
Independent Delays Independent Delays
●●
Serial Delays Serial Delays
●●
Concurrent Delays Concurrent Delays
©James G. Zack, Jr., 2003
10
Independent Delays Independent Delays
✔✔
Delays occurring in isolation Delays occurring in isolation
of one another of one another
✔✔
Not
Not
result of previous result of previous
delay(s) delay(s)
✔✔
Effect of independent delay Effect of independent delay
more easily calculated more easily calculated
✔✔
But, may be start of a serial But, may be start of a serial
delay delay
10
Independent Delays Independent Delays
✔✔
Delays occurring in isolation Delays occurring in isolation
of one another of one another
✔✔
Not
Not
result of previous result of previous
delay(s) delay(s)
✔✔
Effect of independent delay Effect of independent delay
more easily calculated more easily calculated
✔✔
But, may be start of a serial But, may be start of a serial
delay delay
©James G. Zack, Jr., 2003
11
Serial Delays Serial Delays
✔✔
Delay(s) arising as result of an earlier Delay(s) arising as result of an earlier
delay(s) in work delay(s) in work
✔✔
Examples -- Examples --
●●
Design error discovered Design error discovered
✎✎Work in field delayed Work in field delayed
✎✎Bad weather occurs when work finally started Bad weather occurs when work finally started
✎✎Delayed work later impacted by general labor Delayed work later impacted by general labor
strike strike
✔✔
Independent delay is the design error Independent delay is the design error
●●
Everything else is serial delay Everything else is serial delay
11
Serial Delays Serial Delays
✔✔
Delay(s) arising as result of an earlier Delay(s) arising as result of an earlier
delay(s) in work delay(s) in work
✔✔
Examples -- Examples --
●●
Design error discovered Design error discovered
✎✎Work in field delayed Work in field delayed
✎✎Bad weather occurs when work finally started Bad weather occurs when work finally started
✎✎Delayed work later impacted by general labor Delayed work later impacted by general labor
strike strike
✔✔
Independent delay is the design error Independent delay is the design error
●●
Everything else is serial delay Everything else is serial delay
©James G. Zack, Jr., 2003
12
Concurrent Delay Concurrent Delay
✔✔
Two or more Two or more
delaying events occur delaying events occur
●●
Caused by same or different parties Caused by same or different parties
✔✔
Either Either
event causes delay event causes delay
●●
Schedule delay results if either event arises Schedule delay results if either event arises
●●
Do Do not
not
have to be equal in duration have to be equal in duration
●●
But must overlap each other But must overlap each other to some extent
to some extent
✔✔
Also concurrent delay if events fall on Also concurrent delay if events fall on
parallel critical path activities parallel critical path activities
12
Concurrent Delay Concurrent Delay
✔✔
Two or more Two or more
delaying events occur delaying events occur
●●
Caused by same or different parties Caused by same or different parties
✔✔
Either Either
event causes delay event causes delay
●●
Schedule delay results if either event arises Schedule delay results if either event arises
●●
Do Do not
not
have to be equal in duration have to be equal in duration
●●
But must overlap each other But must overlap each other to some extent
to some extent
✔✔
Also concurrent delay if events fall on Also concurrent delay if events fall on
parallel critical path activities parallel critical path activities
©James G. Zack, Jr., 2003
13
Fourth Issue: Types of Delay? Fourth Issue: Types of Delay?
✔✔
Since multiple causes of delay & different Since multiple causes of delay & different
categories, are there different types of delay? categories, are there different types of delay?
✔✔
Types of delay Types of delay
●●
Float consumption Float consumption
●●
Inexcusable delay Inexcusable delay
●●
Excusable delay Excusable delay
●●
Compensable delay Compensable delay
●●
Concurrent delay Concurrent delay
●●
Pacing delay Pacing delay
13
Fourth Issue: Types of Delay? Fourth Issue: Types of Delay?
✔✔
Since multiple causes of delay & different Since multiple causes of delay & different
categories, are there different types of delay? categories, are there different types of delay?
✔✔
Types of delay Types of delay
●●
Float consumption Float consumption
●●
Inexcusable delay Inexcusable delay
●●
Excusable delay Excusable delay
●●
Compensable delay Compensable delay
●●
Concurrent delay Concurrent delay
●●
Pacing delay Pacing delay
©James G. Zack, Jr., 2003
14
Types of Delay? Types of Delay?
✔✔
What does it matter? What does it matter?
●●
Isn’t a “delay” a “delay”? Isn’t a “delay” a “delay”?
●●
Why are schedulers so Why are schedulers so
hypertechnical? hypertechnical?
✔✔
Because the Because the type of delay
type of delay
controls the controls the flow of money
flow of money
✔✔
Consider delay types answer Consider delay types answer
questions questions
●●
Rely, generally, on government contract Rely, generally, on government contract
practices & Federal case law for presentation practices & Federal case law for presentation
14
Types of Delay? Types of Delay?
✔✔
What does it matter? What does it matter?
●●
Isn’t a “delay” a “delay”? Isn’t a “delay” a “delay”?
●●
Why are schedulers so Why are schedulers so
hypertechnical? hypertechnical?
✔✔
Because the Because the type of delay
type of delay
controls the controls the flow of money
flow of money
✔✔
Consider delay types answer Consider delay types answer
questions questions
●●
Rely, generally, on government contract Rely, generally, on government contract
practices & Federal case law for presentation practices & Federal case law for presentation
©James G. Zack, Jr., 2003
15
Float Consumption Delay Float Consumption Delay
✔✔
Typically Typically -- Activities started or completed -- Activities started or completed
later than planned
later than planned
●●
But, end date of schedule But, end date of schedule not
not
impacted impacted
✔✔
AKA = Non-controlling delay AKA = Non-controlling delay
✔✔
Typically results in... Typically results in...
●●
No
No
time extension time extension
●●
NoNo
extended overhead costs extended overhead costs
●●
However, impact or mitigation However, impact or mitigation
costs costs may
may
be recoverable be recoverable
✎✎If causal connection can be demonstrated If causal connection can be demonstrated
15
Float Consumption Delay Float Consumption Delay
✔✔
Typically Typically -- Activities started or completed -- Activities started or completed
later than planned
later than planned
●●
But, end date of schedule But, end date of schedule not
not
impacted impacted
✔✔
AKA = Non-controlling delay AKA = Non-controlling delay
✔✔
Typically results in... Typically results in...
●●
No
No
time extension time extension
●●
NoNo
extended overhead costs extended overhead costs
●●
However, impact or mitigation However, impact or mitigation
costs costs may
may
be recoverable be recoverable
✎✎If causal connection can be demonstrated If causal connection can be demonstrated
©James G. Zack, Jr., 2003
16
Float Consumption Delay Float Consumption Delay
✔✔
Rationale… Rationale…
●●
Project Project not
not
delayed delayed
●●
NoNo
time related costs incurred time related costs incurred
●●
But, impact & mitigation costs But, impact & mitigation costs
allowable
allowable
✎✎If cause & effect documented If cause & effect documented
& quantified & quantified
✎✎Or, if contract requires Or, if contract requires
contractor to mitigate all contractor to mitigate all
delays, critical path or not delays, critical path or not
16
Float Consumption Delay Float Consumption Delay
✔✔
Rationale… Rationale…
●●
Project Project not
not
delayed delayed
●●
NoNo
time related costs incurred time related costs incurred
●●
But, impact & mitigation costs But, impact & mitigation costs
allowable
allowable
✎✎If cause & effect documented If cause & effect documented
& quantified & quantified
✎✎Or, if contract requires Or, if contract requires
contractor to mitigate all contractor to mitigate all
delays, critical path or not delays, critical path or not
©James G. Zack, Jr., 2003
17
Inexcusable Delay Inexcusable Delay
✔✔
Typically -- Delay caused by contractor or Typically -- Delay caused by contractor or
subs, suppliers or vendors subs, suppliers or vendors at any tier
at any tier
●●
And, end date of schedule impacted And, end date of schedule impacted
✔✔
Examples Examples
●●
Failure to properly man project Failure to properly man project
●●
Failure to coordinate equipment, material Failure to coordinate equipment, material
deliveries deliveries
●●
Failure to provide submittals in timely manner Failure to provide submittals in timely manner
●●
Project mismanagement Project mismanagement
17
Inexcusable Delay Inexcusable Delay
✔✔
Typically -- Delay caused by contractor or Typically -- Delay caused by contractor or
subs, suppliers or vendors subs, suppliers or vendors at any tier
at any tier
●●
And, end date of schedule impacted And, end date of schedule impacted
✔✔
Examples Examples
●●
Failure to properly man project Failure to properly man project
●●
Failure to coordinate equipment, material Failure to coordinate equipment, material
deliveries deliveries
●●
Failure to provide submittals in timely manner Failure to provide submittals in timely manner
●●
Project mismanagement Project mismanagement
©James G. Zack, Jr., 2003
18
Inexcusable Delay Inexcusable Delay
✔✔
Typically results in… Typically results in…
●●
NoNo
time extension time extension
●●
NoNo
extended overhead costs extended overhead costs
●●
Imposition Imposition
of late completion of late completion
damages or acceleration to damages or acceleration to
make up lost time make up lost time
✔✔
Rationale… Rationale…
●●
Contractor caused delay Contractor caused delay
●●
Contractor pays price Contractor pays price
18
Inexcusable Delay Inexcusable Delay
✔✔
Typically results in… Typically results in…
●●
NoNo
time extension time extension
●●
NoNo
extended overhead costs extended overhead costs
●●
Imposition Imposition
of late completion of late completion
damages or acceleration to damages or acceleration to
make up lost time make up lost time
✔✔
Rationale… Rationale…
●●
Contractor caused delay Contractor caused delay
●●
Contractor pays price Contractor pays price
©James G. Zack, Jr., 2003
19
Excusable Delay Excusable Delay
✔✔
Typically -- Unforeseeable 3rd party Typically -- Unforeseeable 3rd party
caused delay or delay beyond control & caused delay or delay beyond control &
without fault or negligence of owner or without fault or negligence of owner or
contractor contractor
●●
And, end date of schedule impacted And, end date of schedule impacted
✔✔
Examples Examples
Acts of God Acts of GodActs of Government Acts of Government
Fires FiresActs of War Acts of War
Strikes StrikesFreight Embargoes Freight Embargoes
19
Excusable Delay Excusable Delay
✔✔
Typically -- Unforeseeable 3rd party Typically -- Unforeseeable 3rd party
caused delay or delay beyond control & caused delay or delay beyond control &
without fault or negligence of owner or without fault or negligence of owner or
contractor contractor
●●
And, end date of schedule impacted And, end date of schedule impacted
✔✔
Examples Examples
Acts of God Acts of GodActs of Government Acts of Government
Fires FiresActs of War Acts of War
Strikes StrikesFreight Embargoes Freight Embargoes
©James G. Zack, Jr., 2003
20
Excusable Delay Excusable Delay
✔✔
Typically results in… Typically results in…
●●
TimeTime
extension extension
●●
NoNo
extended overhead costs extended overhead costs
●●
Forgiveness Forgiveness
of late completion of late completion
damages for time allowed damages for time allowed
✔✔
But, watch for But, watch for exculpatory clauses
exculpatory clauses
✔✔
Rationale… Rationale…
●●
Neither party Neither party caused
caused
delay delay
●●
Neither party should Neither party should benefit
benefit
from delay from delay
●●
Neither party should be Neither party should be harmed
harmed
by delay by delay
20
Excusable Delay Excusable Delay
✔✔
Typically results in… Typically results in…
●●
TimeTime
extension extension
●●
NoNo
extended overhead costs extended overhead costs
●●
Forgiveness Forgiveness
of late completion of late completion
damages for time allowed damages for time allowed
✔✔
But, watch for But, watch for exculpatory clauses
exculpatory clauses
✔✔
Rationale… Rationale…
●●
Neither party Neither party caused
caused
delay delay
●●
Neither party should Neither party should benefit
benefit
from delay from delay
●●
Neither party should be Neither party should be harmed
harmed
by delay by delay
©James G. Zack, Jr., 2003
21
Compensable Delay Compensable Delay
✔✔
Typically -- Unforeseeable delay caused by Typically -- Unforeseeable delay caused by
owner or agent(s) or delay caused by owner or agent(s) or delay caused by
situation for which owner has accepted or situation for which owner has accepted or
assumed contractual liability assumed contractual liability
●●
And, end date of schedule impacted And, end date of schedule impacted
✔✔
Examples… Examples…
Change Orders Change OrdersWork Suspensions Work Suspensions
Delayed Responses Delayed ResponsesDiffering Site Conditions Differing Site Conditions
Parallel Prime Contractor Delays Parallel Prime Contractor Delays
21
Compensable Delay Compensable Delay
✔✔
Typically -- Unforeseeable delay caused by Typically -- Unforeseeable delay caused by
owner or agent(s) or delay caused by owner or agent(s) or delay caused by
situation for which owner has accepted or situation for which owner has accepted or
assumed contractual liability assumed contractual liability
●●
And, end date of schedule impacted And, end date of schedule impacted
✔✔
Examples… Examples…
Change Orders Change OrdersWork Suspensions Work Suspensions
Delayed Responses Delayed ResponsesDiffering Site Conditions Differing Site Conditions
Parallel Prime Contractor Delays Parallel Prime Contractor Delays
©James G. Zack, Jr., 2003
22
Compensable Delay Compensable Delay
✔✔
Typically results in… Typically results in…
●●
TimeTime
extension extension
●●
Extended overhead Extended overhead costs
costs
●●
Perhaps Perhaps
, profit & bond costs also , profit & bond costs also
✔✔
But, watch for But, watch for No Damage for Delay
No Damage for Delay
clauses clauses
●●
May preclude recovery of delay costs May preclude recovery of delay costs
✔✔
Rationale… Rationale…
●●
Owner cannot harm contractor with impunity Owner cannot harm contractor with impunity
●●
Unless contract provides for this result Unless contract provides for this result
22
Compensable Delay Compensable Delay
✔✔
Typically results in… Typically results in…
●●
TimeTime
extension extension
●●
Extended overhead Extended overhead costs
costs
●●
Perhaps Perhaps
, profit & bond costs also , profit & bond costs also
✔✔
But, watch for But, watch for No Damage for Delay
No Damage for Delay
clauses clauses
●●
May preclude recovery of delay costs May preclude recovery of delay costs
✔✔
Rationale… Rationale…
●●
Owner cannot harm contractor with impunity Owner cannot harm contractor with impunity
●●
Unless contract provides for this result Unless contract provides for this result
©James G. Zack, Jr., 2003
23
Concurrent Delay Concurrent Delay
✔✔
Typically -- Typically --
●●
Parallel critical paths Parallel critical paths
-- Multiple delays to -- Multiple delays to
activities on parallel critical paths within activities on parallel critical paths within
same timeframe same timeframe
●●
Single critical path
Single critical path
-- Multiple delays to -- Multiple delays to
single activity on crit ical path within same single activity on crit ical path within same
timeframe timeframe
●●
And, end date of schedule impacted by And, end date of schedule impacted by each
each
event event
✎✎Test
Test
= Put each event in schedule on its own to = Put each event in schedule on its own to
see if schedule end date moves see if schedule end date moves
23
Concurrent Delay Concurrent Delay
✔✔
Typically -- Typically --
●●
Parallel critical paths Parallel critical paths
-- Multiple delays to -- Multiple delays to
activities on parallel critical paths within activities on parallel critical paths within
same timeframe same timeframe
●●
Single critical path
Single critical path
-- Multiple delays to -- Multiple delays to
single activity on crit ical path within same single activity on crit ical path within same
timeframe timeframe
●●
And, end date of schedule impacted by And, end date of schedule impacted by each
each
event event
✎✎Test
Test
= Put each event in schedule on its own to = Put each event in schedule on its own to
see if schedule end date moves see if schedule end date moves
©James G. Zack, Jr., 2003
24
Concurrent Delay Concurrent Delay ✔✔
Examples… Examples…
●●
Change order at same time Change order at same time
as late equipment delivery as late equipment delivery
●●
Weather impact at same time Weather impact at same time
as differing site condition as differing site condition
encountered encountered
●●
Late response to an RFI or Late response to an RFI or
submittal at same time as a submittal at same time as a
labor strike labor strike
24
Concurrent Delay Concurrent Delay ✔✔
Examples… Examples…
●●
Change order at same time Change order at same time
as late equipment delivery as late equipment delivery
●●
Weather impact at same time Weather impact at same time
as differing site condition as differing site condition
encountered encountered
●●
Late response to an RFI or Late response to an RFI or
submittal at same time as a submittal at same time as a
labor strike labor strike
©James G. Zack, Jr., 2003
25
Concurrent Delay Concurrent Delay
✔✔
Typical results… Typical results…
●●
Contractor & owner delay Contractor & owner delay
((Inexcusable vs. Compensable Inexcusable vs. Compensable
))
✎✎“No Harm, No Foul” “No Harm, No Foul”
✎✎Time, Time, no
no
costs, costs, no
no
late completion damages late completion damages
●●
Multiple contractor delays Multiple contractor delays
((All Inexcusable All Inexcusable
))
✎✎No
No
time, time, no
no
costs, pay late completion damages or costs, pay late completion damages or
make up lost time make up lost time
●●
Multiple owner delays Multiple owner delays
((All Compensable
All Compensable
))
✎✎Time extension, extended overhead costs, Time extension, extended overhead costs, no
no
late late
completion damages completion damages
✎✎But only day-for-day delay But only day-for-day delay
25
Concurrent Delay Concurrent Delay
✔✔
Typical results… Typical results…
●●
Contractor & owner delay Contractor & owner delay
((Inexcusable vs. Compensable Inexcusable vs. Compensable
))
✎✎“No Harm, No Foul” “No Harm, No Foul”
✎✎Time, Time, no
no
costs, costs, no
no
late completion damages late completion damages
●●
Multiple contractor delays Multiple contractor delays
((All Inexcusable All Inexcusable
))
✎✎No
No
time, time, no
no
costs, pay late completion damages or costs, pay late completion damages or
make up lost time make up lost time
●●
Multiple owner delays Multiple owner delays
((All Compensable
All Compensable
))
✎✎Time extension, extended overhead costs, Time extension, extended overhead costs, no
no
late late
completion damages completion damages
✎✎But only day-for-day delay But only day-for-day delay
©James G. Zack, Jr., 2003
26
Concurrent Delay Concurrent Delay
●●
One delay One delay compensable
compensable
(change order or DSC) (change order or DSC)
while other delay while other delay excusable
excusable
(weather or strike) (weather or strike)
✎✎Time extension, Time extension, no
no
costs, costs, no
no
late completion damages late completion damages
✔✔
Rationale… Rationale…
●●
Differing causes yield differing results Differing causes yield differing results
✔✔
But… But…
●●
Review facts carefully & Review facts carefully &
●●
Review contract carefully Review contract carefully
✔✔
Issue is complicated by fact that there is... Issue is complicated by fact that there is...
26
Concurrent Delay Concurrent Delay
●●
One delay One delay compensable
compensable
(change order or DSC) (change order or DSC)
while other delay while other delay excusable
excusable
(weather or strike) (weather or strike)
✎✎Time extension, Time extension, no
no
costs, costs, no
no
late completion damages late completion damages
✔✔
Rationale… Rationale…
●●
Differing causes yield differing results Differing causes yield differing results
✔✔
But… But…
●●
Review facts carefully & Review facts carefully &
●●
Review contract carefully Review contract carefully
✔✔
Issue is complicated by fact that there is... Issue is complicated by fact that there is...
©James G. Zack, Jr., 2003
27
No Agreement on Concurrent Delay No Agreement on Concurrent Delay
N/AN/A
Excusable Excusable
Excusable Excusable
A Cost Effective Delay Analysis Technique A Cost Effective Delay Analysis Technique (Battikha & Alkass, 1994 AACE Transactions) (Battikha & Alkass, 1994 AACE Transactions)
N/AN/A
Excusable Excusable
Excusable Excusable
Delay Analysis: A Systematic Approach Delay Analysis: A Systematic Approach
(Reams, (Reams,
Cost Engineering 2/89) Cost Engineering 2/89)
N/AN/A
Excusable Excusable
Non-Excusable Non-Excusable
The Five Commandments of Construction The Five Commandments of Construction
Project Delay Analysis Project Delay Analysis
(Al-Saggaf, Cost Engineering, (Al-Saggaf, Cost Engineering,
4/98) 4/98)
Non-Excusable Non-Excusable
Excusable Excusable
Non-Excusable Non-Excusable
Construction Claims Monthly Construction Claims Monthly
(October, 1993) (October, 1993)
Excusable Excusable
Excusable Excusable
Non-Excusable Non-Excusable
Concurrent Delays – What Are They and How to Concurrent Delays – What Are They and How to
Deal With Them? Deal With Them?
(Baram, 2000 AACE transactions) (Baram, 2000 AACE transactions)
N/AN/A
Excusable Excusable
Non-Excusable Non-Excusable
Concurrent Delays in Construction Litigation Concurrent Delays in Construction Litigation (Arditi/Robinson, Cost Engineering, 7/95) (Arditi/Robinson, Cost Engineering, 7/95)
Excusable Excusable
Compensable Compensable
Excusable Excusable
Theories of Concurrent Delays Theories of Concurrent Delays
(Ponce de Leon, (Ponce de Leon,
1987 AACE Transactions) 1987 AACE Transactions)
Non-Excusable Non-Excusable
Excusable Excusable
Non-Excusable Non-Excusable
Construction Claims Monthly Construction Claims Monthly
(March 2002) (March 2002)
Compensable Compensable
Concurrent with Concurrent with
Non-Excusable Non-Excusable
Excusable Excusable
Concurrent with Concurrent with
Compensable Compensable
Excusable Excusable
Concurrent with Concurrent with
Non-Excusable Non-Excusable
Reprinted with permission from forthcoming paper, “Dissecting the Doctrine of Concurrent Delay”, Thomas F. Peters, 2003 AACEI T ransactions
27
No Agreement on Concurrent Delay No Agreement on Concurrent Delay
N/AN/A
Excusable Excusable
Excusable Excusable
A Cost Effective Delay Analysis Technique A Cost Effective Delay Analysis Technique (Battikha & Alkass, 1994 AACE Transactions) (Battikha & Alkass, 1994 AACE Transactions)
N/AN/A
Excusable Excusable
Excusable Excusable
Delay Analysis: A Systematic Approach Delay Analysis: A Systematic Approach
(Reams, (Reams,
Cost Engineering 2/89) Cost Engineering 2/89)
N/AN/A
Excusable Excusable
Non-Excusable Non-Excusable
The Five Commandments of Construction The Five Commandments of Construction
Project Delay Analysis Project Delay Analysis
(Al-Saggaf, Cost Engineering, (Al-Saggaf, Cost Engineering,
4/98) 4/98)
Non-Excusable Non-Excusable
Excusable Excusable
Non-Excusable Non-Excusable
Construction Claims Monthly Construction Claims Monthly
(October, 1993) (October, 1993)
Excusable Excusable
Excusable Excusable
Non-Excusable Non-Excusable
Concurrent Delays – What Are They and How to Concurrent Delays – What Are They and How to
Deal With Them? Deal With Them?
(Baram, 2000 AACE transactions) (Baram, 2000 AACE transactions)
N/AN/A
Excusable Excusable
Non-Excusable Non-Excusable
Concurrent Delays in Construction Litigation Concurrent Delays in Construction Litigation (Arditi/Robinson, Cost Engineering, 7/95) (Arditi/Robinson, Cost Engineering, 7/95)
Excusable Excusable
Compensable Compensable
Excusable Excusable
Theories of Concurrent Delays Theories of Concurrent Delays
(Ponce de Leon, (Ponce de Leon,
1987 AACE Transactions) 1987 AACE Transactions)
Non-Excusable Non-Excusable
Excusable Excusable
Non-Excusable Non-Excusable
Construction Claims Monthly Construction Claims Monthly
(March 2002) (March 2002)
Compensable Compensable
Concurrent with Concurrent with
Non-Excusable Non-Excusable
Excusable Excusable
Concurrent with Concurrent with
Compensable Compensable
Excusable Excusable
Concurrent with Concurrent with
Non-Excusable Non-Excusable
Reprinted with permission from forthcoming paper, “Dissecting the Doctrine of Concurrent Delay”, Thomas F. Peters, 2003 AACEI T ransactions
©James G. Zack, Jr., 2003
28
Pacing Delay Pacing Delay
✔✔
Typically -- Deceleration by one party in Typically -- Deceleration by one party in
reaction to actual or projected delay reaction to actual or projected delay
brought about by delay of other party brought about by delay of other party
●●
Generally, project end date Generally, project end date not
not
impacted impacted
✔✔
Examples… Examples…
●●
OFCI late, contractor OFCI late, contractor
demobilizes part of crew demobilizes part of crew
●●
Parallel prime late, Parallel prime late,
contractor slows down work contractor slows down work
28
Pacing Delay Pacing Delay
✔✔
Typically -- Deceleration by one party in Typically -- Deceleration by one party in
reaction to actual or projected delay reaction to actual or projected delay
brought about by delay of other party brought about by delay of other party
●●
Generally, project end date Generally, project end date not
not
impacted impacted
✔✔
Examples… Examples…
●●
OFCI late, contractor OFCI late, contractor
demobilizes part of crew demobilizes part of crew
●●
Parallel prime late, Parallel prime late,
contractor slows down work contractor slows down work
©James G. Zack, Jr., 2003
29
Pacing Delay Pacing Delay
✔✔
Typically results in… Typically results in…
●●
AN ARGUMENT AN ARGUMENT
!!
●●
Contractors have Contractors have legal right
legal right
to slow down to slow down
✎✎Not
Not
required to maintain original schedule in face of required to maintain original schedule in face of
owner delay owner delay
✎✎No
No
need to “hurry up and wait” need to “hurry up and wait”
●●
What is What is not
not
so clear is... so clear is...
✎✎Whether Whether compensation
compensation
flows from “business decision” flows from “business decision”
✔✔
Rationale… Rationale…
●●
One party causes delay, other mitigates own One party causes delay, other mitigates own
damages -- damages -- but
but
, is this compensable? , is this compensable?
29
Pacing Delay Pacing Delay
✔✔
Typically results in… Typically results in…
●●
AN ARGUMENT AN ARGUMENT
!!
●●
Contractors have Contractors have legal right
legal right
to slow down to slow down
✎✎Not
Not
required to maintain original schedule in face of required to maintain original schedule in face of
owner delay owner delay
✎✎No
No
need to “hurry up and wait” need to “hurry up and wait”
●●
What is What is not
not
so clear is... so clear is...
✎✎Whether Whether compensation
compensation
flows from “business decision” flows from “business decision”
✔✔
Rationale… Rationale…
●●
One party causes delay, other mitigates own One party causes delay, other mitigates own
damages -- damages -- but
but
, is this compensable? , is this compensable?
©James G. Zack, Jr., 2003
30
Delay Analysis Techniques Delay Analysis Techniques
✔✔
Generally accepted schedule delay Generally accepted schedule delay
analysis techniques include analysis techniques include
●●
As-Planned vs. As-Built As-Planned vs. As-Built
●●
Impacted As-Planned Impacted As-Planned
●●
Collapsed As-Built Collapsed As-Built
●●
Schedule Window Analysis Schedule Window Analysis
30
Delay Analysis Techniques Delay Analysis Techniques
✔✔
Generally accepted schedule delay Generally accepted schedule delay
analysis techniques include analysis techniques include
●●
As-Planned vs. As-Built As-Planned vs. As-Built
●●
Impacted As-Planned Impacted As-Planned
●●
Collapsed As-Built Collapsed As-Built
●●
Schedule Window Analysis Schedule Window Analysis
©James G. Zack, Jr., 2003
31
Delay Analysis Techniques Delay Analysis Techniques
✔✔
Delay analysis rational, objective & Delay analysis rational, objective &
mathematical, right? mathematical, right?
●●
Why should owner care what Why should owner care what
technique is used? technique is used?
●●
Since it’s mathematical, all Since it’s mathematical, all
techniques render same results, techniques render same results,
right? right?
✔✔
Let’s use a simple case study to answer Let’s use a simple case study to answer
these questions these questions
31
Delay Analysis Techniques Delay Analysis Techniques
✔✔
Delay analysis rational, objective & Delay analysis rational, objective &
mathematical, right? mathematical, right?
●●
Why should owner care what Why should owner care what
technique is used? technique is used?
●●
Since it’s mathematical, all Since it’s mathematical, all
techniques render same results, techniques render same results,
right? right?
✔✔
Let’s use a simple case study to answer Let’s use a simple case study to answer
these questions these questions
©James G. Zack, Jr., 2003
32
Case Study -- Model Home Case Study -- Model Home
Project Project
32
Case Study -- Model Home Case Study -- Model Home
Project Project
©James G. Zack, Jr., 2003
33
AS-PLANNED SCHEDULE
33
AS-PLANNED SCHEDULE
©James G. Zack, Jr., 2003
34
Project History Project History
✔✔
Contractor encounters Contractor encounters
unforeseen rock in week 2 unforeseen rock in week 2
●●
3 week delay results 3 week delay results
✔✔
Owner suspends work 2 weeks after walls Owner suspends work 2 weeks after walls
started in week 11 started in week 11
●●
Indecision on windows causes 2 week delay Indecision on windows causes 2 week delay
✔✔
Framing subcontractor abandons job after Framing subcontractor abandons job after
working 2 weeks on house & garage walls working 2 weeks on house & garage walls
●●
3 week delay to replace framing sub 3 week delay to replace framing sub
34
Project History Project History
✔✔
Contractor encounters Contractor encounters
unforeseen rock in week 2 unforeseen rock in week 2
●●
3 week delay results 3 week delay results
✔✔
Owner suspends work 2 weeks after walls Owner suspends work 2 weeks after walls
started in week 11 started in week 11
●●
Indecision on windows causes 2 week delay Indecision on windows causes 2 week delay
✔✔
Framing subcontractor abandons job after Framing subcontractor abandons job after
working 2 weeks on house & garage walls working 2 weeks on house & garage walls
●●
3 week delay to replace framing sub 3 week delay to replace framing sub
©James G. Zack, Jr., 2003
35
Project History Project History
✔✔
Owner late selecting finishes -- Owner late selecting finishes --
Not done until week 19 vs. Not done until week 19 vs.
week 1 as-planned week 1 as-planned
●●
6 week delay results 6 week delay results
✔✔
Contractor late completing interior finishes Contractor late completing interior finishes
●●
2 week extended duration results 2 week extended duration results
✔✔
Contractor late completing garage walls Contractor late completing garage walls
●●
1 week extended duration results 1 week extended duration results
35
Project History Project History
✔✔
Owner late selecting finishes -- Owner late selecting finishes --
Not done until week 19 vs. Not done until week 19 vs.
week 1 as-planned week 1 as-planned
●●
6 week delay results 6 week delay results
✔✔
Contractor late completing interior finishes Contractor late completing interior finishes
●●
2 week extended duration results 2 week extended duration results
✔✔
Contractor late completing garage walls Contractor late completing garage walls
●●
1 week extended duration results 1 week extended duration results
©James G. Zack, Jr., 2003
36
Project History Project History
✔✔
Owner changes mind on Owner changes mind on
garage doors & requests garage doors & requests
different doors different doors
●●
4 week delay results 4 week delay results
✔✔
Final result
Final result
●●
16 week project as-planned 16 week project as-planned
●●
24 week project as-built 24 week project as-built
●●
_8 week delay _8 week delay
36
Project History Project History
✔✔
Owner changes mind on Owner changes mind on
garage doors & requests garage doors & requests
different doors different doors
●●
4 week delay results 4 week delay results
✔✔
Final result
Final result
●●
16 week project as-planned 16 week project as-planned
●●
24 week project as-built 24 week project as-built
●●
_8 week delay _8 week delay
©James G. Zack, Jr., 2003
37
AS-BUILT SCHEDULE
37
AS-BUILT SCHEDULE
©James G. Zack, Jr., 2003
38
As-Planned vs. As-Built As-Planned vs. As-Built
✔✔
AKA = Total Time Schedules AKA = Total Time Schedules
✔✔
Methodology Methodology
●●
Recover or recreate as-planned schedule Recover or recreate as-planned schedule
●●
Recover or create as-built schedule Recover or create as-built schedule
●●
Calculate difference between schedules Calculate difference between schedules
●●
Differential = Delay owed by other side Differential = Delay owed by other side
●●
Find or identify events caused by other side Find or identify events caused by other side
to “explain” difference in end dates to “explain” difference in end dates
38
As-Planned vs. As-Built As-Planned vs. As-Built
✔✔
AKA = Total Time Schedules AKA = Total Time Schedules
✔✔
Methodology Methodology
●●
Recover or recreate as-planned schedule Recover or recreate as-planned schedule
●●
Recover or create as-built schedule Recover or create as-built schedule
●●
Calculate difference between schedules Calculate difference between schedules
●●
Differential = Delay owed by other side Differential = Delay owed by other side
●●
Find or identify events caused by other side Find or identify events caused by other side
to “explain” difference in end dates to “explain” difference in end dates
©James G. Zack, Jr., 2003
39
AS-BUILT SCHEDULE WITH DELAYS
39
AS-BUILT SCHEDULE WITH DELAYS
©James G. Zack, Jr., 2003
40
As-Planned vs. As-Built As-Planned vs. As-Built
✔✔
Delay calculation = Delay calculation =
24 week actual duration 24 week actual duration
- 16 week
- 16 week
planned duration planned duration
8 week delay 8 week delay
✔✔
Delay based on Delay based on
●●
Unexpected rock = 3 weeks Unexpected rock = 3 weeks
●●
Reconsider window design = 1 week Reconsider window design = 1 week
●●
Revise/re-order garage doors = 4 weeks Revise/re-order garage doors = 4 weeks
40
As-Planned vs. As-Built As-Planned vs. As-Built
✔✔
Delay calculation = Delay calculation =
24 week actual duration 24 week actual duration
- 16 week
- 16 week
planned duration planned duration
8 week delay 8 week delay
✔✔
Delay based on Delay based on
●●
Unexpected rock = 3 weeks Unexpected rock = 3 weeks
●●
Reconsider window design = 1 week Reconsider window design = 1 week
●●
Revise/re-order garage doors = 4 weeks Revise/re-order garage doors = 4 weeks
©James G. Zack, Jr., 2003
41
As-Planned vs. As-Built As-Planned vs. As-Built
✔✔
Comments on technique Comments on technique
●●
Fast & easy to prepare Fast & easy to prepare
●●
Inexpensive Inexpensive
●●
Overly simplistic Overly simplistic
✎✎“Total time approach” “Total time approach”
●●
Mathematical computation only Mathematical computation only
✎✎Little or no entitlement analysis Little or no entitlement analysis
●●
Does Does not
not
put delays in context of when they put delays in context of when they
occurred occurred
●●
Easily challenged Easily challenged
41
As-Planned vs. As-Built As-Planned vs. As-Built
✔✔
Comments on technique Comments on technique
●●
Fast & easy to prepare Fast & easy to prepare
●●
Inexpensive Inexpensive
●●
Overly simplistic Overly simplistic
✎✎“Total time approach” “Total time approach”
●●
Mathematical computation only Mathematical computation only
✎✎Little or no entitlement analysis Little or no entitlement analysis
●●
Does Does not
not
put delays in context of when they put delays in context of when they
occurred occurred
●●
Easily challenged Easily challenged
©James G. Zack, Jr., 2003
42
As-Planned vs. As-Built As-Planned vs. As-Built
✔✔
Is technique acceptable today? Is technique acceptable today?
●●
In negotiation -- In negotiation --
✎✎No rules No rules
✎✎If
If
contractor can convince other side, OK contractor can convince other side, OK
●●
In mediation & arbitration -- In mediation & arbitration --
✎✎No formal rules No formal rules
✎✎Mediators & arbitrators tend to take everything in Mediators & arbitrators tend to take everything in
& “give it the weight properly due” & “give it the weight properly due”
✎✎Contractor Contractor probably
probably
can use technique can use technique
––But, if mediator or arbitr ator knows scheduling, a very But, if mediator or arbitr ator knows scheduling, a very
hard sell hard sell
42
As-Planned vs. As-Built As-Planned vs. As-Built
✔✔
Is technique acceptable today? Is technique acceptable today?
●●
In negotiation -- In negotiation --
✎✎No rules No rules
✎✎If
If
contractor can convince other side, OK contractor can convince other side, OK
●●
In mediation & arbitration -- In mediation & arbitration --
✎✎No formal rules No formal rules
✎✎Mediators & arbitrators tend to take everything in Mediators & arbitrators tend to take everything in
& “give it the weight properly due” & “give it the weight properly due”
✎✎Contractor Contractor probably
probably
can use technique can use technique
––But, if mediator or arbitr ator knows scheduling, a very But, if mediator or arbitr ator knows scheduling, a very
hard sell hard sell
©James G. Zack, Jr., 2003
43
As-Planned vs. As-Built As-Planned vs. As-Built
●●
In litigation -- In litigation --
✎✎Since “total time” technique, contractor must meet Since “total time” technique, contractor must meet
following elements of proof following elements of proof
––As-planned schedule reasonable & achievable As-planned schedule reasonable & achievable
––Contractor substantially followed schedule logic Contractor substantially followed schedule logic
––Contractor mitigated damages to maximum extent Contractor mitigated damages to maximum extent
practicable practicable
––Contractor not liable for any delay events Contractor not liable for any delay events
✎✎If
If
contractor can meet legal burden, contractor can meet legal burden, may
may
be able to be able to
use technique use technique
––Analogous to “total cost” claim tests Analogous to “total cost” claim tests
43
As-Planned vs. As-Built As-Planned vs. As-Built
●●
In litigation -- In litigation --
✎✎Since “total time” technique, contractor must meet Since “total time” technique, contractor must meet
following elements of proof following elements of proof
––As-planned schedule reasonable & achievable As-planned schedule reasonable & achievable
––Contractor substantially followed schedule logic Contractor substantially followed schedule logic
––Contractor mitigated damages to maximum extent Contractor mitigated damages to maximum extent
practicable practicable
––Contractor not liable for any delay events Contractor not liable for any delay events
✎✎If
If
contractor can meet legal burden, contractor can meet legal burden, may
may
be able to be able to
use technique use technique
––Analogous to “total cost” claim tests Analogous to “total cost” claim tests
©James G. Zack, Jr., 2003
44
Impacted As-Planned Impacted As-Planned
✔✔
AKA = As-Planned + Delay Schedules AKA = As-Planned + Delay Schedules
✔✔
Methodology Methodology
●●
Recover or recreate as-planned schedule Recover or recreate as-planned schedule
●●
Determine which delay event(s) ( Determine which delay event(s) (caused by other
caused by other
sideside
) drove schedule extension ) drove schedule extension
●●
Add delay event(s) to as-planned schedule Add delay event(s) to as-planned schedule
✎✎Maximize compensable vs. excusable delay Maximize compensable vs. excusable delay
●●
Recalculate schedule duration Recalculate schedule duration
●●
Determine time extension & compensation owed Determine time extension & compensation owed
& liquidated damages, if any & liquidated damages, if any
✎✎May need to “balance” analysis (to match facts & May need to “balance” analysis (to match facts &
alleviate concurrency) alleviate concurrency)
44
Impacted As-Planned Impacted As-Planned
✔✔
AKA = As-Planned + Delay Schedules AKA = As-Planned + Delay Schedules
✔✔
Methodology Methodology
●●
Recover or recreate as-planned schedule Recover or recreate as-planned schedule
●●
Determine which delay event(s) ( Determine which delay event(s) (caused by other
caused by other
sideside
) drove schedule extension ) drove schedule extension
●●
Add delay event(s) to as-planned schedule Add delay event(s) to as-planned schedule
✎✎Maximize compensable vs. excusable delay Maximize compensable vs. excusable delay
●●
Recalculate schedule duration Recalculate schedule duration
●●
Determine time extension & compensation owed Determine time extension & compensation owed
& liquidated damages, if any & liquidated damages, if any
✎✎May need to “balance” analysis (to match facts & May need to “balance” analysis (to match facts &
alleviate concurrency) alleviate concurrency)
©James G. Zack, Jr., 2003
45
AS-PLANNED W/OWNER-CAUSED DELAY
45
AS-PLANNED W/OWNER-CAUSED DELAY
©James G. Zack, Jr., 2003
46
Impacted As-Planned Impacted As-Planned
✔✔
Contractor’s delay calculation = Contractor’s delay calculation =
●●
As-planned duration As-planned duration==16 weeks 16 weeks
●●
Unexpected rock delay Unexpected rock delay== 3 weeks 3 weeks
●●
Reconsider windows Reconsider windows== 1 week 1 week
●●
Revise garage doors Revise garage doors== 2 weeks 2 weeks
New duration New duration==23 weeks 23 weeks
Actual duration Actual duration==24 weeks 24 weeks
●●
Compensable Delay Compensable Delay == 7 weeks 7 weeks
●●
Liquidated Damages Liquidated Damages== 1 week * 1 week *
* *
Since cannot be “explained” this must be the conclusion Since cannot be “explained” this must be the conclusion
46
Impacted As-Planned Impacted As-Planned
✔✔
Contractor’s delay calculation = Contractor’s delay calculation =
●●
As-planned duration As-planned duration==16 weeks 16 weeks
●●
Unexpected rock delay Unexpected rock delay== 3 weeks 3 weeks
●●
Reconsider windows Reconsider windows== 1 week 1 week
●●
Revise garage doors Revise garage doors== 2 weeks 2 weeks
New duration New duration==23 weeks 23 weeks
Actual duration Actual duration==24 weeks 24 weeks
●●
Compensable Delay Compensable Delay == 7 weeks 7 weeks
●●
Liquidated Damages Liquidated Damages== 1 week * 1 week *
* *
Since cannot be “explained” this must be the conclusion Since cannot be “explained” this must be the conclusion
©James G. Zack, Jr., 2003
47
Impacted As-Planned Impacted As-Planned
✔✔
Comments on technique Comments on technique
●●
Fast, easy to prepare & relatively inexpensive Fast, easy to prepare & relatively inexpensive
●●
Logic of technique Logic of technique may
may
exaggerate delay impacts exaggerate delay impacts
●●
One-sided view One-sided view
✎✎Contractor inserts owner-caused delays only Contractor inserts owner-caused delays only
✎✎Preferential logic Preferential logic may
may
exaggerate delays exaggerate delays
●●
Fundamental weaknesses Fundamental weaknesses
✎✎Assumes as-planned schedule free of flaws Assumes as-planned schedule free of flaws
✎✎Assumes contractor always followed schedule logic Assumes contractor always followed schedule logic
✎✎Assumes owner responsible for all delays on job Assumes owner responsible for all delays on job
47
Impacted As-Planned Impacted As-Planned
✔✔
Comments on technique Comments on technique
●●
Fast, easy to prepare & relatively inexpensive Fast, easy to prepare & relatively inexpensive
●●
Logic of technique Logic of technique may
may
exaggerate delay impacts exaggerate delay impacts
●●
One-sided view One-sided view
✎✎Contractor inserts owner-caused delays only Contractor inserts owner-caused delays only
✎✎Preferential logic Preferential logic may
may
exaggerate delays exaggerate delays
●●
Fundamental weaknesses Fundamental weaknesses
✎✎Assumes as-planned schedule free of flaws Assumes as-planned schedule free of flaws
✎✎Assumes contractor always followed schedule logic Assumes contractor always followed schedule logic
✎✎Assumes owner responsible for all delays on job Assumes owner responsible for all delays on job
©James G. Zack, Jr., 2003
48
Impacted As-Planned Impacted As-Planned
✔✔
Is technique acceptable today? Is technique acceptable today?
●●
In negotiation -- In negotiation --
✎✎No rules No rules
✎✎If
If
contractor can convince other side, OK contractor can convince other side, OK
●●
In mediation & arbitration In mediation & arbitration
✎✎No formal rules No formal rules
✎✎Mediators & arbitrators tend to accept everything Mediators & arbitrators tend to accept everything
into evidence & “give it the weight properly due” into evidence & “give it the weight properly due”
✎✎Contractor Contractor may
may
be able to use technique be able to use technique
––But if mediator or arbitr ator knows scheduling, a very But if mediator or arbitr ator knows scheduling, a very
hard sell hard sell
48
Impacted As-Planned Impacted As-Planned
✔✔
Is technique acceptable today? Is technique acceptable today?
●●
In negotiation -- In negotiation --
✎✎No rules No rules
✎✎If
If
contractor can convince other side, OK contractor can convince other side, OK
●●
In mediation & arbitration In mediation & arbitration
✎✎No formal rules No formal rules
✎✎Mediators & arbitrators tend to accept everything Mediators & arbitrators tend to accept everything
into evidence & “give it the weight properly due” into evidence & “give it the weight properly due”
✎✎Contractor Contractor may
may
be able to use technique be able to use technique
––But if mediator or arbitr ator knows scheduling, a very But if mediator or arbitr ator knows scheduling, a very
hard sell hard sell
©James G. Zack, Jr., 2003
49
Impacted As-Planned Impacted As-Planned
●●
In litigation -- In litigation --
✎✎Contractor will have to overcome Contractor will have to overcome
objections & prove following objections & prove following
––As-planned schedule reasonable, achievable & without As-planned schedule reasonable, achievable & without
material errors material errors
––Contractor never materially deviated from schedule logic Contractor never materially deviated from schedule logic
––Owner responsible for all delays & contractor not Owner responsible for all delays & contractor not
responsible for offsetting, concurrent or other delays responsible for offsetting, concurrent or other delays
✎✎If
If
contractor can meet legal burden, contractor can meet legal burden, may
may
be able to be able to
use technique in litigation use technique in litigation
––Case law does Case law does not
not
categorically deny validity of technique categorically deny validity of technique
––Circumstances rarely occur Circumstances rarely occur
49
Impacted As-Planned Impacted As-Planned
●●
In litigation -- In litigation --
✎✎Contractor will have to overcome Contractor will have to overcome
objections & prove following objections & prove following
––As-planned schedule reasonable, achievable & without As-planned schedule reasonable, achievable & without
material errors material errors
––Contractor never materially deviated from schedule logic Contractor never materially deviated from schedule logic
––Owner responsible for all delays & contractor not Owner responsible for all delays & contractor not
responsible for offsetting, concurrent or other delays responsible for offsetting, concurrent or other delays
✎✎If
If
contractor can meet legal burden, contractor can meet legal burden, may
may
be able to be able to
use technique in litigation use technique in litigation
––Case law does Case law does not
not
categorically deny validity of technique categorically deny validity of technique
––Circumstances rarely occur Circumstances rarely occur
©James G. Zack, Jr., 2003
50
Impacted As-Planned Impacted As-Planned
✔✔
Inherent risk in using technique which is Inherent risk in using technique which is
not as obvious or easily applied in other not as obvious or easily applied in other
delay analysis techniques delay analysis techniques
✔✔
What is risk? What is risk?
●●
Owner can turn schedule Owner can turn schedule
analysis around using same analysis around using same
technique technique
●●
End up with different result End up with different result
50
Impacted As-Planned Impacted As-Planned
✔✔
Inherent risk in using technique which is Inherent risk in using technique which is
not as obvious or easily applied in other not as obvious or easily applied in other
delay analysis techniques delay analysis techniques
✔✔
What is risk? What is risk?
●●
Owner can turn schedule Owner can turn schedule
analysis around using same analysis around using same
technique technique
●●
End up with different result End up with different result
©James G. Zack, Jr., 2003
51
AS-PLANNED W/CONTR-CAUSED DELAY
51
AS-PLANNED W/CONTR-CAUSED DELAY
©James G. Zack, Jr., 2003
52
Impacted As-Planned Impacted As-Planned
✔✔
Owner’s delay calculation = Owner’s delay calculation =
●●
As-planned duration As-planned duration==16 weeks 16 weeks
●●
Replace carpenters Replace carpenters== 3 weeks 3 weeks
●●
Extended finishes Extended finishes== 2 weeks 2 weeks
New duration New duration==21 weeks 21 weeks
Actual duration Actual duration==24 weeks 24 weeks
●●
Liquidated Damages Liquidated Damages== 5 weeks 5 weeks
●●
Compensable Delay Compensable Delay == 3 weeks * 3 weeks *
* *
Since cannot be “explained” this must be the conclusion Since cannot be “explained” this must be the conclusion
52
Impacted As-Planned Impacted As-Planned
✔✔
Owner’s delay calculation = Owner’s delay calculation =
●●
As-planned duration As-planned duration==16 weeks 16 weeks
●●
Replace carpenters Replace carpenters== 3 weeks 3 weeks
●●
Extended finishes Extended finishes== 2 weeks 2 weeks
New duration New duration==21 weeks 21 weeks
Actual duration Actual duration==24 weeks 24 weeks
●●
Liquidated Damages Liquidated Damages== 5 weeks 5 weeks
●●
Compensable Delay Compensable Delay == 3 weeks * 3 weeks *
* *
Since cannot be “explained” this must be the conclusion Since cannot be “explained” this must be the conclusion
©James G. Zack, Jr., 2003
53
Collapsed As-Built Collapsed As-Built
✔✔
AKA -- “But For” Schedules AKA -- “But For” Schedules
✔✔
Methodology Methodology
●●
Recover or create as-built schedule Recover or create as-built schedule
●●
Identify owner-caused delays Identify owner-caused delays
●●
Remove owner-caused delays Remove owner-caused delays
✎✎Leave delay activities, zero out durations Leave delay activities, zero out durations
●●
Recalculate schedule to determine new Recalculate schedule to determine new
completion date completion date
✎✎“But for” actions of owner, contractor would have “But for” actions of owner, contractor would have
finished no later than this date finished no later than this date
●●
Calculate delay & late completion damages Calculate delay & late completion damages
53
Collapsed As-Built Collapsed As-Built
✔✔
AKA -- “But For” Schedules AKA -- “But For” Schedules
✔✔
Methodology Methodology
●●
Recover or create as-built schedule Recover or create as-built schedule
●●
Identify owner-caused delays Identify owner-caused delays
●●
Remove owner-caused delays Remove owner-caused delays
✎✎Leave delay activities, zero out durations Leave delay activities, zero out durations
●●
Recalculate schedule to determine new Recalculate schedule to determine new
completion date completion date
✎✎“But for” actions of owner, contractor would have “But for” actions of owner, contractor would have
finished no later than this date finished no later than this date
●●
Calculate delay & late completion damages Calculate delay & late completion damages
©James G. Zack, Jr., 2003
54
Collapsed As-Built Method Collapsed As-Built Method
12345678910111213
Tot. Delays = 2 Mos Tot. Delays = 2 Mos
As-Built Schedule As-Built w/Owner Delays As-Built Duration “But For” Owner Delays
Fndtns Grading Steel Cladding;Roof Framing; MEP Drywall Finishes P
unch
/C
loseout
Delay
1/2 Mo.
Delay
1/2 Mo.
Delay
1/2 Mo.
Delay
1/2 Mo.
54
Collapsed As-Built Method Collapsed As-Built Method
12345678910111213
Tot. Delays = 2 Mos Tot. Delays = 2 Mos
As-Built Schedule As-Built w/Owner Delays As-Built Duration “But For” Owner Delays
Fndtns Grading Steel Cladding;Roof Framing; MEP Drywall Finishes P
unch
/C
loseout
Delay
1/2 Mo.
Delay
1/2 Mo.
Delay
1/2 Mo.
Delay
1/2 Mo.
©James G. Zack, Jr., 2003
55
“BUT-FOR” OWNER CAUSED DELAY
55
“BUT-FOR” OWNER CAUSED DELAY
©James G. Zack, Jr., 2003
56
Collapsed As-Built Collapsed As-Built
✔✔
Delay calculation = Delay calculation =
●●
Actual duration Actual duration ==24 weeks 24 weeks
●●
Less owner-caused delays Less owner-caused delays
✎✎Garage door delay Garage door delay== 3 weeks 3 weeks
●●
Compensable Delay Compensable Delay == 3 weeks 3 weeks
●●
Liquidated Damages Liquidated Damages== 5 weeks * 5 weeks *
* *
Since cannot be “explained” this must be the conclusion Since cannot be “explained” this must be the conclusion
56
Collapsed As-Built Collapsed As-Built
✔✔
Delay calculation = Delay calculation =
●●
Actual duration Actual duration ==24 weeks 24 weeks
●●
Less owner-caused delays Less owner-caused delays
✎✎Garage door delay Garage door delay== 3 weeks 3 weeks
●●
Compensable Delay Compensable Delay == 3 weeks 3 weeks
●●
Liquidated Damages Liquidated Damages== 5 weeks * 5 weeks *
* *
Since cannot be “explained” this must be the conclusion Since cannot be “explained” this must be the conclusion
©James G. Zack, Jr., 2003
57
Collapsed As-Built Collapsed As-Built
✔✔
Comments on technique Comments on technique
●●
Requires good, as-built data ( Requires good, as-built data ( starts, finishes, logic starts, finishes, logic ))
●●
Assumes existence of as-built critical path which Assumes existence of as-built critical path which
can be discerned by schedule analyst can be discerned by schedule analyst
●●
Does not put delays in context of when actually Does not put delays in context of when actually
occurred occurred
●●
Scheduler chooses critical path & delays to extract Scheduler chooses critical path & delays to extract
●●
Methodology, application of technique & Methodology, application of technique &
objectivity of analyst all open to criticism objectivity of analyst all open to criticism **
**
See D.G. Quackenbush, See D.G. Quackenbush, How to Analyze and
How to Analyze and
Attack Collapsed As-Built Schedule Analysis Attack Collapsed As-Built Schedule Analysis
, 1996 , 1996
57
Collapsed As-Built Collapsed As-Built
✔✔
Comments on technique Comments on technique
●●
Requires good, as-built data ( Requires good, as-built data ( starts, finishes, logic starts, finishes, logic ))
●●
Assumes existence of as-built critical path which Assumes existence of as-built critical path which
can be discerned by schedule analyst can be discerned by schedule analyst
●●
Does not put delays in context of when actually Does not put delays in context of when actually
occurred occurred
●●
Scheduler chooses critical path & delays to extract Scheduler chooses critical path & delays to extract
●●
Methodology, application of technique & Methodology, application of technique &
objectivity of analyst all open to criticism objectivity of analyst all open to criticism **
**
See D.G. Quackenbush, See D.G. Quackenbush, How to Analyze and
How to Analyze and
Attack Collapsed As-Built Schedule Analysis Attack Collapsed As-Built Schedule Analysis
, 1996 , 1996
©James G. Zack, Jr., 2003
58
Collapsed As-Built Collapsed As-Built
✔✔
Is technique acceptable today? Is technique acceptable today?
●●
In negotiation -- In negotiation --
✎✎Definitely
Definitely
●●
In mediation & arbitration -- In mediation & arbitration --
✎✎Well accepted
Well accepted
technique recognized by most technique recognized by most
mediators & arbitrators mediators & arbitrators
●●
In litigation -- In litigation --
✎✎If can overcome challenges to application of If can overcome challenges to application of
technique & credibility of schedule analyst technique & credibility of schedule analyst
✎✎Most likely
Most likely
to be accepted to be accepted
58
Collapsed As-Built Collapsed As-Built
✔✔
Is technique acceptable today? Is technique acceptable today?
●●
In negotiation -- In negotiation --
✎✎Definitely
Definitely
●●
In mediation & arbitration -- In mediation & arbitration --
✎✎Well accepted
Well accepted
technique recognized by most technique recognized by most
mediators & arbitrators mediators & arbitrators
●●
In litigation -- In litigation --
✎✎If can overcome challenges to application of If can overcome challenges to application of
technique & credibility of schedule analyst technique & credibility of schedule analyst
✎✎Most likely
Most likely
to be accepted to be accepted
©James G. Zack, Jr., 2003
59
Schedule Window Analysis Schedule Window Analysis
✔✔
Methodology Methodology
●●
Recover or recreate as-planned schedule Recover or recreate as-planned schedule
✎✎Adjust, if necessary, to reflect original plan Adjust, if necessary, to reflect original plan
●●
Select “ Select “meaningful periods meaningful periods” for analysis ” for analysis
●●
Enter Enter actual progress
actual progress
of of first period
first period
into into
as-planned schedule as-planned schedule
●●
Recalculate schedule to Recalculate schedule to
determine if delay results determine if delay results
✎✎If so, analyze for causation If so, analyze for causation
✎✎Assign responsibility Assign responsibility
59
Schedule Window Analysis Schedule Window Analysis
✔✔
Methodology Methodology
●●
Recover or recreate as-planned schedule Recover or recreate as-planned schedule
✎✎Adjust, if necessary, to reflect original plan Adjust, if necessary, to reflect original plan
●●
Select “ Select “meaningful periods meaningful periods” for analysis ” for analysis
●●
Enter Enter actual progress
actual progress
of of first period
first period
into into
as-planned schedule as-planned schedule
●●
Recalculate schedule to Recalculate schedule to
determine if delay results determine if delay results
✎✎If so, analyze for causation If so, analyze for causation
✎✎Assign responsibility Assign responsibility
©James G. Zack, Jr., 2003
60
Schedule Window Analysis Schedule Window Analysis
●●
Copy schedule as “baseline” for Copy schedule as “baseline” for next period
next period
to be analyzed to be analyzed
●●
Repeat process as many times as necessary Repeat process as many times as necessary
to complete schedule analysis to complete schedule analysis
✔✔
Methodology also referred to as Methodology also referred to as
●●
Time Impact Analysis Time Impact Analysis
(VA & NASA) (VA & NASA)
●●
Contemporaneous Period Analysis Contemporaneous Period Analysis
(Schumacher) (Schumacher)
●●
Snapshot Methodology Snapshot Methodology
(USACOE) (USACOE)
✔✔
Regardless of nomenclature Regardless of nomenclature
●●
All function in same basic manner All function in same basic manner
60
Schedule Window Analysis Schedule Window Analysis
●●
Copy schedule as “baseline” for Copy schedule as “baseline” for next period
next period
to be analyzed to be analyzed
●●
Repeat process as many times as necessary Repeat process as many times as necessary
to complete schedule analysis to complete schedule analysis
✔✔
Methodology also referred to as Methodology also referred to as
●●
Time Impact Analysis Time Impact Analysis
(VA & NASA) (VA & NASA)
●●
Contemporaneous Period Analysis Contemporaneous Period Analysis
(Schumacher) (Schumacher)
●●
Snapshot Methodology Snapshot Methodology
(USACOE) (USACOE)
✔✔
Regardless of nomenclature Regardless of nomenclature
●●
All function in same basic manner All function in same basic manner
©James G. Zack, Jr., 2003
61
CPA METHOD WINDOW #1
61
CPA METHOD WINDOW #1
©James G. Zack, Jr., 2003
62
Schedule Window #1 Schedule Window #1
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
62
Schedule Window #1 Schedule Window #1
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
©James G. Zack, Jr., 2003
63
CPA METHOD WINDOW #2
63
CPA METHOD WINDOW #2
©James G. Zack, Jr., 2003
64
Schedule Window #2 Schedule Window #2
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
2 8 19 0 0 0 0 No Delay during Period
64
Schedule Window #2 Schedule Window #2
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
2 8 19 0 0 0 0 No Delay during Period
©James G. Zack, Jr., 2003
65
CPA METHOD WINDOW #3
65
CPA METHOD WINDOW #3
©James G. Zack, Jr., 2003
66
Schedule Window #3 Schedule Window #3
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
2 8 19 0 0 0 0 No Delay during Period
3 13 22 3 1 2 0 Framing Contractor left job
Owner indecision on Windows
66
Schedule Window #3 Schedule Window #3
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
2 8 19 0 0 0 0 No Delay during Period
3 13 22 3 1 2 0 Framing Contractor left job
Owner indecision on Windows
©James G. Zack, Jr., 2003
67
CPA METHOD WINDOW #4
67
CPA METHOD WINDOW #4
©James G. Zack, Jr., 2003
68
Schedule Window #4 Schedule Window #4
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
2 8 19 0 0 0 0 No Delay during Period
3 13 22 3 1 2 0 Framing Contractor left job
Owner indecision on Windows
4 17 22 0 0 0 0 Extended Garage Walls
Not on Critical Path
68
Schedule Window #4 Schedule Window #4
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
2 8 19 0 0 0 0 No Delay during Period
3 13 22 3 1 2 0 Framing Contractor left job
Owner indecision on Windows
4 17 22 0 0 0 0 Extended Garage Walls
Not on Critical Path
©James G. Zack, Jr., 2003
69
CPA METHOD WINDOW #5
69
CPA METHOD WINDOW #5
©James G. Zack, Jr., 2003
70
Schedule Window #5 Schedule Window #5
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
2 8 19 0 0 0 0 No Delay during Period
3 13 22 3 1 2 0 Framing Contractor left job
Owner indecision on Windows
4 17 22 0 0 0 0 Extended Garage Walls
Not on Critical Path
5 21 24 2 0 0 2 Owner revised Garage Doors
TOTALS 8 1 2 5
70
Schedule Window #5 Schedule Window #5
UPDATE SCHEDULE PROJECT SLIP DELAYS
NUMBER DATE COMPLETION DURING NON EXCUSABLE EXCUSABLE REMARKS
(WEEK NO.) (WEEK NO.) PERIOD EXCUSABLE NONCOMPENS COMPENSABLE
00 1600 0 0
1 4 19 3 0 0 3 Unforeseen Site Condition
2 8 19 0 0 0 0 No Delay during Period
3 13 22 3 1 2 0 Framing Contractor left job
Owner indecision on Windows
4 17 22 0 0 0 0 Extended Garage Walls
Not on Critical Path
5 21 24 2 0 0 2 Owner revised Garage Doors
TOTALS 8 1 2 5
©James G. Zack, Jr., 2003
71
Schedule Window Analysis Schedule Window Analysis
✔✔
Comments on technique Comments on technique
●●
Expensive & time consuming Expensive & time consuming
●●
Accurate, but... Accurate, but...
✎✎Heavily reliant
Heavily reliant
on accurate on accurate
project records project records
✎✎Most reliable
Most reliable
when analyst has when analyst has
access to records of both parties access to records of both parties
●●
Puts delays in context of time & Puts delays in context of time &
circumstance of when they occurred circumstance of when they occurred
●●
Excellent for arbitration or litigation Excellent for arbitration or litigation
71
Schedule Window Analysis Schedule Window Analysis
✔✔
Comments on technique Comments on technique
●●
Expensive & time consuming Expensive & time consuming
●●
Accurate, but... Accurate, but...
✎✎Heavily reliant
Heavily reliant
on accurate on accurate
project records project records
✎✎Most reliable
Most reliable
when analyst has when analyst has
access to records of both parties access to records of both parties
●●
Puts delays in context of time & Puts delays in context of time &
circumstance of when they occurred circumstance of when they occurred
●●
Excellent for arbitration or litigation Excellent for arbitration or litigation
©James G. Zack, Jr., 2003
72
Schedule Window Analysis Schedule Window Analysis
✔✔
Is technique acceptable today? Is technique acceptable today?
●●
In negotiation -- In negotiation --
✎✎Definitely
Definitely
●●
In mediation & arbitration -- In mediation & arbitration --
✎✎Definitely
Definitely
✎✎But, analyst must demonstrate data reliable But, analyst must demonstrate data reliable
●●
In litigation -- In litigation --
✎✎Most likely
Most likely
✎✎Analyst must survive voir dire & Daubert tests Analyst must survive voir dire & Daubert tests
✎✎Analysis must show data reliable & all used Analysis must show data reliable & all used
72
Schedule Window Analysis Schedule Window Analysis
✔✔
Is technique acceptable today? Is technique acceptable today?
●●
In negotiation -- In negotiation --
✎✎Definitely
Definitely
●●
In mediation & arbitration -- In mediation & arbitration --
✎✎Definitely
Definitely
✎✎But, analyst must demonstrate data reliable But, analyst must demonstrate data reliable
●●
In litigation -- In litigation --
✎✎Most likely
Most likely
✎✎Analyst must survive voir dire & Daubert tests Analyst must survive voir dire & Daubert tests
✎✎Analysis must show data reliable & all used Analysis must show data reliable & all used
©James G. Zack, Jr., 2003
73
Results of Different Delay Results of Different Delay
Analysis Techniques Analysis Techniques
Analytical Technique Analytical Technique
Excusable Excusable
Compensable Inexcusable Total Compensable Inexcusable Total
As-Planned vs. As-Built As-Planned vs. As-Built 8 8 8 8
Impacted AP: Owner Delay 7 1 8 Impacted AP: Owner Delay 7 1 8
Impacted AP: Contractor Delay 3 5 8 Impacted AP: Contractor Delay 3 5 8
Collapsed As-Built 3 5 8 Collapsed As-Built 3 5 8
Schedule Window Analysis 2 5 1 8 Schedule Window Analysis 2 5 1 8
73
Results of Different Delay Results of Different Delay
Analysis Techniques Analysis Techniques
Analytical Technique Analytical Technique
Excusable Excusable
Compensable Inexcusable Total Compensable Inexcusable Total
As-Planned vs. As-Built As-Planned vs. As-Built 8 8 8 8
Impacted AP: Owner Delay 7 1 8 Impacted AP: Owner Delay 7 1 8
Impacted AP: Contractor Delay 3 5 8 Impacted AP: Contractor Delay 3 5 8
Collapsed As-Built 3 5 8 Collapsed As-Built 3 5 8
Schedule Window Analysis 2 5 1 8 Schedule Window Analysis 2 5 1 8
©James G. Zack, Jr., 2003
74
Conclusions Conclusions
✔✔
Back to question, should we care which Back to question, should we care which
delay analysis technique is used? delay analysis technique is used?
●●
Definitely! Definitely!
✔✔
Are all techniques the same? Are all techniques the same?
●●
Definitely not! Definitely not!
✔✔
Is one better than all others? Is one better than all others?
●●
Probably not Probably not
●●
There are inherent problems in all techniques There are inherent problems in all techniques
74
Conclusions Conclusions
✔✔
Back to question, should we care which Back to question, should we care which
delay analysis technique is used? delay analysis technique is used?
●●
Definitely! Definitely!
✔✔
Are all techniques the same? Are all techniques the same?
●●
Definitely not! Definitely not!
✔✔
Is one better than all others? Is one better than all others?
●●
Probably not Probably not
●●
There are inherent problems in all techniques There are inherent problems in all techniques
©James G. Zack, Jr., 2003
75
Conclusions Conclusions
✔✔
Key to success in Key to success in
performance of schedule performance of schedule
delay analysis delay analysis
●●
Reliable data & project Reliable data & project
documentation documentation
●●
Professionalism & objectivity Professionalism & objectivity
of schedule analyst of schedule analyst
✔✔
These key drivers are more These key drivers are more
critical than delay analysis critical than delay analysis
technique technique
75
Conclusions Conclusions
✔✔
Key to success in Key to success in
performance of schedule performance of schedule
delay analysis delay analysis
●●
Reliable data & project Reliable data & project
documentation documentation
●●
Professionalism & objectivity Professionalism & objectivity
of schedule analyst of schedule analyst
✔✔
These key drivers are more These key drivers are more
critical than delay analysis critical than delay analysis
technique technique
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