EOT Tricks and Traps

Dr. Anamaria Popescu,PE,PMP,PSP

McLachlan Lister - Hill International Australia

May 23, 2012

EOTs? Avoiding the Traps or Taking

Advantage of Them

Presentation Objectives

EOT Triggers

Contractual Completion Date(s)

Primary Ingredients

Schedule Integrity

Documentation of Causation

Responsibility Assignment

Concurrency of Delays

Schedule Analysis

Presentation is Everything!

Recap

EOT Triggers

1. An Event Occurred or Will Occur that Causes Delay

2. 3 Possible EOT Event Types:

Owner driven events Os risk (Time & money)

Neutral events risk shared (Time only)

Concurrent events-risk allocated (Time only)

3. Causes Delay to the Critical Path

.But, Critical Path to What?

Dealt with in Contract 2 ways: By stating a date By stating a works period

Types of Contractual Completion Dates: Practical Completion Date Substantial Completion Date Mechanical Completion Date Handover Date Separable Portion Date

May apply to a Section, or the Entire Project Each Section is treated separately

Multiple EOT Claims and LD Assessments May Apply

Contractual Completion Date(s)

Primary Ingredients

No Open Ends Limited Constraints All Scope Captured Majority of Tie Types: FS No Large Lags: Float Hoarding No Redundant Logic Ties Critical Path Makes Sense Critical Path is Continuous Longest Path Filter Confirmation

Schedule Integrity: What is It?

Obligation of Both the Owner and Contractor

Contract Must State Schedule Requirements Diligence Must not Stop after Baseline is Accepted Schedule Updates Are Contractual Too! Key Tools to EOTs

Schedule Integrity

Ask for the Electronic Version (Not a PDF) Run a Schedule Diagnostic on Baseline & Updates Primavera: Schedule Log and Claim Digger Others: Acumen Fuse, Schedule Analyser Pro Also look for..

Added and/or Deleted Activities Increase or Decrease in OD Calendar Changes Schedule Calculation Changes Etc

Schedule Integrity: How do you Know?

Schedule Integrity: Diagnostic Tools

P6: Schedule Log


Claim Digger


Acumen Fuse

Documentation of Causation

The need for evidence: He who Asserts Must Prove

1st: Demonstrate Cause (Documentation)

2nd: Demonstrate Effect (Schedule Analysis)

The 3 Rs Records, Records, and Records

Record Type Important but Record Content Key!

Letters and Emails RFIs Hold Registers Transmittal Logs Progress photographs Variation Notices Daily Field Reports Weekly Progress Reports Meeting Minutes Drawing Revision Logs

Documentation of Causation: Record Types

Instructions given & received Conflicts in plans/specifications Weather conditions: Not Just Rain Work Stoppage: Time Stopped and Why Number of Workers/Trade Type Subcontractors Equipment Type Utilised and Number Daily Activity of Crews Specific Location: Station Number, Area Delays Encountered: Specific Activity Material Shortages

Documentation of Causation: Record Content

Create a Standardised Daily Report Form

Documentation of Causation:

Delay Examples

Weather


Delay Examples

Equipment & Material Problems


Delay Examples

Design Issues

Environmental

HSSE Issues

What Does the Contract Say? Owner Caused Delays Force Majeure Delays Neutral Delays-Weather Non-Excusable Delays

Allocate Responsibility to Individual Delay Events

Responsibility Assignment

Code Delay

Split Activities

Code Resp.

Allocate Actual

Duration

Concurrent Delay: Otherwise Known As.

Concurrent Delay - Requirements

Two or more delays during the same time

There can only be one unit of delay during the same unit of time, regardless of the number of delaying

events

Delays unrelated and independent

Must delay the critical path

Responsibility of different parties

Each party bears its own expenses for that delay

Involuntary (i.e., not pacing)

Substantial and not easily curable

Concurrency: Net Affect Matrix

Have a Matrix As Part of Your Contract

Literal vs. Functional Concurrency

Literal Concurrency

Delays have to be literally concurrent in time, as in happening at the same time

Functional Concurrency

Delays need only occur in the same analysis period or window

Schedule Analysis: Choose Your Weapon

3.TIA

1.As-Planned vs. As-Built

2.Windows

Analysis

As-Planned vs. As-Built

Comparison of start/finish dates between two schedule updates

Purely mathematical-Variance between dates


Delayed Completion

Early Start

Early Completion

Overall Delay

Delayed Start

As-Planned

As-Built

Delayed Completion

Early Start

Early Completion

Overall Delay

Delayed Start

As-Planned

As-Built

1

4

2 3

1 2

3


When should it be used? Limited time and money

No electronic schedules

Inadequate schedule logic

Quick and dirty 1st pass

What does the Schedule Analysis Method Best Prove?

Excusable non-compensable delay


Not Good For: Concurrent delays or acceleration

Critical path changes between updates

Multiple critical or near-critical paths per update

Recovering extended overhead costs

Arbitration or Litigation

Pros: Easy to understand, explain, and graphically depict

Technically simple to perform

Data Required: Baseline schedule

As-built schedule

Windows Analysis

Quantify loss or gain of time along a float path

Loss and gains tallied by window

A window is the time period framed between two revisions:

The as-planned schedule for the beginning of the window

The as-built schedule for the end of the window

As-

Planned As-

Built

Windows Analysis: Example

ID Task Name DurJan 2006

9 10 11 12 13 14 15 16 17 18 19 20 21 22

1 2dExcavate

2 1d

3 3dForm / Rebar

6 4d

4

5 3dConcrete

7 1dStrip Forms

4d

8

9 1dInspect

23 24 25 26 27

10

1d

1d

Gain

Null

Delay

Net

1

-1 -1 -1 -1 -1 -1

2

0

-7

1

-1

-51 1

0

-1 -1 -1 -1 -1 -1-1

Gain = +

Delay = --

Planned

As-Built

Windows Analysis

When Should the Schedule Analysis Method be Used? Complex schedules with large critical paths Very high delay damages Concurrent delays Client has the time and budget Need graphical depiction of concurrency

What does the Schedule Analysis Method Best Prove? Excusable non-compensable delay Excusable compensable delay Concurrent delay: Literal Concurrency Non-excusable delay

Impacted As-Planned (A.K.A TIA)

Insertion of impact activities into a baseline or update schedule

Integrated into the network logic before, in-between, or after the activity it affected

Additive model that simulates the possible effect of actual delay events to the schedule completion date

Comparison of IAP schedule and succeeding update to determine possible acceleration or non-excusable delays

Comparison of IAP schedule and planned schedule to determine time extension

Impacted As-Planned:(Acceleration)

IAP Schedule

As-Built Schedule

6/20

6/25

Acc

5

Impacted As-Planned:(Time Extension Example)

IAP Schedule

6/20

6/18

(2 Days)

Impacted As-Planned

When Should the Schedule Analysis Method be Used?

Indemnification of liquidated damages

For preliminary negotiations between owner and contractor

While the Job is Ongoing

What does the Schedule Analysis Method Best Prove?

Requests for Time Extension or LD Waivers

Acceleration Claims

Presentation

1. Attach Source Documentation

2. Graphical Representation

Schedule Updates: Prior to Impact and After Impact

Critical Path in Gantt Chart Format with Logic

Concurrency

3. Write Up

Keep it Short and Sweet

Explanation of Impact Event: Timing,Activities,Duration

4. Cost Impact

Stand-By Costs of Equipment and Crews Affected

Dont Claim Costs on Crews That Were Working!

5. Executive Summary at the Beginning

6. Submit Once Impact Event Is Known

7. Submit Again Once Full Impact Understood

Recap

Documentation is Key: Content Must be Consistent

Schedules Must Be Sound and Accurate

Dont Ignore Updates

Choose Your Technique Wisely

Consider Concurrency

Present Claim as a Concise Package

Dont Throw the Kitchen Sink into the Claim

Resolution Inversely Proportional to Submittal Time

Contact Information

Brisbane Office

2/19 Musgrave Street

West End, QLD, 4101

Email: [email protected]

Phone: 61 07 3255 0223

Sydney Office

Level 1, 1 Hickson Road

Phone: 61 02 9241 7328

Perth Office

189 Colin Place

Phone: 61 08 9480 0647

Documents

EOT Tricks and Traps