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Claims Analysis Nested in Schedule
            Updates
                       PS.06
            Christopher W. Carson
      Senior Scheduler & Project Controls Manager
                  Alpha Corporation
                   Norfolk, Virginia

This presentation presents a logical case for preparing
  contemporaneous claims analysis and entitlement
 determination as part of regular schedule updates.
                        2006
Background – The Players Responsible for
          Schedule Updates

    Who actually performs schedule updates?
              Claims Specialists?
           Construction Attorneys?
            Analytical Schedulers?

None of the Above! It’s usually Project Managers
    or Schedulers working under Project Mangers!
Background – The Players Responsible for
          Schedule Updates
     Other Responsibilities of Scheduler?

    Review submittals        Personnel Management
    Research RFI’s           Communications
    Budgeting                Information Dissemination
    Invoicing                Meetings
    Invoice Approvals        Quality Control
    Materials Procurement    Senior Management
                            Reporting
    Scope Development
                             Subcontract Awards
    Resource Planning
Background – The Players Responsible for
          Schedule Updates
          External Pressures on Scheduler?

   Need to be Team Player   Scheduler’s Experience
   Fear of Alienating Owner    Little Analytical
                             Scheduling
   Need to Please Owner
                               Little Claims Preparation
   Time Management
                               Little Claims Defense
   GC Corporate Culture
                               Little Dispute Resolution
      Get Job Done on Time
                               Little Litigation
      Minimize Paperwork
                               Not Schedule-Driven
      Aggressive Scheduling
Rationale & Motivation for Paper
    Provide Better Schedule Management Tools

  Subcontractor Management – GC Often Asking Favors
When Subcontractor Contributed to Delays
  Delay & Disruption Management – Deal with Issues while
Fresh in Everyone’s Mind
  Help Owners - Minimize After-the-Fact Backwards Looking
Claims Disputes
  Help the “Good” Contractors who Generally Ignore the
Paperwork in Order to Get the Job Done at Their Expense
      Encourage Schedule Mitigation to Occur at the Time
             Needed & by the Responsible Party
Rationale & Motivation for Paper
                Sources of Ideas
 Experience Working as a Scheduling Project Manager
 Experience Managing other Scheduling Project Managers
 Creating “Dashboards” for Senior Management Reports –
“What Happened and Why?”
 Requiring Senior Management Reports “Tell me What &
Why?”
 Training Schedulers and Project Managers “Lessons Learned”
 Preparation of Time Impact Analyses
 Providing Claims Analyses – Identifying Causal Activities,
Driving Delays, Concurrent Delays, & Entitlement
  Separating Progress from Logic Changes in Schedule Reviews
The Typical Schedule Maintenance Routine

        The Data Collection Process
   Collect Progress Data from Field Personnel
   Gather Submittal & Approval Status
   Gather Status of Administrative Tasks – Utility Paperwork
 Status, Permits, Environmental Releases, etc.
   Gather Status of Owner Controlled Activities – Owner
 Utility Applications, Delivery Dates Owner Equipment, etc.
   Collect Status of Purchase Orders & Subcontracts
   Collect Status of Materials Fabrication or “Lead Times”
   Collect Status of Subcontractor Lead Times
            Verify Availability of Scheduled Resources
The Typical Schedule Maintenance Routine

          Schedule Statusing
     Simple Stage of Process
        Input Actual Dates
        Input Remaining Durations, Expected Finish
      Dates, or Percent Complete
     Calculate Schedule
     Verify & Test for Reasonableness
     Compare to Baseline (Most Current)
The Typical Schedule Maintenance Routine

               Schedule Updating
   If the Schedule shows on-time completion, schedule is
                        submitted.

    Everyone is happy; there are no documented delays.

  The Invoice gets approved quickly, no extra paperwork is
done, later claims are generally not generated from a schedule
        showing no manipulation on-time completion.
The Typical Schedule Maintenance Routine
            Schedule Analysis
 If the Schedule shows late completion, or when constrained,
    negative float, the project is scheduled to complete late.

 At this point, the Scheduler generally takes a number of steps
                     to protect the schedule.

                 Keep GC senior management happy
                 Minimize confrontation with Owner
                 Minimize paperwork
                 Get the schedule submitted
The Typical Schedule Maintenance Routine
   Schedule Analysis – Typical Next Steps
  Review & Verify Immediate Dates for Field Use
  Run Critical Path Report (based on whatever criterion is set in
software)
  Identify Non-Work Activities Showing Critical (Procurement,
Lead Times, Submittal Times, Delivery Times)
  Remove Non-Work Critical Activities, Based on Gut Feelings
that Only Work Activities Should be Critical
  Suggest that PM Expedite these Activities, but Remove them
from Affecting Critical Path, Removing them from Scrutiny
   Recalculate Schedule, Compare to Baseline, if on-Time, Submit
The Typical Schedule Maintenance Routine

    Schedule Analysis –Logic Manipulation
  If Schedule Still Shows Late, Review “Soft Logic” (Non Physical
Restrictions)
  Identify Activities that have Finish-to-Start Relationships that Can
be Changed to Finish-to-Finish, or Change Predecessor
  Focus on Separate Trades, so Resource Need will not Increase
  Look at Calendar Work-Weeks to Change to Work Weekends
  Look at Original Durations and Attempt to Shorten
  Recalculate Schedule and Compare to Baseline
  If on-Time, Submit Schedule
                   If Late, Force Timely Completion
Collect Admin                       Verify All
              Progress Data                        Data


                                                                                                                 Does it    No
Request for    Collect Field             Status                      Update             Compare to
                                                                                                                 Finish
Update Data    Progress Data            Schedule                    Schedule             Baseline
                                                                                                                  Late?


                   Identify Contract                                                                            Yes
                      Changes
                                                                                                                                        Publish
                                                                                                                                        Updated
                                                                                                                                        Schedule

                                                                                                      Adjust
                                                                                                     Schedule
                                                                                                      Logic
                         Adjust                      Does it
                                            Yes
                                                                               Compare to
                        Schedule                     Finish
                                                                                Baseline
                         Logic                        Late?

                                                               No




                                                               Does it         No
                               Compare to
                                                               Finish
                                Baseline
                                                                Late?

                                                                         Yes
                                                                                            Force on-Time
                                                                                             Completion


                     Typical Contractor Schedule
                          Update - Carson
                         Paper/Presentation                                                   This Cycle is a Recovery Schedule, with GC Assuming
                                                                                                Responsibility for All Delays & Waiving Entitlement
                                                                                                            Rights by Eliminating Delays
The Typical Schedule Maintenance Routine
Dealing With Obvious Owner Delays & Changes
  When Obvious Conditions Change or Owner Causes Delay, the
 GC Generally Provides a “Delay Analysis”
  GC Analyses Generally have Numerous Weaknesses:
      Focused on Owner Delay – Already Identified, No Research Needed
      Rarely Identifies or Examines GC Concurrent Delays
      Rarely Identifies or Examines Subcontractor Concurrent Delays
      No Examination of Potential Mitigation Efforts
      Time Impact Analysis Generally Minor Part of Change Order
    Preparation
      Rarely Reaches the Level of “Claims Analysis”
The Typical Schedule Maintenance Routine

Risks Associated With The Typical Routine
   Submission of an On-Time Update Effectively Mitigates all
  Potential Delays to that Point
    The “Minor” Adjustments to the Schedule Can:
      Remove Contingency Float that May Be Needed Later
      Assume Subcontractor Mitigation without Subcontractor Buy-in
      Make GC liable for Subcontractor Constructive Acceleration
      Loss of Ability to Encourage Subcontractor Participation in
     Mitigation (When Delays are Caused by Subcontractor)
      Cause GC to Take on All Costs of Mitigation
      Ignore Resource Availability, GC or Subcontractor
The Typical Schedule Maintenance Routine
More Risks Associated With The Typical Routine
    Decisions Made While Rushing to Submit Updated Schedule for
  Invoicing are Not Carefully Analyzed
    The GC Often Misses Owner Caused Delays and Takes on
  Mitigation at GC’s Expense and Risk
    By Unintentional Recovery, Delay Claims Become Disruption
  Claims Which are Harder to Prove, Show Entitlement, and Price
    Owner and Subcontractor Concurrent Delays are Often Not
  Detected, so Subcontractor is Not Involved in Mitigation Efforts
     Claims Documentation is Not Maintained, Increasing Costs for
                     Later Research and Analysis
The Proposed Schedule Maintenance Routine
           Consider Vehicle Longevity and Maintenance.

  Without Proper Maintenance of a Vehicle, More Breakdowns and
  Higher Repair Costs Occur. The Life-Cycle Costs of a Vehicle are
           Higher when Regular Maintenance is Ignored.

    Schedule Maintenance is Similar to Vehicle Maintenance, and
     Project Health and Success is Similar to Vehicle Longevity.

  If Good Schedule Maintenance is Not Performed, Projects Have
 More Breakdowns (Delays, Disruption) and Life-Cycle Costs of the
                  Project are Higher (Claims).
The Proposed Schedule Maintenance Routine

   Instituting a Regular, Detailed, and Documented Claims
    Analysis During Each Update Has Benefits Which Far
              Outweigh the Costs of Preparation.




         Let’s Take a Look at the Proposed Process
The Proposed Schedule Maintenance Routine

      Data Collection and Schedule Statusing

  Data Collection Process Does Not Change
  Good, Detailed and Accurate Capture of Current Progress is More
Essential Than Ever
  Recognition that a Technical Schedule/Claims Analysis is
Performed at Each Update Tends to Promote Accuracy
The Proposed Schedule Maintenance Routine
Analysis and Schedule Updating – Critical Path
     Identify Previous Period Critical Path, Verify Accuracy
     Identify Current Period Critical Path, Verify Accuracy
     Compare to Current Baseline (With this Routine, Current Baseline
  is the Last Analyzed Schedule)
     If Project is On-Time, Simply Record Critical Paths for Historical
  Documentation
     If Project has Slipped, Identify any Changes to Critical Path
     Identify Causal Activities
     Identify & Calculate Four Values for Each Causal Activity – Start
           Delay, Start Gain, Production Delay, Production Gain
The Proposed Schedule Maintenance Routine
 Analysis and Schedule Updating – Causal Activities
   Quantify Four Delay/Gain Changes for Each Causal Activity by
  Working From the Beginning of the Period, Using a Standard
  Layout with Current Baseline as Schedule Target
   Verify That the Totals Add Up to the Total CP Change
   Research the Issues that Caused the Changes to the Causal
  Activities
       Interview Project Management Team
       Review Project Documents; Issue Files, Minutes, RFI/Submittal
     Logs, Field Reports, Photographs
       This Research is Usually a Discussion About Reasonably Current
     Problems – Quick, Painless, and Easy
The Proposed Schedule Maintenance Routine
Analysis and Schedule Updating – Driving Issues
    Identify the Driving Issues that Affect the Causal Activities
    Assess Responsibility for Driving Issues
    Review Concurrency of Driving Issues– Can Be Delay and/or
  Acceleration/Mitigation
    Work Through Concurrent Driving Issues from the Beginning
  of the Period, Identifying First Driving Issue, Establishing any
  Concurrency with Next Driving Issue
    Perform a Careful Concurrent Delay Analysis, Record in Clear
  Graphical Format
       Assign Responsibilities for All Driving Concurrent Delays
The Proposed Schedule Maintenance Routine
Analysis and Schedule Updating – Collaboration
  If Subcontractors are Responsible for any Driving Delays, or
 Portions of Concurrent Delay, Meet Face-to-Face
      Provide Clear Documentation with Approximate Costs for Delays
      Discuss Ramifications & Options
      Collaborate and Gain Commitment for Mitigation/Acceleration
  If Owner is Responsible for Any Driving Delays, or
 Portions of Concurrent Delay, Meet Face-to-Face
     Provide Clear Documentation with Approximate Costs for Delays
     Discuss Ramifications & Options
     Collaborate and Determine Best Approach; Owner Mitigation,
    Contractor Mitigation, or Time Extension
The Proposed Schedule Maintenance Routine
  Analysis and Schedule Updating – Resolution
    If GC is Responsible for any Driving Delays, or Portions
  of Concurrent Delay, Use Formal Recover Scheduling
  Meeting with Project Staff to Prepare Recovery Schedule
    Have Recovery Information Ready for Meetings with
  Owner and Subcontractors
    Take Open and Objective Stance in All Analyses and
  Meetings
        Finally, Revise the Schedule to Reflect the Solutions
      Determined during Collaboration, and Publish Revised
                             Schedule
Collect Admin                         Verify All
                  Progress Data                          Data

                                                                                                                                   No
Request for       Collect Field               Status                    Update              Compare to            Critical Path
Update Data       Progress Data              Schedule                  Schedule              Baseline               Delay?


                                                                                                                          Yes
                                   Identify Contract
                                      Changes

                                                                                                               Identify Previous
                                                                                                                    Period
                                                                                                                 Critical Path
                                                                                                                                                   Publish
        Research                                                                                                                                   Updated
                                  Quantify             Identify Causal              Identify Changes
      Documents For                                                                                                                                Schedule
                                   Delays              Delay Activities              To Critical Path
      Driving Delays


                                                                                                  Is the
         Assess                         Any                         Perform                      Owner
                                                       Yes                                                        Yes
                                                                                                                                        Prepare
       Responsibility                Concurrent                 Concurrent Delay               Responsible
                                                                                                                                        Recovery
        For Delays                    Delays?                      Analysis                     For Delay?
                                                                                                                                        Schedule

                                              No
                                                                                                        No
                                                                                                                                    Resolve
                                                                                                                                  Subcontractor
                                                                                                   Is a
                                                                        Is the
                                                                                                                                  Contributions
                                                                                       No                         No
                                   Verify Single                                               Subcontractor
                                                                       Owner
                                   Source Delay                                                Responsible
                                                                     Responsible
                                   Responsibility                                               For Delay?
                                                                      For Delay?
                                                                                                                        Discuss Delay &
                                                                                                                         Mitigation with
              Proposed Schedule Update                                        Yes                        Yes
                                                                                                                         Subcontractor
              Including Delay Analysis –
              Carson Paper/Presentation                                                                      Discuss Delay                Prepare Delay
                                                                                                              & Mitigation                  Analysis
                                                                                                              With Owner                 & Change Order
The Proposed Schedule Maintenance Routine
Benefits From Proposed Process – Issue Understanding
       Issues are Dealt With Immediately, Minimal
     Misunderstandings, Minimal Memory Problems
       Research, if Needed, is Quicker, Easier, More Readily
     Understood
       Often, The Research is Simple as Walking the Job and
     Looking at the Missing Bearing Plate, Verifying that Joists are
     on Site
         Documentation is Produced as Part of the Investigation, is
                   More Issue Focused and Extensive
The Proposed Schedule Maintenance Routine
Benefits From Proposed Process – Subcontractors
  Subcontractors Participate in Problem Identification
  Subcontractors Have Opportunity to Help Mitigate Their
 Own Problems without Surprise Backcharges
  Subcontractors Contribute to Resolution Only when They
 Share Responsibility for Delays
  Subcontractors Get Credit for Their Own Mitigation Effort
  Subcontractors Get Timely Time Extensions when
 Warranted
     Subcontractors are Given Immediate Notice to Improve
                          Performance
The Proposed Schedule Maintenance Routine
   Benefits From Proposed Process – Owner
   Owner is Involved in Identification of Problem
   Owner has Input into Mitigation Solutions & Efforts
   Owner can Determine Importance of Delays and Can Help
  Minimize Delay Costs or Impacts
   Priorities for Mitigation Can Be Set by Owner
   Owner Gains More Accurate Predictions for Completion
   Owner Understands Delay Issues Better; Less Likely that
  Bogus/Inaccurate Claims will Result
   Time Extensions Provided in Timely Manner, Allowing for
                    Pacing Delay Advantages
The Proposed Schedule Maintenance Routine
    Benefits From Proposed Process – Costs

   Solutions are Collaborative Efforts of the Construction
  Team with Minimal Attorney Costs
   Schedule Analyses, When Showing Delays, are Part of
  Change Order Costs
   Other Work on Site can Be Re-sequenced or Paced to
  Accommodate Revised Official Schedule
   Minimal Formal Dispute Resolution & Claims Costs at
  End of Project
The Proposed Schedule Maintenance Routine
  Benefits From Proposed Process – Conflicts
     If Subcontractors are Claims-Oriented, Better
   Contemporaneous Documentation is Produced and
   Approved
     If Owner is Uncooperative, GC is More Persuasive and
   Better Protected with Good Contemporaneous Documents
     If Owner and Owner’s Representative are Uncooperative,
   Process Puts Everyone on Notice and Documents Delays
     Smaller Time Extensions and Change Orders are More
   Palatable to Owner
     GC can Look to Other Options such as Work Stoppage
The Proposed Schedule Maintenance Routine
  Benefits From Proposed Process – Legalities
     Smaller Time Period Window Analysis Promotes Better
   Understanding and More Detailed Look into Issues
     Documentation is Critical Path Delay Specific
     Resolution is Underway Before Relationships are
   Damaged
     Less Ego Involvement in Problems
     Complicated Concurrent Delays Issues are Confined to
   Single Period at a Time
       No Confusion from Later Period Progress Mitigating
        Unresolved Critical Path Delays in Earlier Periods
The Proposed Schedule Maintenance Routine
  Benefits From Proposed Process – Teamwork
    Better Partnering Opportunities
    Minimal Confrontational Aspect to Problem Resolution
    Each Party Can Help Mitigate Their Own Delay
   Responsibility Costs
    Happier Owner Due to Better Informed Owner
    No One is Left out of Loop
    Team Members Collaborate as a Team, not Individual
   Risk Members
      Project More Likely to Meet Owner’s Anticipation of a
                        Successful Project
The Proposed Schedule Maintenance Routine
    Risks Associated With Proposed Process

     Reduced Claims Business and Profits
     Process Requires More Highly Trained Analytical
   Scheduler
     Schedule is More Expensive to Maintain
     Process Takes More Time During Each Update
     Process Does not Eliminate Conflict; Especially in the
   Case of Uncooperative Owner, Subcontractor or Agent
The Proposed Schedule Maintenance Routine
                    Conclusion
     Use of Schedule as Analytical Tool Provides Many
   More Benefits than Disadvantages
     CPM Scheduling is Used At Its Best Advantage
     Analysis of Contemporaneous Time Impact Helps
   Promote Awareness of Delay & Mitigation
     Reduction in Disruption Due to Better Analytical
   Information
     Put the Power of the Claims Industry to Work in Claims
   Avoidance
The Proposed Schedule Maintenance Routine

            Questions?

            War Stories?

            Suggestions?

            Complaints?
Claims Analysis Nested in Schedule
            Updates
                      PS.06

           Christopher W. Carson
     Senior Scheduler & Project Controls Manager
                 Alpha Corporation
                  Norfolk, Virginia


                     Thank You

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Update Delay Analysis

  • 1. Claims Analysis Nested in Schedule Updates PS.06 Christopher W. Carson Senior Scheduler & Project Controls Manager Alpha Corporation Norfolk, Virginia This presentation presents a logical case for preparing contemporaneous claims analysis and entitlement determination as part of regular schedule updates. 2006
  • 2. Background – The Players Responsible for Schedule Updates Who actually performs schedule updates? Claims Specialists? Construction Attorneys? Analytical Schedulers? None of the Above! It’s usually Project Managers or Schedulers working under Project Mangers!
  • 3. Background – The Players Responsible for Schedule Updates Other Responsibilities of Scheduler? Review submittals Personnel Management Research RFI’s Communications Budgeting Information Dissemination Invoicing Meetings Invoice Approvals Quality Control Materials Procurement Senior Management Reporting Scope Development Subcontract Awards Resource Planning
  • 4. Background – The Players Responsible for Schedule Updates External Pressures on Scheduler? Need to be Team Player Scheduler’s Experience Fear of Alienating Owner Little Analytical Scheduling Need to Please Owner Little Claims Preparation Time Management Little Claims Defense GC Corporate Culture Little Dispute Resolution Get Job Done on Time Little Litigation Minimize Paperwork Not Schedule-Driven Aggressive Scheduling
  • 5. Rationale & Motivation for Paper Provide Better Schedule Management Tools Subcontractor Management – GC Often Asking Favors When Subcontractor Contributed to Delays Delay & Disruption Management – Deal with Issues while Fresh in Everyone’s Mind Help Owners - Minimize After-the-Fact Backwards Looking Claims Disputes Help the “Good” Contractors who Generally Ignore the Paperwork in Order to Get the Job Done at Their Expense Encourage Schedule Mitigation to Occur at the Time Needed & by the Responsible Party
  • 6. Rationale & Motivation for Paper Sources of Ideas Experience Working as a Scheduling Project Manager Experience Managing other Scheduling Project Managers Creating “Dashboards” for Senior Management Reports – “What Happened and Why?” Requiring Senior Management Reports “Tell me What & Why?” Training Schedulers and Project Managers “Lessons Learned” Preparation of Time Impact Analyses Providing Claims Analyses – Identifying Causal Activities, Driving Delays, Concurrent Delays, & Entitlement Separating Progress from Logic Changes in Schedule Reviews
  • 7. The Typical Schedule Maintenance Routine The Data Collection Process Collect Progress Data from Field Personnel Gather Submittal & Approval Status Gather Status of Administrative Tasks – Utility Paperwork Status, Permits, Environmental Releases, etc. Gather Status of Owner Controlled Activities – Owner Utility Applications, Delivery Dates Owner Equipment, etc. Collect Status of Purchase Orders & Subcontracts Collect Status of Materials Fabrication or “Lead Times” Collect Status of Subcontractor Lead Times Verify Availability of Scheduled Resources
  • 8. The Typical Schedule Maintenance Routine Schedule Statusing Simple Stage of Process Input Actual Dates Input Remaining Durations, Expected Finish Dates, or Percent Complete Calculate Schedule Verify & Test for Reasonableness Compare to Baseline (Most Current)
  • 9. The Typical Schedule Maintenance Routine Schedule Updating If the Schedule shows on-time completion, schedule is submitted. Everyone is happy; there are no documented delays. The Invoice gets approved quickly, no extra paperwork is done, later claims are generally not generated from a schedule showing no manipulation on-time completion.
  • 10. The Typical Schedule Maintenance Routine Schedule Analysis If the Schedule shows late completion, or when constrained, negative float, the project is scheduled to complete late. At this point, the Scheduler generally takes a number of steps to protect the schedule. Keep GC senior management happy Minimize confrontation with Owner Minimize paperwork Get the schedule submitted
  • 11. The Typical Schedule Maintenance Routine Schedule Analysis – Typical Next Steps Review & Verify Immediate Dates for Field Use Run Critical Path Report (based on whatever criterion is set in software) Identify Non-Work Activities Showing Critical (Procurement, Lead Times, Submittal Times, Delivery Times) Remove Non-Work Critical Activities, Based on Gut Feelings that Only Work Activities Should be Critical Suggest that PM Expedite these Activities, but Remove them from Affecting Critical Path, Removing them from Scrutiny Recalculate Schedule, Compare to Baseline, if on-Time, Submit
  • 12. The Typical Schedule Maintenance Routine Schedule Analysis –Logic Manipulation If Schedule Still Shows Late, Review “Soft Logic” (Non Physical Restrictions) Identify Activities that have Finish-to-Start Relationships that Can be Changed to Finish-to-Finish, or Change Predecessor Focus on Separate Trades, so Resource Need will not Increase Look at Calendar Work-Weeks to Change to Work Weekends Look at Original Durations and Attempt to Shorten Recalculate Schedule and Compare to Baseline If on-Time, Submit Schedule If Late, Force Timely Completion
  • 13. Collect Admin Verify All Progress Data Data Does it No Request for Collect Field Status Update Compare to Finish Update Data Progress Data Schedule Schedule Baseline Late? Identify Contract Yes Changes Publish Updated Schedule Adjust Schedule Logic Adjust Does it Yes Compare to Schedule Finish Baseline Logic Late? No Does it No Compare to Finish Baseline Late? Yes Force on-Time Completion Typical Contractor Schedule Update - Carson Paper/Presentation This Cycle is a Recovery Schedule, with GC Assuming Responsibility for All Delays & Waiving Entitlement Rights by Eliminating Delays
  • 14. The Typical Schedule Maintenance Routine Dealing With Obvious Owner Delays & Changes When Obvious Conditions Change or Owner Causes Delay, the GC Generally Provides a “Delay Analysis” GC Analyses Generally have Numerous Weaknesses: Focused on Owner Delay – Already Identified, No Research Needed Rarely Identifies or Examines GC Concurrent Delays Rarely Identifies or Examines Subcontractor Concurrent Delays No Examination of Potential Mitigation Efforts Time Impact Analysis Generally Minor Part of Change Order Preparation Rarely Reaches the Level of “Claims Analysis”
  • 15. The Typical Schedule Maintenance Routine Risks Associated With The Typical Routine Submission of an On-Time Update Effectively Mitigates all Potential Delays to that Point The “Minor” Adjustments to the Schedule Can: Remove Contingency Float that May Be Needed Later Assume Subcontractor Mitigation without Subcontractor Buy-in Make GC liable for Subcontractor Constructive Acceleration Loss of Ability to Encourage Subcontractor Participation in Mitigation (When Delays are Caused by Subcontractor) Cause GC to Take on All Costs of Mitigation Ignore Resource Availability, GC or Subcontractor
  • 16. The Typical Schedule Maintenance Routine More Risks Associated With The Typical Routine Decisions Made While Rushing to Submit Updated Schedule for Invoicing are Not Carefully Analyzed The GC Often Misses Owner Caused Delays and Takes on Mitigation at GC’s Expense and Risk By Unintentional Recovery, Delay Claims Become Disruption Claims Which are Harder to Prove, Show Entitlement, and Price Owner and Subcontractor Concurrent Delays are Often Not Detected, so Subcontractor is Not Involved in Mitigation Efforts Claims Documentation is Not Maintained, Increasing Costs for Later Research and Analysis
  • 17. The Proposed Schedule Maintenance Routine Consider Vehicle Longevity and Maintenance. Without Proper Maintenance of a Vehicle, More Breakdowns and Higher Repair Costs Occur. The Life-Cycle Costs of a Vehicle are Higher when Regular Maintenance is Ignored. Schedule Maintenance is Similar to Vehicle Maintenance, and Project Health and Success is Similar to Vehicle Longevity. If Good Schedule Maintenance is Not Performed, Projects Have More Breakdowns (Delays, Disruption) and Life-Cycle Costs of the Project are Higher (Claims).
  • 18. The Proposed Schedule Maintenance Routine Instituting a Regular, Detailed, and Documented Claims Analysis During Each Update Has Benefits Which Far Outweigh the Costs of Preparation. Let’s Take a Look at the Proposed Process
  • 19. The Proposed Schedule Maintenance Routine Data Collection and Schedule Statusing Data Collection Process Does Not Change Good, Detailed and Accurate Capture of Current Progress is More Essential Than Ever Recognition that a Technical Schedule/Claims Analysis is Performed at Each Update Tends to Promote Accuracy
  • 20. The Proposed Schedule Maintenance Routine Analysis and Schedule Updating – Critical Path Identify Previous Period Critical Path, Verify Accuracy Identify Current Period Critical Path, Verify Accuracy Compare to Current Baseline (With this Routine, Current Baseline is the Last Analyzed Schedule) If Project is On-Time, Simply Record Critical Paths for Historical Documentation If Project has Slipped, Identify any Changes to Critical Path Identify Causal Activities Identify & Calculate Four Values for Each Causal Activity – Start Delay, Start Gain, Production Delay, Production Gain
  • 21. The Proposed Schedule Maintenance Routine Analysis and Schedule Updating – Causal Activities Quantify Four Delay/Gain Changes for Each Causal Activity by Working From the Beginning of the Period, Using a Standard Layout with Current Baseline as Schedule Target Verify That the Totals Add Up to the Total CP Change Research the Issues that Caused the Changes to the Causal Activities Interview Project Management Team Review Project Documents; Issue Files, Minutes, RFI/Submittal Logs, Field Reports, Photographs This Research is Usually a Discussion About Reasonably Current Problems – Quick, Painless, and Easy
  • 22. The Proposed Schedule Maintenance Routine Analysis and Schedule Updating – Driving Issues Identify the Driving Issues that Affect the Causal Activities Assess Responsibility for Driving Issues Review Concurrency of Driving Issues– Can Be Delay and/or Acceleration/Mitigation Work Through Concurrent Driving Issues from the Beginning of the Period, Identifying First Driving Issue, Establishing any Concurrency with Next Driving Issue Perform a Careful Concurrent Delay Analysis, Record in Clear Graphical Format Assign Responsibilities for All Driving Concurrent Delays
  • 23. The Proposed Schedule Maintenance Routine Analysis and Schedule Updating – Collaboration If Subcontractors are Responsible for any Driving Delays, or Portions of Concurrent Delay, Meet Face-to-Face Provide Clear Documentation with Approximate Costs for Delays Discuss Ramifications & Options Collaborate and Gain Commitment for Mitigation/Acceleration If Owner is Responsible for Any Driving Delays, or Portions of Concurrent Delay, Meet Face-to-Face Provide Clear Documentation with Approximate Costs for Delays Discuss Ramifications & Options Collaborate and Determine Best Approach; Owner Mitigation, Contractor Mitigation, or Time Extension
  • 24. The Proposed Schedule Maintenance Routine Analysis and Schedule Updating – Resolution If GC is Responsible for any Driving Delays, or Portions of Concurrent Delay, Use Formal Recover Scheduling Meeting with Project Staff to Prepare Recovery Schedule Have Recovery Information Ready for Meetings with Owner and Subcontractors Take Open and Objective Stance in All Analyses and Meetings Finally, Revise the Schedule to Reflect the Solutions Determined during Collaboration, and Publish Revised Schedule
  • 25. Collect Admin Verify All Progress Data Data No Request for Collect Field Status Update Compare to Critical Path Update Data Progress Data Schedule Schedule Baseline Delay? Yes Identify Contract Changes Identify Previous Period Critical Path Publish Research Updated Quantify Identify Causal Identify Changes Documents For Schedule Delays Delay Activities To Critical Path Driving Delays Is the Assess Any Perform Owner Yes Yes Prepare Responsibility Concurrent Concurrent Delay Responsible Recovery For Delays Delays? Analysis For Delay? Schedule No No Resolve Subcontractor Is a Is the Contributions No No Verify Single Subcontractor Owner Source Delay Responsible Responsible Responsibility For Delay? For Delay? Discuss Delay & Mitigation with Proposed Schedule Update Yes Yes Subcontractor Including Delay Analysis – Carson Paper/Presentation Discuss Delay Prepare Delay & Mitigation Analysis With Owner & Change Order
  • 26. The Proposed Schedule Maintenance Routine Benefits From Proposed Process – Issue Understanding Issues are Dealt With Immediately, Minimal Misunderstandings, Minimal Memory Problems Research, if Needed, is Quicker, Easier, More Readily Understood Often, The Research is Simple as Walking the Job and Looking at the Missing Bearing Plate, Verifying that Joists are on Site Documentation is Produced as Part of the Investigation, is More Issue Focused and Extensive
  • 27. The Proposed Schedule Maintenance Routine Benefits From Proposed Process – Subcontractors Subcontractors Participate in Problem Identification Subcontractors Have Opportunity to Help Mitigate Their Own Problems without Surprise Backcharges Subcontractors Contribute to Resolution Only when They Share Responsibility for Delays Subcontractors Get Credit for Their Own Mitigation Effort Subcontractors Get Timely Time Extensions when Warranted Subcontractors are Given Immediate Notice to Improve Performance
  • 28. The Proposed Schedule Maintenance Routine Benefits From Proposed Process – Owner Owner is Involved in Identification of Problem Owner has Input into Mitigation Solutions & Efforts Owner can Determine Importance of Delays and Can Help Minimize Delay Costs or Impacts Priorities for Mitigation Can Be Set by Owner Owner Gains More Accurate Predictions for Completion Owner Understands Delay Issues Better; Less Likely that Bogus/Inaccurate Claims will Result Time Extensions Provided in Timely Manner, Allowing for Pacing Delay Advantages
  • 29. The Proposed Schedule Maintenance Routine Benefits From Proposed Process – Costs Solutions are Collaborative Efforts of the Construction Team with Minimal Attorney Costs Schedule Analyses, When Showing Delays, are Part of Change Order Costs Other Work on Site can Be Re-sequenced or Paced to Accommodate Revised Official Schedule Minimal Formal Dispute Resolution & Claims Costs at End of Project
  • 30. The Proposed Schedule Maintenance Routine Benefits From Proposed Process – Conflicts If Subcontractors are Claims-Oriented, Better Contemporaneous Documentation is Produced and Approved If Owner is Uncooperative, GC is More Persuasive and Better Protected with Good Contemporaneous Documents If Owner and Owner’s Representative are Uncooperative, Process Puts Everyone on Notice and Documents Delays Smaller Time Extensions and Change Orders are More Palatable to Owner GC can Look to Other Options such as Work Stoppage
  • 31. The Proposed Schedule Maintenance Routine Benefits From Proposed Process – Legalities Smaller Time Period Window Analysis Promotes Better Understanding and More Detailed Look into Issues Documentation is Critical Path Delay Specific Resolution is Underway Before Relationships are Damaged Less Ego Involvement in Problems Complicated Concurrent Delays Issues are Confined to Single Period at a Time No Confusion from Later Period Progress Mitigating Unresolved Critical Path Delays in Earlier Periods
  • 32. The Proposed Schedule Maintenance Routine Benefits From Proposed Process – Teamwork Better Partnering Opportunities Minimal Confrontational Aspect to Problem Resolution Each Party Can Help Mitigate Their Own Delay Responsibility Costs Happier Owner Due to Better Informed Owner No One is Left out of Loop Team Members Collaborate as a Team, not Individual Risk Members Project More Likely to Meet Owner’s Anticipation of a Successful Project
  • 33. The Proposed Schedule Maintenance Routine Risks Associated With Proposed Process Reduced Claims Business and Profits Process Requires More Highly Trained Analytical Scheduler Schedule is More Expensive to Maintain Process Takes More Time During Each Update Process Does not Eliminate Conflict; Especially in the Case of Uncooperative Owner, Subcontractor or Agent
  • 34. The Proposed Schedule Maintenance Routine Conclusion Use of Schedule as Analytical Tool Provides Many More Benefits than Disadvantages CPM Scheduling is Used At Its Best Advantage Analysis of Contemporaneous Time Impact Helps Promote Awareness of Delay & Mitigation Reduction in Disruption Due to Better Analytical Information Put the Power of the Claims Industry to Work in Claims Avoidance
  • 35. The Proposed Schedule Maintenance Routine Questions? War Stories? Suggestions? Complaints?
  • 36. Claims Analysis Nested in Schedule Updates PS.06 Christopher W. Carson Senior Scheduler & Project Controls Manager Alpha Corporation Norfolk, Virginia Thank You