The document outlines the key aspects of determining and managing extensions of time (EOT) in construction projects, focusing on triggering events, schedule integrity, and documentation requirements. It discusses different types of delays, responsibility assignments, and various schedule analysis methods, emphasizing the importance of accurate documentation and sound scheduling practices. The presentation also highlights techniques for effective claims presentation and managing concurrency among delays.

1. EOTs? Avoiding the Traps or Taking
Advantage of Them
Dr. Anamaria Popescu,PE,PMP,PSP
McLachlan Lister - Hill International Australia
May 23, 2012

2. 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

3. EOT Triggers
1. An Event Occurred or Will Occur that Causes Delay
2. 3 Possible EOT Event Types:
– Owner driven events – O‟s 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?

4. Contractual Completion Date(s)
 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

5. Primary Ingredients

6. Schedule Integrity: What is It?
 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

7. Schedule Integrity
 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

8. Schedule Integrity: How do you Know?
 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…

9. Schedule Integrity: Diagnostic Tools
P6: Schedule Log

10. Schedule Integrity: Diagnostic Tools
“Claim Digger”

11. Schedule Integrity: Diagnostic Tools
Acumen Fuse

12. Documentation of Causation
 The need for evidence: “He who Asserts Must Prove”
 1st: Demonstrate Cause (Documentation)
 2nd: Demonstrate Effect (Schedule Analysis)
 The 3 „R‟s – Records, Records, and Records
 Record Type Important but Record Content Key!

13. Documentation of Causation: Record Types
 Letters and Emails
 RFI‟s
 Hold Registers
 Transmittal Logs
 Progress photographs
 Variation Notices
 Daily Field Reports
 Weekly Progress Reports
 Meeting Minutes
 Drawing Revision Logs

14. Documentation of Causation: Record Content
 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
Create a Standardised Daily Report Form

15. Documentation of Causation:
Delay Examples
Weather

16. Documentation of Causation:
Delay Examples
Equipment & Material Problems

17. Documentation of Causation:
Delay Examples
Design Issues
Environmental
HSSE Issues

18. Responsibility Assignment
 What Does the Contract Say?
– Owner Caused Delays
– Force Majeure Delays
– Neutral Delays-Weather
– Non-Excusable Delays
 Allocate Responsibility to Individual Delay Events
Allocate
Code Split Code
Actual
Delay Activities Resp.
Duration

19. Concurrent Delay: Otherwise Known As….

20. 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

21. Concurrency: Net Affect Matrix
Have a Matrix As Part of Your Contract

22. 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

23. Schedule Analysis: Choose Your Weapon
1.As-Planned vs. As-Built
2.Windows
Analysis
3.TIA

24. As-Planned vs. As-Built
 Comparison of start/finish dates between two schedule updates
 Purely mathematical-Variance between dates

25. As-Planned vs. As-Built
Delayed Completion
1 Early Start
2 Overall Delay
3
4
As-Planned
As-Built
1 Delayed Start
2 Early Completion
3

26. As-Planned vs. As-Built
 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

27. As-Planned vs. As-Built
 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

28. 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

29. Windows Analysis: Example
Jan 2006
ID Task Name Dur
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
1 Excavate 2d
Ì Gain = +
2 1d
Delay = --
3 Form / Rebar 3d
¬¬ Planned
4 4d
5 Concrete 3d
As-Built
Ì Ì ¬¬
6 4d
7 Strip Forms 1d
¬¬ ¬¬
8 1d
9 Inspect 1d
10 1d
¬¬ ¬¬ ¬¬ ¬¬
Gain 1 1 2
Null 0 0
Delay -1 -1 -1 -1 -1 -1 -1 -7
Net 1 1 -1 -1 -1 -1 -1 -1 -1 -5

30. 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

31. 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

32. Impacted As-Planned:(Acceleration)
6/20
As-Built Schedule
Acc
5
6/25
IAP Schedule

33. Impacted As-Planned:(Time Extension Example)
6/18
(2 Days)
6/20
IAP Schedule

34. 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

35. 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
• Don‟t 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

36. Recap
• Documentation is Key: Content Must be Consistent
• Schedules Must Be Sound and Accurate
• Don‟t Ignore Updates
• Choose Your Technique Wisely
• Consider Concurrency
• Present Claim as a Concise Package
• Don‟t Throw the Kitchen Sink into the Claim
• Resolution Inversely Proportional to Submittal Time

37. Contact Information
Brisbane Office
2/19 Musgrave Street
West End, QLD, 4101
Email: anamariap@mclachlanlister.com
Phone: 61 07 3255 0223
Sydney Office Perth Office
Level 1, 1 Hickson Road 189 Colin Place
Phone: 61 02 9241 7328 Phone: 61 08 9480 0647