On 23 May 2012, McLachlan Lister's Anamaria Popescu made a presentation on "Extensions of Time - Avoiding the Traps or Taking Advantage of Them" in conjunction with well-known Australian law firm Holding Redlich

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