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VERTEX Construction Delays and Forensic Schedule Analyses
The document provides an overview of various forensic schedule analysis methods for construction delay claims, focusing particularly on time impact analysis methodologies. It outlines several standard methodologies, including retrospective and prospective analyses, and the specific implementations necessary for justifying delays in construction projects. Additionally, it mentions the importance of timely submissions of delay claims to contracting authorities in accordance with established provisions.
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VERTEX Construction Delays and Forensic Schedule Analyses
- 1. www.vertexeng.com An Overview ofVarious Forensic Schedule Analysis Methods for Construction Delay Claims Including Time Impact Analysis Forensic Schedule Analyses For Construction Delays
- 2. www.vertexeng.com “Nowhere is theconfusion between moral and legal ideas more manifest than in the law of contract…The duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it – and nothing else.” Justice Oliver Wendell Holmes The Path of the Law, Harvard Law Review, March 25, 1897 “Although figures do not lie, liars figure.”
- 3. www.vertexeng.com Specific Delay ClaimsProvisions Exist “Provide a justification of delay to the Contracting Officer in accordance with the contract provisions and clauses for approval within 10 days of a delay occurring. Also prepare a time impact analysis for each Government request for proposal (RFP) to justify time extensions.” - UNIFIED FACILITIES GUIDE SPECIFICATIONS (USACE / NAVFAC / AFCESA / NASA) “When changes or delays are experienced and a Notice of Direction (NOD) is executed by the Authority, the Contractor must submit a Time Impact Analysis. This analysis must include a written narrative and supporting schedule fragnet detailing the anticipated schedule impact of the change(s), if any.” - NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY
- 4. www.vertexeng.com Delay Analysis Process Thereare several industry standard methodologies used to perform time impact analyses for construction delay claims. Determining which is the best method to use is dependent on several factors. 1 BASIC Method • Retrospective • Prospective 2 SPECIFIC Method Observational: • Static Logic Observation • Dynamic Logic Observation Modeled • Additive Modeling • Subtractive Modeling 3 BASIC Implementation • Gross or Periodic Mode • Contemporaneous: As-is or Contemporaneous: Split • Modified or Recreated • Single Base Simulation or Multi Base Simulation 4 SPECIFIC Implementation • Fixed Periods vs. Variable/Grouped Periods • Global (Insertion or Extraction) vs. Stepped (Insertion or Extraction) METHOD IMPLEMENTATION 4 Steps
- 5. www.vertexeng.comwww.vertexeng.com The Methodologies An overviewof the methodologies covered.
- 6. www.vertexeng.com Time Impact Analysis Thebelow is a snapshot of nine methodologies, commonly referred to as Time Impact Analysis, which are routinely used to evaluate construction delay claims. Following are more details on each method and the scenarios for which they are most useful. Methodologies overview Retrospective Observational Dynamic Logic Observation Contemporaneous Updates All Periods / Grouped Periods Method 1 Retrospective Observational Dynamic Logic Observation Modified/Reconstructed Logic Fixed Periods / Variable Windows Method 2 Prospective Observational Dynamic Logic Observation Contemporaneous Updates Method 3 Retrospective Modeled Additive Single Base Stepped Collapse Method 4 Retrospective Modeled Additive Multi Base Fixed Periods Method 5 Retrospective Modeled Subtractive Single Simulation Stepped Collapse Method 6 Retrospective Modeled Subtractive Multi Simulation Fixed Periods Method 6 Prospective Modeled Additive Single Base Global Insertion | Stepped Insertion Method 8 Retrospective Modeled Subtractive Single Base Global Collapse | Stepped Collapse Method 9 BASIC SPECIFIC METHOD BASIC SPECIFIC IMPLEMENTATION
- 7. www.vertexeng.com Retrospective or ProspectiveCanbe either • Can be performed during the project or after completion. • Performed after the impact of the event is known • Performed while Project is ongoing. • Performed contemporaneously with delay event. • Estimate of Schedule Impact due to event – not a forensic analysis Retrospective Analysis Prospective Analysis VS Depending on whether you are in the midst of construction or after the fact, when a construction delay claim is identified, analysis falls into one of two categories.
- 8. www.vertexeng.com Time Impact Analysis Thismethod allows for an objective evaluation of impacts to contemporaneous schedule updates without the need for “after-the-fact” modeling. Retrospective Observational Dynamic Logic Observation Uses schedule updates whose logic network may differ to varying degrees from the baseline and from each other Contemporaneous Updates Uses schedule updates that were prepared contemporaneously during the project. All Periods / Grouped Periods All Periods: The analysis is performed for each and all contemporaneous updates. Whether the periods are of fixed or variable width is dictated by the frequency of the contemporaneous updates, not by the forensic analyst Grouped Periods: The analysis is performed for grouped periods where each group may contain updates between two or more updates with the same planned critical path being compared for variance calculation. Method 1 BASIC SPECIFIC METHOD BASIC SPECIFIC IMPLEMENTATION
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- 10. www.vertexeng.com Time Impact Analysis Thismethod considers the dynamic nature of the critical path by taking into account and identifying the changes to the network logic that affect the critical path, even when contemporaneous updates do not exist. Retrospective Observational Dynamic Logic Observation Uses schedule updates whose logic network may differ to varying degrees from the baseline and from each other Modified / Reconstructed Logic Modified / Reconstructed Logic: This involves extensive modification of the contemporaneous updates, or the recreation of entire updates where no contemporaneous updates exist, as in the recreated implementation. Fixed Periods / Variable Windows Fixed Periods: The analysis periods are of virtually identical widths (duration) and may coincide with regular schedule update periods Variable Windows: The analysis periods are of varying widths (duration) and are characterized by their different natures such as the type of work being performed, the types of delaying influences or the operative contractual schedule under which the work was being performed. Method 2 BASIC SPECIFIC METHOD BASIC SPECIFIC IMPLEMENTATION
- 11. www.vertexeng.com Time Impact Analysis Thismethod allows for an objective evaluation of impacts to contemporaneous schedule updates without the need for “what-if” modeling. Prospective Observational Dynamic Logic Observation Uses schedule updates whose logic network may differ to varying degrees from the baseline and from each other Method 3 Contemporaneous Updates Uses schedule updates that were prepared contemporaneously during the project. BASIC SPECIFIC METHOD BASIC IMPLEMENTATION Not Applicable BASIC SPECIFIC METHOD BASIC SPECIFIC
- 12. www.vertexeng.com Time Impact Analysis Thismethod can be quickly implemented and does not require the use of an “as-built” schedule as a base. However, this method cannot account for the impact of any concurrent delays. Retrospective Modeled Additive The additive modeling method consists of comparing a schedule with another schedule that the analyst has created by adding schedule elements (i.e. delays) to the first schedule for the purpose of modeling a certain scenario Single Base Single Base: Delay activities are added to a single CPM network – aka impacted as-planned Fixed Periods / Variable Windows Fixed Periods: The analysis periods are of virtually identical widths (duration) and may coincide with regular schedule update periods Variable Windows: The analysis periods are of varying widths (duration) and are characterized by their different natures such as the type of work being performed, the types of delaying influences or the operative contractual schedule under which the work was being performed. Method 4 BASIC SPECIFIC METHOD BASIC SPECIFIC IMPLEMENTATION
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- 14. www.vertexeng.com Time Impact Analysis Thismethod can be quickly implemented and does not require the use of an “as-built” schedule as a base. However, this method cannot account for the impact of any concurrent delays. Retrospective Modeled Additive The additive modeling method consists of comparing a schedule with another schedule that the analyst has created by adding schedule elements (i.e. delays) to the first schedule for the purpose of modeling a certain scenario Multi Base Multi Base: Delay activities are added to multiple CPM networks – aka window analysis. Fixed Periods Fixed Periods: Analysis periods are fixed in date and duration by the data dates used for the contemporaneous schedule updates, usually in regular periods such as monthly. Each update period is analyzed. Method 5 BASIC SPECIFIC METHOD BASIC SPECIFIC IMPLEMENTATION
- 15. www.vertexeng.com Time Impact Analysis Theconcept of this method is easy to understand and can be implemented without the use of a baseline or updated schedules. Retrospective Modeled Subtractive The subtractive modeling method consists of comparing a CPM schedule with another schedule that the analyst has created by subtracting schedule elements (i.e. delays) from the first schedule for the purpose of modeling a certain scenario. Single Simulation Single Simulation: Delay activities are removed from a single CPM network Stepped Collapse Stepped Collapse: Delays are removed individually from a CPM network for analysis. Method 6 BASIC SPECIFIC METHOD BASIC SPECIFIC IMPLEMENTATION
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- 17. www.vertexeng.com Time Impact Analysis Thismethod allows for a limited quantification of any schedule mitigation and/or acceleration as well as accounting for changes in the prospective critical path of the schedule updates reviewed. Retrospective Modeled Subtractive The subtractive modeling method consists of comparing a CPM schedule with another schedule that the analyst has created by subtracting schedule elements (i.e. delays) from the first schedule for the purpose of modeling a certain scenario. Multi Simulation Single Simulation: Delay activities are removed from a single CPM network Fixed Periods Fixed Periods: Analysis periods are fixed in date and duration by the data dates used for the contemporaneous schedule updates, usually in regular periods such as monthly. Each update period is analyzed. Method 7 BASIC SPECIFIC METHOD BASIC SPECIFIC IMPLEMENTATION
- 18. www.vertexeng.com Time Impact Analysis Thismethod can be quickly implemented and does not require the use of an “as-built” schedule as a base. However, this method cannot account for the impact of any concurrent delays. Prospective Modeled Additive The additive modeling method consists of comparing a schedule with another schedule that the analyst has created by adding schedule elements (i.e. delays) to the first schedule for the purpose of modeling a certain scenario. Single Base Single Base: Delay activities are removed from a single CPM network– aka impacted as-planned. Global Insertion / Stepped Insertion Global Insertion: Global Insertion Delays are inserted into a CPM Network all at once for analysis. Stepped Insertion: Delays are inserted into a CPM Network individually for analysis. Method 8 BASIC SPECIFIC METHOD BASIC SPECIFIC IMPLEMENTATION
- 19. www.vertexeng.com Time Impact Analysis Forfurther information about this topic or to contact VERTEX directly, CLICK HERE. Contact AUTHORED BY: David M. Ponte, P.E. Division Manager – Contract Claims The Vertex Companies 400 Libbey Industrial Parkway Weymouth, Massachusetts 02189 USA tel: +1 781.952.6012 fax: +1 781.952.6060 email: dponte@vertexeng.com
- 20. www.vertexeng.com 1. Recommended PracticeNo. 29R-03 “Forensic Schedule Analysis”, AACE International, June 23, 2009 2. Recommended Practice No. 52R-06 “Time Impact Analysis – AS Applied in Construction”, AACE International, October 19, 2006 3. Zack, Jr., James G., Delay and Delay Analysis: Isn’t it Simple? 1st ICEC & IPMA Global Congress on Project Management, Ljubljana, Slovenia April 26, 2006. Time Impact Analysis References
Editor's Notes
- #6 This is meant to be an overview of AACE RP 29R-03 which covers various forensic schedule analysis methods; not just Time Impact Analysis. (TIAs). The methods identified in the presentation may sometimes be referred to as TIAs but are also referred to by other names (For instance, method #1 describes a windows analysis).
- #7 This is meant to be an overview of AACE RP 29R-03 which covers various forensic schedule analysis methods; not just Time Impact Analysis. (TIAs). The methods identified in the presentation may sometimes be referred to as TIAs but are also referred to by other names (For instance, method #1 describes a windows analysis).