EOT Tricks and Traps
description
Transcript of EOT Tricks and Traps
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Dr. Anamaria Popescu,PE,PMP,PSP
McLachlan Lister - Hill International Australia
May 23, 2012
EOTs? Avoiding the Traps or Taking
Advantage of Them
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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
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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?
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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)
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Primary Ingredients
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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?
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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
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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?
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Schedule Integrity: Diagnostic Tools
P6: Schedule Log
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Schedule Integrity: Diagnostic Tools
Claim Digger
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Schedule Integrity: Diagnostic Tools
Acumen Fuse
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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!
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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
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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
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Documentation of Causation:
Delay Examples
Weather
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Documentation of Causation:
Delay Examples
Equipment & Material Problems
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Documentation of Causation:
Delay Examples
Design Issues
Environmental
HSSE Issues
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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
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Concurrent Delay: Otherwise Known As.
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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
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Concurrency: Net Affect Matrix
Have a Matrix As Part of Your Contract
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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
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Schedule Analysis: Choose Your Weapon
3.TIA
1.As-Planned vs. As-Built
2.Windows
Analysis
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As-Planned vs. As-Built
Comparison of start/finish dates between two schedule updates
Purely mathematical-Variance between dates
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As-Planned vs. As-Built
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
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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
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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
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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
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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
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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
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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
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Impacted As-Planned:(Acceleration)
IAP Schedule
As-Built Schedule
6/20
6/25
Acc
5
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Impacted As-Planned:(Time Extension Example)
IAP Schedule
6/20
6/18
(2 Days)
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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
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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
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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
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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