construction delay analysis methods - forensisgroup

7/28/2019 Construction Delay Analysis Methods - ForensisGroup

1/4

4/9/13 Construction Delay Analysis Methods - ForensisGroup.com

www.forensisgroup.com/expert-articles/construction-delay-analysis-methods

Construction Delay Analysis Methods

By Expert No. 51241

Construction projects often suffer from delays due to a wide variety of reasons, which can have severe financial

impact on the project. As a result, delay claims may be filed. The analysis of the delay impact with the causes and

effects of the delaying activities is one of the most complicated types of claims analysis. It requires an expert with

extensive knowledge of construction projects, means and methods, scheduling and the ability to develop a sound

methodology to conduct the analysis. Most of these delay claims reach the expert after completion of the project. This

results in a detailed intensive research of the documents to verify schedules, events, sequence of work, changes

during construction and the delay impact.

This article will address these challenges and the various delay analysis methods.

Below is a list of common delay causes encountered on construction proje cts. One of the complications of a delay

analysis is that the delays can be caused by few of these listed causes or a complex mix of these causes. The time of

their occurrence and who caused what delay add to the difficulty of the analysis.

Errors and omissions in the contract documents:

Missing information.

Not having a phasing plan in the bid documents when the site work has to be done in phases.

Conflicting information that need design revisions.

Contractor caused delays for reasons under their control:

Not having enough labor force on site.

Contractual problems between the prime contractor and subcontractors.

Cash flow issues.

Lack of proper planning and management of the project.

Delays for reasons beyond the contractor or owners control:

Strikes

Out of state manufacturers shut down.

A subcontractor going out of business in the middle of the project.

Unusual weather conditions.

Owner caused delays for reasons under their control:

Scope changes.

Limiting contractors access to parts of the site.

Cash flow.

Late processing of contractors requests for clarifications and change orders.

A higher level political factor that impacted the projects progress.

Personality conflicts between the projects team.

Unfortunately, sometimes this factor results in the team making things difficult on site that cause delays. In this

case each party blames the other for the delay.

One of the main steps in the delay analysis is to research the projects documents to identify causes like the above

that delayed the project. The methodology used to determine the impact of these factors is the heart of the difficulty of

this type of analysis. To better understand the level of difficulty involved, please note the following basic concepts that

have to be factored in:

Critical, Non-Critical Delays And Float

The project activities in a schedule are 2 types, critical and non critical. The non critical activities have certain number

of days (float) where the activity can be delayed without delaying the whole project. For example five days float means

that the activity can be delayed up to five days without delaying the whole project. The critical activities have zero or

less float which means that each delay day will delay the whole project. Determining which activities are critical and

non critical depends on the durations and logic of the sequence of activities. Rebuilding the schedule after the fact,

determining which activities are critical and which ones are non critical and establishing the logic, which usually

changes through the project, takes a highly technical research of the documents. Some assumptions and judgments

may have to be taken during the analysis.

Excusable And Non-Excusable De lays

Excusable delays simply mean delays at no fault to the contractor. In this case a time extension is owed to the

contractor. Non-excusable delays are delays due to the contractors fault. A detailed revision of the contracts terms

and conditions is critical to properly classify the type of each delay identified in the analysis.

877-269-2788

FREE RECRUITING

if we do not currently

First Name Last Name

Email Address

Company

Phone Number

Area of Expertise

Please Select a State

Case Name

Case issues you want theexpert to address

Disclaimer

Blog Archive

2013

April (4)

March (10)

February (11)

January (12)

2012

December (5)

What Our Clients Say

We liked the expert referred

by the ForensisGroup. He did a

very good job for us. Had we

gone to trial, we anticipated that

he would have presented well

be...

Rusty Franklin, Esq.

SCHAFFER LAX

MCNAUGHTON & CHEN

JONES & MAYER

Read All Testimonials

Advanced Search

Search by Discipline or

Expertise and Location

Type Keyword To Search

Location

Home Find Experts Expert Witness Resources for At torneys Become An Exper t Exper t Witness Ar ticles Our Blog
http://www.forensisgroup.com/our-blog/archive/calendar/2012/12http://www.forensisgroup.com/our-blog/archive/calendar/2013/01http://www.forensisgroup.com/our-blog/archive/calendar/2013/04http://www.forensisgroup.com/http://www.forensisgroup.com/resources-for-attorneys/http://www.forensisgroup.com/become-an-experthttp://www.forensisgroup.com/http://www.forensisgroup.com/http://www.forensisgroup.com/our-blog/latesthttp://www.forensisgroup.com/expert-articles/http://www.forensisgroup.com/become-an-experthttp://www.forensisgroup.com/resources-for-attorneys/http://www.forensisgroup.com/http://www.forensisgroup.com/client-testimonials?testimonial=31#t31http://www.forensisgroup.com/our-blog/archive/calendar/2012/12http://www.forensisgroup.com/our-blog/archive/calendar/2013/01http://www.forensisgroup.com/our-blog/archive/calendar/2013/02http://www.forensisgroup.com/our-blog/archive/calendar/2013/03http://www.forensisgroup.com/our-blog/archive/calendar/2013/04http://www.forensisgroup.com/


2/4



Compensable And Non-Compensable Delays

Compensable delays are delays where the delayed party is owed money to compensate for the loss due to the delay.

Non-compensable delay is a delay where a time extension is owed but no compensation is owed to the delayed party.

For example, some contracts specify that delays due to reasons beyond the control of the owner and the contractor

are delays where a time extension is granted but no compensation is paid to the delayed party. A good understanding

of the contract terms is critical to the expert analyzing the delay claim.

Concurrent Delays

Some analysts simply list the delays, calculate the number of days for each delay, add them up and claim the total as

the total number of delay days. Well, that is far from being an accurate analysis. The timing of each of these delays is

important. We may have three delay causes that occurred during overlapping time periods or within the same period.

The schedule and the actual site events have to be examined at the start date of each one of these delays to analyzeits impact. We may find that only one of the three concurrent delays had an impact on the critical path of the project.

After plugging that in the updated schedule, we can find out the new completion date of the whole schedule.

Using Critical Path Method scheduling (CPM) provides analysts the needed tools to conduct a proper analysis. To

understand the tremendous advantage of having CPM technology, please allow me to give you a brief idea about

basic principles of CPM scheduling.

Prior to CPM scheduling, owners, contractors and any other businesses that needed schedules like large

manufacturers used scheduling techniques where activities were listed and the sequence identified but the activities

were not tied by logical relationships. Therefore, any delay or change of schedule needed reconstruction of the whole

schedule. So, if we have a large schedule with hundreds of activities, you can imagine the cumbersome process of

updating the schedule, say at 75% of the project or identifying the impact of a delay on the schedule.

The CPM method and the relevant software give the user the ability to tie the schedules activities by logic

relationships. For example:

Activity B shall start when activity A is completed.

Activity C can start only when A and B are completed.

Activity D will start 5 days after activity A starts.

A scheduler builds a schedule by performing the following basic steps:

Define the activities.

Assign durations for each of the activities.

Identify the predecessor and successor activities.

Allocate the proper relationships similar to the described above.

The software automatically performs the CPM calculations, displays the schedule, gives you the completion date

and identifies the critical and non critical activities.

The CPM scheduling method helps the user do the following:

Update the schedule and clearly note the change of the completion date.

Manipulate the relationships and duration of activities to change the logic of the schedule to recover a delay and

bring back the completion date to a desired date.

Insert a delay factor to an activity and immediately read the new completion date.

Identify the critical activities. These are the activities that dont have any room (float) for any delays. A 3 days

delay on a critical activity delays the whole project by 3 days unless the revised logic of the schedule dictates

otherwise.

Identify non critical activities. These activities have different amounts of float. A float of 20 days means that this

activity can be delayed up to 20 days without impacting the whole schedule.

When the first submitted schedule is approved, it is considered a base schedule for future updates and delay

analysis. That means the project manager needs to carefully review the schedule and the critical path prior to

approving the schedule. Some of the elements that need careful review are:

Verify that the start and completion dates of the whole project match the contract dates.

Check that the assigned durations are realistic.

Review the logical ties between the activities.

Look through the critical path and check what activities are critical.

If the schedule show the phasing required.

Having introduced all these basic concepts related to delay analysis, please note below the different methods that are

commonly used to analyze delays:

As-Planned vs. As-Built method

Impacted As-Planned method

Collapsed As-built or But for method

Window analysis method

As-Built method

Contemporaneous method

As-Planned Vs. As-Built Method

The analyst compares the dates and durations of selected activities shown on the as-planned schedule with the actual


3/4



dates and durations on an as-built schedule and considers the difference to be the delay on the job.

This is a very simplistic view of the delay claim because it ignores the following important factors:

The cause of the delays.

The timing of the individual delays and their impact on the schedule to be able to attribute the correct amount of

delay days to the right responsible party.

It ignores the impact of concurrent delays.

It ignores the fact that the logic and sequence of the as-planned schedule may have changed through the project

due to numerous delaying factors.

Impacted As-Planned Method

In this method the analyst lists the excusable delays (or delays where time extension is owed to the contractor) andinserts the extended duration to the relevant activities. The analyst reads the revised completion date and calculated

the days between this date and the as-planned completion date and determines that these are the number of days

owed to the contractor. The sources of error in this method are:

It ignores the actual as-built schedule and events on site.

It assumes that the logic of the as-planned schedule reflect the reality on site.

It ignores the inexcusable delays that may have been concurrent to some of these inserted delays which impacts

the number of days owed to the contractor.

Since the analyst is only using the as-planned schedule, this method doesnt incorporate changes in logic and

out of sequence work.

Collapsed As-Built Or But For Method

In this method the analyst takes the actual as-built schedule and takes out the duration of all the excusable delays

(delays rightfully owed to the contractor). This revision forms the collapsed as-built schedule. The analyst reads the

completion date on the collapsed as-built schedule and considers this date to be the completion date of the project

had the contractor not been delayed. The analyst calculates the days between the collapsed as-built and the

completion date from the as-built schedule and considers these days to be the days owed to the contractor. The

sources of error in this method are:

It depends on the as-built schedule to be accurate.

The excusable delays removed from the as-built schedule are assumed to be excusable without a complete

analysis of these delays, the causes and concurrencies. That means subjective assumptions and judgments

have been taken and need to be examined.

It doesnt factor in how the sequence of operation changed, any acceleration that took place, any recovery that

took place because the as-built schedule is a representation of what really happened on site without addressing

causes and effects of delays along the way.

In some cases, where an as-built schedule does not exist, the analyst recreates the as-built schedule based on

his/her research. This product does not reflect the planned logic of activities or the planned critical path.

Window Analysis Method

This method is based on analyzing the delay over the entire schedule dividing it to windows with a selected duration,most commonly used is monthly. The analyst looks at the activities within the selected window, updates the activities

incorporating the delays within the selected window. Updating the selected window changes the as-planned schedule

to an as-built schedule up to the end date of the selected window and becomes the basis for projecting the remaining

activities from the end of the window to the completion of the project. The sources of error in this method are:

Need to have accurate as-built information on the start and finish dates of the windows.

The original base schedule has to be accurate.

There may be delaying activities outside the selected window that have an impact.

As-Built Method

This method is used in the absence of reliable schedules on the job. In this case the analyst recreates a schedule

based on actual information. The analyst determines the logical ties between the activities to form a retrospective

schedule which becomes the basis for analyzing the effect of the delays. Durations are given to the activities based on

reasonable time to finish the various activities. The delays are then inserted in the newly created schedule and then

compared with the actual as-built durations to calculate the number of delay days. The sources of error in the method:

The analyst has to be very experienced in construction means and methods.

There is a lot of judgment calls by the analyst that need to be examined.

Contemporaneous Me thod

This is usually the preferred method of analyzing delays. In this method, the analyst takes a look at the schedule and

actual site progress on the starting date of each delay, and then inserts the delays in the schedule. The new

completion date is compared to the original completion date to determine the delay days. This way the impact of

concurrent delays is incorporated, the new critical path reflects reality on site and effect of the delaying causes. The

sources of error in this method:

Having good documentation to reflect the actual site progress.

Accurate schedule updates.

As a conclusion, the analyst has to select the method to use. Each one has its advantages and problems. Sometimes

the nature of the case, available time, documents availability or budget consideration influence the method selection.


4/4



Expert No. 51241 is experienced in civil engineering and has been in the construction industry since 1983. Heholds a B general contractor license, real estate license and a certificate in project management from UCLA. He

has conducted numerous training sessions on construction management topics such as principles of critical path

method scheduling, construction management of public works projects, preconstruction, design management,

contract administration, scheduling, change orders, construction logs, claims avoidance, claims preparation and

negotiations and close out. He assumed a wide variety of positions in construction including superintendent,

construction manager, project manager, senior project manager for contractors and as an owners representative

managing projects from planning to close out. He managed a variety of projects such as schools, libraries,

community centers, transportation center, restaurants, retail, single family homes, high rise buildings, health club

and dealt with a lot of public agencies and private owners.

Similar experts may be found under:

Building Engineer, Civil Engineer, Construction Defects, Construction Delays, Construction Engineer, Construction

Funds Disbursement, Construction Management, Construction Safety, Construction Scheduling, Drainage, Estimator,

General Contractor, Occupational Safety and Health, Project Management, Real Estate Development, Real Estate

Transactions, Residential Real Estate, Street Design, Surveying

ForensisGroup articles provide information about legal matters related to the expert witness industry. Legal

information is not the same as legal advice. While ForensisGroup goes to great lengths to ensure that the

information it offers is useful and accurate, we always recommend that you consult a professional before acting on

any legal information read on the Internet.

Disciplines And Expertise Index

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Expert Witnesses, Consultants and Litigation Support Consultants by StateArizona, California, Florida, Illinois, Nevada, New Jersey, New York, Oregon, Texas, Washington

In Demand Expertise

Accidents & Safety, Appraisal, Business, Construction, Engineering, Insurance, Medical, Real Estate

Expert Witness Consulting Complex Litigation Related Content Popular Searches

Choosing one expert w itness is alw ays challenging, but many cases require more than one expert w itness or consultant to complete the job. Imagine a typical car accident w here issues ar ise

regarding personal property damage, product liability, medical injuries, insurance claims and more. Any or all of these individual issues might require the need f or a specialty expert w itness.

ForensisGroups expert w itness directory has a database of over 2,000 pre-screened and highly qualified experts. Whether youre looking for a product liability expert trained in accident

reconstruction, or an oral surgeon w ho specializes in temporomandibular joint disorder (TMJ syndrome), ForensisGroup can help you f ind the perfec t match. Our experts include some of the nations

leading environmental engineers, failure analysis experts, LEED consultants, construction def ect experts , forensic toxicologists, accountants, and more. We have placed experts in over 10,000

cases nationw ide, so dont let your location stop you from contacting our team of legal experts. We offer free no-obligation recruiting, free consultations, and a network of expert w itnesses and

consultants that are unparalleled in both quality and depth. Located in Southern California, ForensisGroup is the go to company to f ind a California expert w itness or consultant. Stop w asting time andvaluable resources. Contact ForensisGroup and cross examine thousands of experts immediately w ith just one phone call.

Unauthorized use or reproduction of this site or its contents isill egal. This site is the sole property of ForensisGroup, Inc. Allrights reserved. Information provided i s not lega l o r professionaladvice. Publi sher assumes no liab ili ty in connection with the useof published information. 2013 ForensisGroup, Inc.Questions? Please contact [email protected].

Home Litigation Support Services

All Discipli nes and Expe rtise Expert Witne ss Articl es

Client List Frequently Asked Questions

About ForensisGroup Event Cal enda r

Legal Client Testimonials

Contact Us Become An Expert

Gives Back Program Site Map

Visit o ur sister sites:

Expert Witnesses

California Expert Witnesses

Medical Expert Witnesses

Construction Expert Witnesses

Business Expert Witnesses
http://www.forensisgroup.com/expert-articles/construction-delay-analysis-methods#pagehttp://www.la.bbb.org/Business-Report/Forensis-Group-Inc-13101560?source=ctchttp://www3.ambest.com/legal/icon/firmprofile.asp?co_code=17038http://www.businessexpertwitnesses.com/http://www.constructionexpertwitnesses.com/http://www.medicalexpertwitnesses.net/http://www.californiaexpertwitnesses.net/http://www.expertwitnesses.net/http://www.forensisgroup.com/sitemaphttp://www.forensisgroup.com/forensisgroup-gives-back-program-on-its-5th-yearhttp://www.forensisgroup.com/become-an-experthttp://www.forensisgroup.com/contact-ushttp://www.forensisgroup.com/client-testimonialshttp://www.forensisgroup.com/legalhttp://www.forensisgroup.com/event-calendar/http://www.forensisgroup.com/about-forensisgroup-expert-witness-serviceshttp://www.forensisgroup.com/frequently-asked-questionshttp://www.forensisgroup.com/client-listhttp://www.forensisgroup.com/expert-articles/http://www.forensisgroup.com/disciplines-and-expertisehttp://www.forensisgroup.com/experts/litigation-support-services/http://www.forensisgroup.com/mailto:[email protected]://www.forensisgroup.com/experts/california-expert-witnesses/http://www.forensisgroup.com/experts/forensic-toxicology/http://www.forensisgroup.com/experts/accident-reconstruction/http://www.forensisgroup.com/experts/product-liability/http://void%280%29/http://void%280%29/http://void%280%29/http://void%280%29/http://www.forensisgroup.com/experts/real-estate-expert-witnesses/http://www.forensisgroup.com/experts/medical-expert-witnesses/http://www.forensisgroup.com/experts/insurance-expert-witnesses/http://www.forensisgroup.com/experts/engineering-expert-witnesses/http://www.forensisgroup.com/experts/construction-expert-witnesses/http://www.forensisgroup.com/experts/business-expert-witnesses/http://www.forensisgroup.com/experts/appraisal-expert-witnesses/http://www.forensisgroup.com/experts/accident-and-safety-expert-witnesses/http://www.forensisgroup.com/experts/washington-expert-witnesses/http://www.forensisgroup.com/experts/texas-expert-witnesses/http://www.forensisgroup.com/experts/oregon-expert-witnesses/http://www.forensisgroup.com/experts/new-york-expert-witnesses/http://www.forensisgroup.com/experts/new-jersey-expert-witnesses/http://www.forensisgroup.com/experts/nevada-expert-witnesses/http://www.forensisgroup.com/experts/illinois-expert-witnesses/http://www.forensisgroup.com/experts/florida-expert-witnesses/http://www.forensisgroup.com/experts/california-expert-witnesses/http://www.forensisgroup.com/experts/arizona-expert-witnesses/http://www.forensisgroup.com/disciplines-and-expertise#zhttp://www.forensisgroup.com/disciplines-and-expertise#yhttp://www.forensisgroup.com/disciplines-and-expertise#xhttp://www.forensisgroup.com/disciplines-and-expertise#whttp://www.forensisgroup.com/disciplines-and-expertise#vhttp://www.forensisgroup.com/disciplines-and-expertise#uhttp://www.forensisgroup.com/disciplines-and-expertise#thttp://www.forensisgroup.com/disciplines-and-expertise#shttp://www.forensisgroup.com/disciplines-and-expertise#rhttp://www.forensisgroup.com/disciplines-and-expertise#qhttp://www.forensisgroup.com/disciplines-and-expertise#phttp://www.forensisgroup.com/disciplines-and-expertise#ohttp://www.forensisgroup.com/disciplines-and-expertise#nhttp://www.forensisgroup.com/disciplines-and-expertise#mhttp://www.forensisgroup.com/disciplines-and-expertise#lhttp://www.forensisgroup.com/disciplines-and-expertise#khttp://www.forensisgroup.com/disciplines-and-expertise#jhttp://www.forensisgroup.com/disciplines-and-expertise#ihttp://www.forensisgroup.com/disciplines-and-expertise#hhttp://www.forensisgroup.com/disciplines-and-expertise#ghttp://www.forensisgroup.com/disciplines-and-expertise#fhttp://www.forensisgroup.com/disciplines-and-expertise#ehttp://www.forensisgroup.com/disciplines-and-expertise#dhttp://www.forensisgroup.com/disciplines-and-expertise#chttp://www.forensisgroup.com/disciplines-and-expertise#bhttp://www.forensisgroup.com/disciplines-and-expertise#ahttp://www.forensisgroup.com/experts/surveying/http://www.forensisgroup.com/experts/street-design/http://www.forensisgroup.com/experts/residential-real-estate/http://www.forensisgroup.com/experts/real-estate-transactions/http://www.forensisgroup.com/experts/real-estate-development/http://www.forensisgroup.com/experts/project-management/http://www.forensisgroup.com/experts/occupational-safety-and-health-osha/http://www.forensisgroup.com/experts/general-contractor/http://www.forensisgroup.com/experts/estimator/http://www.forensisgroup.com/experts/drainage/http://www.forensisgroup.com/experts/construction-scheduling/http://www.forensisgroup.com/experts/construction-safety/http://www.forensisgroup.com/experts/construction-management/http://www.forensisgroup.com/experts/construction-funds-disbursement/http://www.forensisgroup.com/experts/construction-engineer/http://www.forensisgroup.com/experts/construction-delays/http://www.forensisgroup.com/experts/construction-defects/http://www.forensisgroup.com/experts/civil-engineer/http://www.forensisgroup.com/experts/building-engineer/

construction delay analysis methods - forensisgroup

Documents