EOTs?
Avoiding the Traps or Taking
Advantage of Them
Dr. Anamaria Popescu,PE,PMP,PSP
McLachlan Lister - Hill International Australia
May 23, 2012
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
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?
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
Primary Ingredients
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
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
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
Schedule Integrity: Diagnostic Tools
P6: Schedule Log
Schedule Integrity: Diagnostic Tools
Claim Digger
Schedule Integrity: Diagnostic Tools
Acumen Fuse
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!
Documentation of Causation: Record Types
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 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
Documentation of Causation:
Delay Examples
Weather
Documentation of Causation:
Delay Examples
Equipment & Material Problems
Documentation of Causation:
Delay Examples
Design Issues
Environmental
HSSE Issues
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
Code
Delay
Split
Activities
Code
Resp.
Allocate
Actual
Duration
Concurrent Delay: Otherwise Known As.
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
Concurrency: Net Affect Matrix
Have a Matrix As Part of Your Contract
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
Schedule Analysis: Choose Your Weapon
1.As-Planned vs. As-Built
2.Windows
Analysis
3.TIA
As-Planned vs. As-Built
Comparison of start/finish dates between two schedule updates
Purely mathematical-Variance between dates
As-Planned vs. As-Built
Delayed Completion
Early Start
Overall Delay
As-Planned
As-Built
Delayed Start
Early Completion
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
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
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
AsPlanned
AsBuilt
Windows Analysis: Example
ID
Task Name
Jan 2006
Dur
9
Excavate
2d
2
3
1d
Form / Rebar
Concrete
3d
4d
Strip Forms
1d
8
9
Gain = +
Delay = --
4d
6
7
3d
4
5
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
As-Built
1d
Inspect
Planned
1d
10
1d
Gain
-1 -1 -1 -1
-1 -1 -1
-1 -1 -1 -1
-5
Null
Delay
Net
-1 -1 -1
2
0
-7
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
Impacted As-Planned (A.K.A TIA)
Insertion of impact activities into a baseline or
update schedule
Integrated into the network logic before, inbetween, 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
Impacted As-Planned:(Acceleration)
6/20
As-Built Schedule
Acc
5
6/25
IAP Schedule
Impacted As-Planned:(Time Extension Example)
6/18
(2 Days)
6/20
IAP Schedule
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
Presentation
1.
2.
Attach Source Documentation
Graphical Representation
3.
Schedule Updates: Prior to Impact and After Impact
Critical Path in Gantt Chart Format with Logic
Concurrency
Write Up
4.
Keep it Short and Sweet
Explanation of Impact Event: Timing,Activities,Duration
Cost Impact
Stand-By Costs of Equipment and Crews Affected
5.
6.
7.
Dont Claim Costs on Crews That Were Working!
Executive Summary at the Beginning
Submit Once Impact Event Is Known
Submit Again Once Full Impact Understood
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
Contact Information
Brisbane Office
2/19 Musgrave Street
West End, QLD, 4101
Email: anamariap@mclachlanlister.com
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
