Q&A: Delays, Variations, and Revised Programmes

The following questions were answered by Steering Committee member, Lee Sporle during Construction Clinic 11, recorded on 9 June 2020. The responses have been summarized from the original. The entire webinar may be viewed on-demand on YouTube. Question 1 Question: We have a project timeline from January 2020 to July 2020. By March 2020, the project was running behind schedule by 60 days and we had an extension for 30 days. Our revised programme was submitted with a cut-off date in March 2020 and the new completion date set to August 2020 instead of July 2020, and the Contractor recovered his 30 days delay. We have another claim event started just after the data date of March 2020. Which version of programme update do we use to analyse the delay using the TIA method: the revised programme, which the Contractor has delayed due to the recovery made, or the normal update on the baseline programme, the revised programme, which shows the real Contractor delay at this time? Answer: OK. So,…

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Q&A: Delays, Disruption, and Arbitration

The following questions were answered by Steering Committee member, Lee Sporle during Construction Clinic 9, recorded on 19 May 2020. The responses have been summarized from the original. The entire webinar may be viewed on-demand on YouTube. Question 1 Question: I was recently invited to bid for an expert appointment along with a delay analyst. The expert report will eventually be used in arbitration at a later date. The background is as follows: The Engineer approved the baseline programme, but it wasn't linked, nor did it show a critical path. The Engineer had approved an extension of time based on an impacted as-planned delay analysis. During private discussions, the expert delay analyst stated that we should protect the Engineer and not alienate him and that we should look to be reasonable and find a solution to support the EoT and support what we believe to be a reasonable EoT for the Contractor. With an expert hat on what is the panel's thoughts about this scenario,…

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Q&A: Delays, Mitigation, and Recovery

The following questions were answered by Steering Committee member, Lee Sporle during Construction Clinic 8, recorded on 19 May 2020. The entire webinar may be viewed on-demand on YouTube. Question 1 Question: If a delay is justified, at what time is it justified? Is it at the end of the original completion period or at the occurrence of the delay? Answer: By justified, I assume you mean it's actually approved, accepted, and is valid. So, at what time is it justified? Well, the delay occurs when it occurs. So that's the delay, period. If it's critical, then the effect of that will delay your project completion. If it's non-critical, it will be a delay just in that area. In that case, there won't be a delay to a project's completion. So, at what time is it justified? It's at the time the event occurs, but that could lead to a delay in your project completion. The question's a little bit vague, but the delay is when it occurs and you analyse when the delay occurred and any costs…

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Q&A: COVID-19, Programme, Float, and Delays

In this blog post, Steering Committee member, Lee Sporle, answers questions related to delays arising from COVID-19 and clears up float confusion. These questions were answered in our sixth Construction Clinic session, which took place in May, 2020. The entire webinar may be viewed on-demand on YouTube. Question 1 Question: I'm acting as the Engineer under a FIDIC Yellow contract. It has two stages clearly identified. According to the contractual programme, they should have finished and handed over the first stage before COVID-19 impacted our area, but they didn't. No reasons and/or previous claims. Now under the new scenario, they are working at one-third of the pace and they've started to submit Notices pleading, among others, force majeure. Beyond the specific FIDIC clauses that the contract may or may not have regarding these issues, my question is whether the Contractor does or does not have the right to issue any claim when all the problems have arisen solely due to his own…

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Q&A: COVID-19, EOT Claims, and Delay Analysis Methodologies

In this blog post, Steering Committee member, Lee Sporle, answers questions related to claims submissions during COVID-19. This blog has been extracted from our fourth Construction Clinic session, which took place in April of 2020. The entire webinar may be viewed on-demand on YouTube. Question 1 Question: Conducting the delay analysis, it was found that the programme updates contained out-of-sequence activities which resulted in incorrect dates. Should it be corrected and justified prior to the analysis, or can I simply reject the EOT submission? Answer: Firstly, what delay analysis method are you going to perform? If you’re performing a Window Analysis-based method, As-Planned As-Built, then it won’t matter because you aren’t looking at any forecasting or entitlement; you’re looking at actual delay. So, under an As-Planned As-Built Window Analysis, you’ll be reviewing in a window period of time: what was planned, what actually happened, and how much was the critical path affected in…

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