Law & Order-Non Critical

Hi Puneet,

The impact of the Law & Order on your critical path activities will represent delay, and if this causes your completion date to be delayed, you will probably have an entitlement to EOT with costs.

If your non-critical activities are impacted (i.e., are extended in length but not sufficiently to affect the critical path), then this will represent disruption, often represented by a loss or reduction in labour productivity. In addition, activities such as engineering (as a result of recycling of earlier engineering work) will cause disruption, and procurement activities may also be affected.

The problem with Law & Order changes is that they can be retroactive, and therefore may result in claims related to re-work as well as out-of-sequence work.

Hope this helps

Stuart

www.rosmartin.com

Thank you very much fro your reply,
Ya its helps me to understand the impact of L&O

Law and Order situation pertains to Neither Party Default and also come under Force Majeure condition which definitely impacts your non-critical activities and causes delays therefore you can only get Extension of Time not the additional costs in this respect..

Shahzad,

I am not fully familiar with the details in this particular case, but in many other cases a change in the applicable law subsequent to Contract execution does allow the Contractor to be compensated for any unforeseeable additional costs that he incurs as a result on the change in the law.

Depending on the nature of the change in the law, the Contractor may also be entitled to EOT with costs as well as disruption costs. If any change in the law is specifically identified as a Force Majeure item, then it would be treated in the same way as all other Force Majeure matters.

Cheers,

Stuart

www.rosmartin.com

Hello Puneet,

I’m I correct to assume that the law and order in the project site was bad that it impacted in the construction progress.

How bad it was during the tender stage and after the tender stage or during award and implementation of contract.

Are terrorist present in the project area.

Irrespective of your answer, you can try this approach. Non-critical activity A with a duration of 30 calendar days was planned to start in day 1 (whatever calendar days). Due to worsening law and order situation, the actual start of Non-critical activity A was day 2. The date of day 2 was 360 calendar days after the planned start date day 1 (maybe or may not be, we will exagerate the delays to emphasis the impact).

Prepare an impacted schedule showing the delays of individual non-critical activities.

Re-evaluate the overall final completion date incorporating the impacted schedules of individual non-critical activities.

The longest dates is your claim entitlement for extension of time.

Simple, aren’t they or isn’t it.

Cheers,

Charlie

Mmmmmmm.....

I think you will find that any claim entitlement lies within the Contract terms and not within a pretty picture! ;-)

Stuart

www.rosmartin.com

Thanks a lot
Well..tell me one thing say i have one activity, on this activity there is a loss in productivity of 65% on a day and on the same day there is variation in work comes and i also have a baseline schedule...how will you show the impact now.?
I feel its not possible in primavera and as the project may go in arbitration so i have to make it presentable and with logic.
i have to count number of days activity got delayed, now as this vow(var of work) or Law and order comes after the start of activity (as per baseline schedule & not the actual start).
Is there anyway to get the right delay?

This delay you can easily show by using any software such as MS project or Suretrack rather than in Primavera in presentable form to your Client which is understandable for each Party including Arbitrator during your arbitration proceedings.

Puneet,

You need to separate cause and effect of the two events on your Baseline Schedule; first the cause and effect of the 65% loss of productivity, and then separately show the cause and effect of the additional work. Then analyse the effect that both these events have on your CP and due completion date.

Both these causes will have different time and cost consequences and inevitably, I suggest that parts of their time impact will be concurrent.

Once you have analysed their separate cost and time consequences you can merge both events to see what the overall impact of both events have on the CP.

Whether you do this on Suretrack, Primavera, MS Project or the back of an envelope doesn’t really matter as long as your presentation is clear and easy to follow.

Hope this helps,

Stuart

www.rosmartin.com

Dear Stuart
Your message is very clear, i am also trying in the similar way. Let me explain you with an example
Say activity is excavation with a planned duration of 100 days, now while considering the impact of Law & order say curfew (productivity say 50%), activity duration becomes 200 days, at the same time i have some VOWs which i am considering as good as no working day on the planned activity, now i can finish my impacted activity with L&O & VOWS say around in 215 days (200 days for L&O , 15 days say for VOWs), now some of my VOWs on the same activity are coming after 215 days say on 220 cd,(showing gap from 215 cd to 220 cd) while making this in such a format am i doing it correctly? will it give me any result? or requesting you to suggest me a better approach....
Regards

Puneet,

It seems you are under-estimating the productivity loss. If you only achieve 40% productivity then the extended duration is now 220 days. Plus 15 days for VOW’s gives you a new duration of 235 days. This covers VOW’s actually being issued on day 220.

Roger

Dear Roger

I feel there is some confusion in our understanding,
let me explain it another way.....Impact on my activities are because of 1.Law& Orders & 2. Variation of works
There are chances that both the impacts may be or may not be concurrent.
Say i started Excavation in the existing L& O, then comes VoWs (VoWs may also come before the activity start, depends on predesscesor) my Vows are also affected by L&O as i cannot execute the work in Curfew etc...
Now this is what i want to represent, i hope it will be clear now...
So if my productivity on an activity of 100 days is 50% because of L&O, then its duration becomes 200 days ..
Now its start and finish depends on its predeccesor & succesor...say there are some VoWs also on the activity , which are also coming under L&O Situation, now if i put
VoWs dates and durations are known to me, but there are chances that my activities finish comes before the date of VoWs known dates , So in such situation what we are supposed to do??
Similarly some VoWs dates are before the start of Activity
and these VoWs duration (impacted ) is governed by L&O conditions.
Any solution or idea, then please let me know...
Thanks

Hi Puneet

Your method of calculation on the basis of 50% productivity is correct as it calculates a delay of 200 days but time impact due to Variation of Works, you cannot get any more Extension than 200 days in your case as these VOs are already covered in your 200 days being concurrent delays.