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Concurrent Delay

Aktham ABOU ELNIAAJMember for 20 years 5 months
Created
6
2
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Hi planners,
In our project the owner supply some of the materials to the contractor as prime cost items. The delivery of some of those materials was delayed causing a 33 days negative float in the related activities in the updated program. The contractor also has a delay in other activities which is not related to the delivery of those materials and the updated program shows a 39 days negative float. Recently the contractor sent a notice of delay for late delivery of the employer material and asking for EOT.
In such cases where we have concurrent delay what is the best method to be followed to analyze both delays and see if the contractor is entitled for EOT or not. Any papers that we can read explaining those methods.
thx

6 replies

Oldest first
  1. 0
    Joe Hellenbrand ·
    which delay is on the critical path for completion of the project? I would assume with more negative float the contractors delays are driving on the critical path but the negative float could be coming from a constraint.

  2. 0
    Larry Rino ·
    Additional to reply below, to analyze which cause the delay the schedule:

    - first, try to input the actual date of delivery of materials (say by Owner), then run the schedule, it will show how many days your completion date have been pushed.
    - then, input the next delay (by Contractor) and apply same process, as explained above.

    Notes: You can claim an EOT, only if its qualified by the conditions of the CONTRACT, because there were instances in CONTRACT that the Contractor must make some allowance to such kind risk in the CONTRACT schedule. I suggest you consult your Contract Specilist regarding that matter.

    Hope these helps.
  3. 0
    Toby Hunt ·
    Dear Aktham

    The method of analysis you would need to follow in order to accurately calculate the EOT and the effect of concurrent delay would be Time Impact Analysis. The SCL Protocol is a good start if you want to read around this (see http://www.eotprotocol.com). Look at guidance section 1, 1.4 Concurrency as it relates to extensions of time

    Regards

    Toby

  4. 0
    Aktham ABOU ELNIAAJ ·
    Thanks all for your reply; I am presenting the owner side. Although the delay in the activities from the contractor side are bigger in time, but the contractor right now is preparing a recovery program related to those activities (Contractor delay is in the Aluminum Cladding works), where they are planning to increase the manpower and accelerate the production rate to recover the delay. My question is how we should deal with this situation, when is the best time to make the analysis, and should we accept the recovery program. If so then we will end having the delivery of material as the main cause for the delay, and the contractor will get an EOT which will be used to relieve him in the future for his delays and the increase of manpower he suggest in the recovery program.
    Any advice on how review this. (in the contract it is mentioned that engineer can ask for a recovery program for delayed activities which is the case in our project, where the engineer already asked for a recovery program for Aluminum Cladding works)
  5. 0
    Joe Hellenbrand ·
    why is the material delivery late was the owner in any way delayed by the contractor? or was the delivery just arriving when the contractor needed it?

    agree with previous post a TIA would be a good idea and definitely look at a window when just before the contractor begins their acceleration.
  6. 0
    Dinesh Kumar Damavarapu ·
    Hi Aktham,

    If I understood correctly, material has already been delivered to site and the event ended. This activity on the critical path driving the end date by 33 days.
    You also said this activity is a prime cost sum; that means, this was awarded to a contractor and then novated to the main contractor. If that is the case (it is normally depends on the conditions of contract), the delay is main contractor’s responisibility as he is responsible for managing his NSC.If he was not novated, then contractor is entitled for an interim extension of time without cost, cost has to be seperately lloked at.

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