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Forensic Claims Analysis

Apportionment of Delay

In the Open Standard
John PowerMember for 16 years 7 months
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Hi

To assign delay responsibility between the owner and contractor in windows analysis how is mitigation best dealt with?

No investigation has been carried out as yet so this is just an rough exercise.

To assign the number of days delay caused in the month to the party with driving activities produces a higher number of days delay than the final window shows as throughout the windows there has been some mitigation.

Is it best to just assign an arbitrary number to each month, ie tally all the windows at the end and see who is responsible for more.

If anyone has any examples or further reading on this it would be of great help.

Many thanks.

 

 

 

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6 replies

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  1. 0
    Mike Testro ·
    #1

    Hi John Windows analysis does

    Hi John

    Windows analysis does not assist in apportioning concurrent delay - you have to look at the whole picture before you can apply concurrency rules.

    (This is one of the reasons why I never use the method.)

    With the complete picture you will then be able see if the mitigation exercise was indeed effective.

    Best regards

    Mike Testro

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  2. 0
    John Power ·
    #2

    Hi Mike Thanks for your

    Hi Mike

    Thanks for your response, so basically once the project is complete the total delay can be apportioned as the this will obviously equal total monthly delays minus mitigation.

    Out of interest what would your preffered method of analysis be?

    John

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  3. 0
    Rafael Davila ·
    #3

    Avoid solving Delay issues on

    Avoid solving Delay issues on the run, leave it to the end. Who cares, the latter the better. Will save you money.

    At the end 100% of the Delay issue will be solved in your favor, it does not matter on which side you are, you can count 100% on this.

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  4. 0
    Mike Testro ·
    #4

    Hi John It depends on the

    Hi John

    It depends on the circumstances and also whether you are working in the USA.

    Regarding the UK:

    For when work is in progress the only method available is the Impacted as Planned which is required under NEC contracts but also useful for other forms.

    If you are a sub-contractor relying on available work fronts from other sub-contractors then As Planned v As Built works very well but may also have to be combined with Impacted as Planned.

    For retrospective Forensic Planning then Time Impact analysis is the Gold Standard provided the As Built data is good enough.

    I avoid the As Built but For (Collapsed As Built) because it is very easily destroyed by challenging the As Built logic driving the critical path.

    Just lately I have been using the Super Summary method to good effect because it is so simple that even a Judge can understand it.

    Best regards

    Mike Testro

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  5. 0
    Mike Testro ·
    #5

    Hi Rafael Lovely

    Hi Rafael

    Lovely contribution.

    Has the weekend tequila worn off yet?

    Best regards

    Mike Testro

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  6. 0
    Rafael Davila ·
    #6

    Mike,Remember "Pirates of the

    Mike,

    Remember "Pirates of the Caribbean", it is not Tequila, it is Rum.

    By the way do you know who are the owners of Dewar's Distillery [belive is a flavored distilled water]? It is Bacardi, five minutes from home.

    Best regards,

    Rafael

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