Skip to content
ProjectControls.com
Forensic Claims Analysis

Interpretation of The Difference between The Impacted and The Updated Schedule

In the Open Standard
Ammar Al-SaketMember for 15 years
Created
5
3
0

A delay event was modeled/inserted into an agreed upon schedule which was updated just before the delay event’s start date; this exercise has resulted in giving a new project completion date (say 10 days later). However, the subsequent (regular) schedule update which reflects the Contractor’s actual progress (say “data date” is one month later than the impacted one) is showing new project completion date equals to 15 days later.

In the above scenario we can see that:

The impacted schedule (at the beginning of the Window) gives a delay of 10 days

The schedule update which reflects the Contractor’s actual progress (at the end of the Window) gives a delay of 15 days.

So, how would you interpret the above difference of 5 days between the impacted and the updated schedules?  

Save Follow Follow forum Report
Reply New topic

5 replies

Oldest first
  1. 0
    Mike Testro ·
    #1

    Hi AmmarThe 10 days delay is

    Hi Ammar

    The 10 days delay is the EoT entitlement but no costs

    The 5 day delay is the contractor's exposure to LD's

    This is why employers prefer a Time Impact Analysis (SCL definition).

    Best regards

    Mike Testro

    Report
  2. 0
    Ammar Al-Saket ·
    #2

    Dear Mike,On what bases you

    Dear Mike,

    On what bases you referred the resposibility of the entire 15 days to the Contractor, he might be responsible for the last 5 days only?  

    Report
  3. 0
    Mike Testro ·
    #3

    Hi AmmarYour scenario states

    Hi Ammar

    Your scenario states that the progress update caused 15 days delay to the programme.

    By definition that delay is the contractor's default unless proved otherwise.

    The 10 day delay appears to be a valid EoT event which entitles the contractor to an Extension of time.

    Thus we have a concurrency issue where the 10 days EoT is underlined by a 15 day contractor delay (albeit undefined).

    This is the inherent fault of a time impact analysis used when work is in progress. The contractor may accelerate future work and recover his delay and further delay events may invalidate the current 10 days delay.

    While work is in progress it is a theoretical exercise so everything relies on a final determination when the work is complete.

    Another possible interim scenario is that the contractor is ahead of programme - say -5 days on progress and a 15 day employers delay wipes out his hard won advantage for a 10 day EoT.

    Remember that concurrency applies to allocation of costs and damages - not extension of time.

    Best regards

    Mike Testro

    Report
  4. 0
    Ammar Al-Saket ·
    #4

    Hi Mike,As you said that the

    Hi Mike,

    As you said that the 15 days are the contractor's default unless proved otherwise. But don't you think than we shall try to apportion the delay of 15 days since the updated schedule already contains the effect of delays caused by both parties?

    If you agree with me, what method do you suggest to apportion the delay?    

    Report
  5. 0
    Mike Testro ·
    #5

    Hi AmmarFirst find the cause

    Hi Ammar

    First find the cause of the delay - it has to be an employer culpable relevant event - if they do not exist then it is all the contractor's fault.

    Best regards

    Mike Testro

    Report

Log in or join to reply

ProjectControls.com is free to join. Members can post questions, reply, vote and follow discussions.

Log inJoin free

Existing members: your original username and password still work. Forgot password?