AACE PRESENTATION

March 18, 2010

CONSULTANTS ADVICE ON
PROSPECTIVE OR RETROSPECTIVE
DELAY ANALYSIS.
ANALYSIS
Prad Maraj P.E.,PSP, CCM.

How do contracts address measuring the delay?

Overview

O
Owners,
contractors,
t t
engineers
i
andd design
d i build
b ild teams
t
are required
i d to
t
perform a schedule delay analysis to justify entitlement to an extension of
time and additional costs

How do contracts address measuring the delay?

Iff a delayy affects
ff
the overall project
p j completion
p
then the delayy is
considered critical

Contract Requirements

Requests
Requests for an extension of time or change in an incentive / disincentive date
will be evaluated by the Engineers analysis of the CPM of record only delays
that affect the Contract completion date or incentive/disincentive date will be
considered for an extension of contract time.
MDSHA Section 109-

Contract Requirements

The procurement officer shall ascertain the facts and the extent of the
delay and extend the time for completing the work when, in his
judgment, the findings of fact justify such an extension, and his
findings of fact shall be final and conclusive on the parties, subject
only to appeal as provided in the "Disputes" clause of this Contract.

MTA GP 8.08

Contract Requirements
Some contracts require a TIA (Time Impact Analysis) or
TIE (Time Impact Evaluation)
Some contracts go as far as to specify the use of
Windows Analysis.
What does your contract require?

Windows Analysis
Divides the pproject
j into time frames
f
established byy changes
g to the
critical path or other known substantial event.
Initial CPM and update analysis
Establish time frames
Determine Critical Path
Verify
Verify dates
Calculate delay in each window
Allocate responsibility based on cause
Determine compensability

Time impact analysis

What is it?
-a forward looking schedule analysis technique that
adds a model of a delay to a CPM schedule to
determine possible impact.

AACE Guidelines
October 2006:-AACE International publishes RP
(Recommended Practice) No. 52R-06 Time Impact
Analysis as applied in construction
June 2007-AACE International publishes RP
(Recommended Practice) No. 29R-03 Forensic Schedule
Analysis, which classified schedule analysis
methodologies.
th d l gi R
Rev June
J
2009

AACE

RP No. 52R-06

Time of performance

Prospective -real time prior to the actual delay event, or

Retrospective- after the fact when the impacts are
known.

Flow Chart

Prospective as of the Data Date

A
B
C
D
E

3/1/2010 3/8/2010 3/15/2010 3/22/2010 3/29/2010 4/5/2010 4/12/2010 4/19/2010

A l
As-planned
d
Finish3/29/10

Changeorder

A
B
X
C
D
E

14DIMPACTTOCOMPLETIONDATE

Finish

4/12/2010

Datadate3/8/10

Retrospective as of completion of the extra

work
A
B
C
D
E

3/1/2010

3/8/2010

3/15/2010

3/22/2010

3/29/2010

4/5/2010

4/12/2010

4/19/2010

Finish3/29/10

Slowcontractorperformance&owner
delay

A
B
X
C
D
E

21dIMPACTTOCOMPLETIONDATE

Finish

4/19/2010

datadate

Issues to note
Durations accept the contractors
contractor s submission?
Calendars can / should the owner ask for O/T
work?
Sequence Is it really critical?
Cost
Does the cost need to be agreed upon,
i the
is
h time
i for
f negotiations
i i
included
i l d d
in the fragnet
Impact to the end date- Overhead costs for
extended time is that included in cost.

Impacted as planned

Contractor inserted an activity with eleven (11) working days duration (Act ID PCO001)
into the approved ICPM schedule .
The inserted activity is tied with a finish to start relationship to activity ID 202 BG&E
DEMOLITION (By Owner).
As a result:
The early start of activity ID 202 was pushed from April 03 to April 18, 2006
The critical path of the schedule was changed
The project completion date was pushed from May 01 to May 16, 2007

Successor activities were completed earlier

The actual start and completion dates of the impacted activitys successors are
earlier than the dates in ICPM schedule (planned) and the alleged delay had no
impact on the project completion.

1 5 day Standard request

Bridge Deck replacement

Use of TIA to mitigate

Checklist for TIA

Contemporaneous update just before the

delay is used and the remaining work is a
reasonable plan
Fragnet is reasonable regarding duration
duration,
logic and resource allocation
All delays owner and contractor are
incorporated in fragnet

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Choice of methodology

Condition

I
D
F
E
L
T
A
H
Y
E

Already Occurred
Will Occur in Future
Cannot Be Resolved
During Analysis Period
Cannot Be Modeled or
Predicted
e.g. Weather
Logic, Activity Duration,
Not Reasonable
Is not Inserted in the
Current Schedule
Multiple/ Overlapping
impacts

TIA

Windows

Prior to Client advice

What does the contract specify?

If no specification is the Engineers analysis based on TIA or Windows?
What is the benefit to agreeing to time extension earlier rather than later?
Is the Contractors entitled to claim for acceleration?
Should TIA include a cost element for mitigation?
Grant the time extension purported by the TIA on the condition that it
is verified after the fact!
By a retrospective analysis

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Questions

Prad Maraj P.E., PSP, CCM

Vice President,
Construction Management
pmaraj@jmt.com
410-316-2355

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