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How to Properly DemonstrateDelays in a P3 Schedule to
Support a Delay Claim
Michael E. Stone
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Construction Delays & CPM Schedules
Recognize different types of delays
Understand how to use P3 to measure and
quantify the delay incurred
ocument the delay
Request additional time
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Types of Delays
!on"E#cusa$le
E#cusa$le $ut !on"compensa$le
E#cusa$le and %ompensa$le
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Non-Ecusa!le
%ontractor did it to himself
Poor Performance Missed the Estimate
&rong Resources Employed
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Non-Ecusa!le "cont.#
%ontractor gets !' additional ()ME %ontractor gets !' additional M'!E*
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Ecusa!le !ut Non-compensa!le
elay E+ent
!ot controlled $y the 'wner
!ot controlled $y the %ontractor
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Ecusa!le !ut Non-compensa!le "cont.#
epends on contract, $ut typically-
orce Ma/eure )ssues
0cts of 1od
!ational Stri2es
&ar
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1ranted 0dditional (ime
!' 0dditional M'!E*
Ecusa!le !ut Non-compensa!le "cont.#
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'wner %aused the elay
efecti+e design
Slow return of shop drawings
%hange orders efecti+e 'wner"supplied equipment
Ecusa!le !ut Non-compensa!le "cont.#
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$or %ecoery of Time and Money
irst test a delay must pass
E#cusa$le %ompensa$le
Second test a delay must pass
%ritical elay" or "
!on"critical elay
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Critical s' Non-critical Delays
%ritical elay 4 must impact pro/ect
completion
!on"critical elay 4 does not impact
pro/ect completion
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(mportance of )on*est Path
!o additional days unless pro/ect is delayed
%ritical elays must $e on the 5ongest 6%ritical Path
elayed acti+ities that do not impact pro/ect
completion merely consume float and are!on"critical elays
7loat $elongs to the pro/ect, unless otherwise noted in the contract8
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+wnership of $loat
1enerally accepted principal that float
$elongs to the pro/ect irst person who needs it can use float
%an not hoard, squander, or waste float
%ontract may state unequi+ocally that floatis owned /ointly or $elongs to one party orthe other 4 in that case the contract rules
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Schedule Must !e a %eal CPM
9. 0cti+ities must resem$le the wor2 to $e
performed
:. 5ogic must $e $ased upon the physical
constraints of constructing the pro/ect
3. 0ll of the 0cti+ities must $e dri+en $y +alidand realistic logic
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Schedule Must ,e a %eal CPM "cont.#
;. 0ll acti+ities must ha+e a predecessor and
a successor 7e#cept start and completion8
. 0+oid lags 7a$solutely no negati+e lags8
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?. (ry to use inish 4 Start as the primary
logic tie@. 0ccurately reflects actual progress
7real actual starts and finishes 4 donAt /ust plug 9BBC8
?. %orrect logic $usts or changes in the plan
as they occur
Schedule Must ,e a %eal CPM "cont.#
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The )on*est Path is the Critical Path
0ny elay on this path would impact
pro/ect completion 4 %ritical elay
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Schedules Must !e %elia!le
%PM schedules are the $est way to
demonstrate a delay if used properly9. (he schedule must $e relia$le
:. elays must $e shown properly
7Results should $e repeata$le $y others8
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Delay ,etween Eents
)nsert delay e+ent into the schedule
onAt change the logic of the schedule 4 addlogic instead
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Critical s' Compensa!le
Dust $ecause a delay is %ritical does not
mean that it is %ompensa$le
(he %ontractor MUS( demonstrate the cause
not only impacts the critical path $ut also that
the owner is the cause of the delay e+ent
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$or an ctiity Delayed in Pro*ress.
,rea/ Delayed ctiity into Two Portions
irst acti+ity is the portion not delayed 0dd acti+ities for
elay E+ent
Unimpeded Portion of the 'riginal
0cti+ity
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ctiity Delayed (n Pro*ress
rea2 the acti+ity into two portions Unimpeded F impeded portion
(otal duration should $e the same as the original
)nsert the delay e+ent $etween the two portions
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)esser 0sed or Claimed Delay
E#cusa$le and %ompensa$le $ut not
%ritical
0cti+ity delayed, additional cost incurred,
$ut pro/ect completion not impacted
Gery common $ut rarely claimed
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Delays and $loat
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Delay Eent 1 Compensa!le1
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Delay Eent 1 Compensa!le1 "cont'#
*es. )t is a delay e+ent
)t may $e compensa$le if it was caused $y theowner or under the ownerAs control F increased thecontractorAs cost
(he pro/ect completion is not impacted, therefore it
is not a %R)()%05 E50*
!o time e#tension is warranted
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Delay Eent Chan*es Critical Path
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Non-critical Delay ,ecomes Critical
elay e+ent consumes all a+aila$le float
'riginal chain of two acti+ities had a
duration of ; days with > days of float
!ow chain of three acti+ities has a total
duration of 99 days with Hero loat
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elay was > days
May or may not $e E#cusa$le
May or may not $e %ompensa$le
)t is definitely critical
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)f the elay was E#cusa$le, the %ontractorwould recei+e a time e#tension of '!E 798additional day7doesnAt matter if it is compensa$le of non"compensa$le8
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Documentin* 2our Delay
MUS( follow the contract pro+isions
9. Preparation of the schedule:. !otice of elays 7must $e timely8
3. Proper $ac2up documents, correspondence,
change orders, meeting minutes, etc.
;. emonstrate the delay using
contemporaneously prepared schedules
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Typical Contract )an*ua*e
No contract adjustment will be allowed unless theContractor has submitted the request for an adjustment
within the time prescribed.
Not filing a protest by the end of the next estimateperiod for any time statement will indicated the
Contractors approval of the time charges as shown onthat time statement and future consideration of thatstatement will not be permitted.
x!"
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Typical Contract )an*ua*e
Claims by either party must be initiated
within #$ days after occurrence of the eventgiving rise to such Claim or within #$ days
after the claimant first recogni%es the
condition giving rise to the Claim& whichever
is later. Claims must be initiated by writtennotice to 'rchitect(
')' !ocuments
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Typical Contract )an*ua*e %euires
(imely notice " e#tremely important
Must connect cause to the delay
0ccurately document start and end of delay
emonstrate impact of delay e+ent
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Ealuation and Presentation of Delay
ifferent names for the same thing
(ime )mpact 0nalysis Statement
(ime )mpact E+aluation orm
Schedule 0nalysis
elay 0nalysis
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Eamples of Time (mpact Ealuation $orms,orrowed from 4CPM in Construction5 !y 6ames 6' +7,rien
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Create & 0se
T( $orm
!o hard rules on what itloo2s li2e, $ut it must-
%onnect delays to cause of delay
%onnect delays to acti+ities in
the schedule
Measure the delay
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Eample T( $orm
9. (ell a compelling story of what
happened and why it is not
your fault
:. %onnect cause of the delay with
acti+ities in the schedule
3. Measure the impact of the delay
e+ent;. '%UME!( (IE E50*
EGE!( 'R (IE RE%'R
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(ssue of Concurrent Delays8 Not a
Pro!lem if9
Schedules are maintained as accurately aspossi$le
%ontemporaneous schedules are used to
measure delays
elays are measured one at a time, in
chronological order, as they occur
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Ten Commandments of the Schedule
Epert9. (hou shall not rely on a schedule that was not followed
during the pro/ect
:. (hou shall consider actual performance
3. (hou shall a+oid J0s"planned plus )mpacts 0nalysesK
;. (hou shall esta$lish a correlation $etween the plan,changes, actual performance, and contemporaneous
records
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Ten Commandments of the Schedule
Epert "cont.#=. (hou shall 2eep schedules current and reflect delays as
they occur
>. (hou shall in+ol+e the right people in the delay analysis
?. (hou shall $e o$/ecti+e and a+oid ad+ersarial interests
that damage credi$ility
@. (hou shall recognize the right to finish early
9B.(hou shall recognize reasona$le resource le+eling
orrowed from J%onstruction 5aw Iand$oo2K $y Ro$ert %ushman F Dames Myers
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Questions?
