Construction Schedule Delays

Overview
Dates/Locations
Agenda
Accreditation
Travel
Level

Overview

Studies show that when applied to the same identical scenario, different schedule delay analysis methods will produce a variety of different results. By breaking each method down to its most basic elements, it is easy to identify the differences between methods. Courts and boards have opined on a variety of different methods in what appears to be a myriad of case law, but upon closer inspection is actually fairly consistent with regard to a number of basic principles.

In this course, the different schedule delay methods are ranked in order of acceptance based on case law and legal decisions. The standard principles for schedule delay analysis are outlined, and a review of recent case law explains what makes specific methods preferable to other methods. You will also learn how the expiration of contract time can endanger a project, and how to properly resolve delay claims. The course will cover everything participants in the construction arena need to know about industry publications including the American National Standards Institute (ANSI) and American Society of Civil Engineers (ASCE) industry standard for schedule delay analysis ASCE 67-17.
Learn from the most published experts on schedule delay analysis methods in the industry.

This course will follow the 1200-page treatise authored by two of the course instructors - Construction Schedule Delays - a comprehensive guide to schedule delay and disruption. The treatise deftly bridges both the legal and technical aspects of the topic from an easy-to-understand, but detailed presentation of law and examples. In addition to addressing the major delay analysis methods in use today, the instructors will review legal aspects of other critical topics, such as basics of CPM scheduling, concurrent delay, constructive acceleration.
The course also includes the most detailed publication on loss of productivity in the industry, with seven book chapters covering all major methods for evaluating loss of productivity, and the same case law ranking process for delay applied to disruption.

Learning Objectives:

• Understand the various methods that have been used by experts for forensic schedule delay analysis and the pros and cons of those considered acceptable
• Understand the importance of key principles and factors in performing a legitimate schedule and delay analysis
• Understanding the difficult issues of acceleration, loss of productivity, cumulative impact, and successfully managing the contract completion date
• How to avoid, mitigate, and successfully resolve potential delay and disruption claims
• Eliminating the mystery of the software in forensic delay analysis
• Update on established and current trends in case law related to schedule delay analysis and disruption analysis
• What participants in the construction arena need to know about the industry standard ASCE 67-17

Dates/Locations

No upcoming dates/locations at this time

Agenda

9:00 AM - 4:00 PM

All Locations

DAY ONE
AM

FRAMEWORK FOR DELAY ANALYSIS
§ 1:1 Types of delay
§ 1:2 Compensable delay: time is money
§ 1:3 Excusable but not compensable delays: shared fault or no fault
§ 1:4 Inexcusable, noncompensable delay: liquidated damages
§ 1:5 Daubert issues and the art of analysis
CRITICAL PATH METHOD (CPM)
§ 2:1 History
§ 2:2 Origins of critical path method
§ 2:3 Origin of schedule delay analysis methods
§ 2:4 Time Impact Analysis
§ 2:5 As-planned versus as-built
§ 2:6 Impacted as-planned
§ 2:7 As-built critical path
§ 2:8 Collapsed as-built/“but-for”
§ 2:9 Evolution of methods over time
§ 2:10 Float
§ 2:11 Critical path
§ 2:12 Longest path or zero float path
§ 2:13 Delays after the expiration of contract time
§ 2:14 Resolution
§ 2:15 Float on the critical path
§ 2:16 Logic and updates
§ 2:17 Means of schedule constraint—Logic ties
§ 2:18 Leads and lags
§ 2:19 Long duration activities
§ 2:20 Open-ended activities
§ 2:21 Assigned constraints
§ 2:22 Calendar constraints
§ 2:23 Categories of scheduling constraints
§ 2:24 Physical constraints
§ 2:25 Contractual constraints
§ 2:26 Preferential sequencing constraints
§ 2:27 Resource loading or cost loading the schedule
§ 2:28 Intermediary milestones
§ 2:29 Progress updating
§ 2:30 Updating schedule to reflect actual progress
§ 2:31 Incorrect dates
§ 2:32 Retained logic vs. progress override
§ 2:33 Revising the schedule to reflect changes and revisions to the plan going forward
§ 2:34 Adjusting the contract completion date to account for excusable delay
§ 2:35 Responsibility for failing to update schedules
§ 2:36 Subcontractor harmed by owner changes
§ 2:37 Corrections to CPM schedules after-the-fact

LEGAL ISSUES IN DELAY ANALYSIS
§ 3:1 Burden of proof
§ 3:2 Delay to critical path required
§ 3:3 CPM is dynamic/updated CPM schedules required
§ 3:4 Contemporaneously granted time extensions
§ 3:5 Delays vs. suspensions under federal contracts
§ 3:6 Right to early completion
§ 3:7 Acceleration
§ 3:8 Concurrency
§ 3:9 Pacing
§ 3:10 Noncritical delay/delay absorbing float
§ 3:11 Offsetting delay
§ 3:12 Apportionment
§ 3:13 Acceleration
§ 3:14 Waiver of completion
DAY ONE
PM

DELAY DAMAGES
§ 4:1 Generally
§ 4:2 Equitable adjustments vs. damages
§ 4:3 Equitable adjustments
§ 4:4 Breach damages
§ 4:5 Mitigation of damages
§ 4:6 Common types of delay damages
§ 4:7 Labor costs
§ 4:8 Material costs
§ 4:9 Equipment costs
§ 4:10 Direct overhead (extended project overhead costs)
§ 4:11 Indirect overhead (unabsorbed home office overhead costs)
§ 4:12 Disruption vs. delay
§ 4:13 Liquidated damages
§ 4:14 Proving delay damages

NO DAMAGE FOR DELAY
§ 5:1 The basics
§ 5:2 Source of the rule
§ 5:3 “No damage for delay” clauses
§ 5:4 Common law exceptions to contractual provisions
§ 5:5 Preference a_orded to remedy granting provisions
§ 5:6 Active interference
§ 5:7 Abandonment or delays unreasonable in length
§ 5:8 Waiver
§ 5:9 Material breach of contract
§ 5:10 Legislative responses to “no damage for delay”
§ 5:11 Federal contracts
OVERVIEW OF SCHEDULE DELAY ANALYSIS METHODS
§ 6:1 Method introduction
§ 6:2 Categories of schedule delay analysis methods
§ 6:3 Time impact analysis (TIA) category
§ 6:4 Collapsed as-built category
§ 6:5 As-built critical path category
§ 6:6 Impacted as-planned category
§ 6:7 Total time category
§ 6:8 Fact pattern

TIME IMPACT ANALYSIS
§ 7:1 Time impact analysis
§ 7:2 Time impact analysis (adjusted)
§ 7:3 Example implementation
§ 7:4 Judicial analysis
§ 7:5 Windows (unadjusted)
§ 7:6 Example implementation
§ 7:7 Judicial analysis
§ 7:8 Prospective TIA
§ 7:9 Example implementation
§ 7:10 Judicial analysis
§ 7:11 Wide windows
§ 7:12 Example implementation
§ 7:13 Judicial analysis
§ 7:14 Summary of cases involving time impact analysis
DAY TWO
AM

COLLAPSED AS-BUILT
§ 8:1 Collapsed as-built method
§ 8:2 A cautionary tale: Youngdale & Sons Construction Co. v. U.S.
§ 8:3 Positive treatment of the collapsed as-built method
§ 8:4 Traditional collapsed as-built implementation (remove owner delays)
§ 8:5 Collapsed as-built (removing contractor delays)
§ 8:6 Collapsed as-built (stepped removal)
§ 8:7 Collapsed as-built (using contemporaneous updates)
§ 8:8 Treatment of major delay types
§ 8:9 Summary of cases involving collapsed as-built method

AS-BUILT CRITICAL PATH
§ 9:1 As-built critical path
§ 9:2 Positive treatment of the as-built critical path method
§ 9:3 Cogefar-Impresit USA
§ 9:4 Sunshine Construction & Engineering, Inc.
§ 9:5 Negative treatment of the as-built critical path method
§ 9:6 Example implementation: as-built critical path
§ 9:7 Example implementation: as-built critical path using schedule updates and as-built data
§ 9:8 Treatment of major delay types
§ 9:9 Summary of cases involving as-built critical path method

IMPACTED AS-PLANNED
§ 10:1 Impacted as-planned method
§ 10:2 Historical treatment of the impacted as-planned method in the United States
§ 10:3 Early acceptance
§ 10:4 Suspicion
§ 10:5 Example implementation: impacted as-planned global insertion
§ 10:6 Example implementation: impacted as-planned compare owner/contractor impacted schedules
§ 10:7 Example implementation: impacted as-planned stepped insertion
§ 10:8 Treatment of major delay types
§ 10:9 Summary of cases involving impacted as-planned method
TOTAL TIME/AS-PLANNED VS. AS-BUILT
§ 11:1 Total time method
§ 11:2 Total time method and total cost method
§ 11:3 Historical treatment
§ 11:4 Example implementation
§ 11:5 Treatment of major delay types
§ 11:6 Summary of cases involving total time/as-planned vs. as-built method

METHOD COMPARISON STUDY
§ 12:1 Method comparison study results
§ 12:2 Method comparison study conclusions
§ 12:3 Summary of cases referencing schedule delay methods

DAY TWO
PM

GUIDELINES FOR SCHEDULE DELAY ANALYSIS
§ 13:1 Guidelines for schedule delay analysis—Checklist
§ 13:2 —Details
SCHEDULE CONTRACT SPECIFICATIONS AND RESPONSIBILITIES
§ 14:1 Example schedule specification provisions
§ 14:2 Recommended schedule contract and specification topics
§ 14:3 Owner's (or owner's agent's) schedule administration best practices
§ 14:4 Contractor's (or subcontractor's) schedule best practices

SOCIETY OF CONSTRUCTION LAW DELAY AND DISRUPTION PROTOCOL SUMMARY AND REVIEW
§ 15:1 Summary of Society of Construction Law Delay and Disruption Protocol
§ 15:2 21 Core Principles
§ 15:3 Guidance sections
§ 15:4 Review of Society of Construction Law Delay and Disruption Protocol

AACE RP29R-03 FORENSIC SCHEDULE ANALYSIS SUMMARY AND REVIEW
§ 16:1 Summary of RP29R-03 Forensic Schedule Analysis
§ 16:2 Organization and scope
§ 16:3 Source validation
§ 16:4 Method implementation
§ 16:5 Analysis evaluation
§ 16:6 Choosing a method
§ 16:7 Review of RP29R-03 Forensic Schedule Analysis

Accreditation

See Individual Courses For Available Credits

Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.

CPE: Continuing Professional Education

Field of Study: Specialized Knowledge

Delivery Method: Group-Live Classroom

Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.

CPE Hours

This program is eligible for: 13.0 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

CLP: Continuous Learning Points

Approved for CLP by Defense Acquisition University

Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.

CLP Hours

This program is eligible for: 11.0 (CLP) hours of credit

CLE: Continuing Legal Education

States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.

Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.

CLE Hours

This program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)

Travel

No travel information is available at this time

Level

100

Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200

Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300

Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400

Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500

Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.