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EOT Tricks and Traps

The document discusses tips for evaluating and submitting extension of time (EOT) claims. It covers triggers for EOT claims, contractual completion dates, schedule integrity, documentation of delays, responsibility assignment, concurrent delays, and schedule analysis techniques. The presentation emphasizes having sound schedules, thorough delay documentation, choosing the right analysis method for the claim, and presenting the claim as a concise package to improve chances of resolution.

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duch2020
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We take content rights seriously. If you suspect this is your content, claim it here.
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603 views

EOT Tricks and Traps

The document discusses tips for evaluating and submitting extension of time (EOT) claims. It covers triggers for EOT claims, contractual completion dates, schedule integrity, documentation of delays, responsibility assignment, concurrent delays, and schedule analysis techniques. The presentation emphasizes having sound schedules, thorough delay documentation, choosing the right analysis method for the claim, and presenting the claim as a concise package to improve chances of resolution.

Uploaded by

duch2020
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 37

EOTs?

Avoiding the Traps or Taking


Advantage of Them

Dr. Anamaria Popescu,PE,PMP,PSP


McLachlan Lister - Hill International Australia
May 23, 2012

Presentation Objectives

EOT Triggers
Contractual Completion Date(s)
Primary Ingredients
Schedule Integrity
Documentation of Causation
Responsibility Assignment
Concurrency of Delays
Schedule Analysis
Presentation is Everything!
Recap

EOT Triggers
1. An Event Occurred or Will Occur that Causes Delay
2. 3 Possible EOT Event Types:
Owner driven events Os risk (Time & money)

Neutral events risk shared (Time only)


Concurrent events-risk allocated (Time only)

3. Causes Delay to the Critical Path

.But, Critical Path to What?

Contractual Completion Date(s)


Dealt with in Contract 2 ways:
By stating a date
By stating a works period

Types of Contractual Completion Dates:

Practical Completion Date


Substantial Completion Date
Mechanical Completion Date
Handover Date
Separable Portion Date

May apply to a Section, or the Entire Project


Each Section is treated separately
Multiple EOT Claims and LD Assessments May Apply

Primary Ingredients

Schedule Integrity: What is It?

No Open Ends
Limited Constraints
All Scope Captured
Majority of Tie Types: FS
No Large Lags: Float Hoarding
No Redundant Logic Ties
Critical Path Makes Sense
Critical Path is Continuous
Longest Path Filter Confirmation

Schedule Integrity

Obligation of Both the Owner and Contractor


Contract Must State Schedule Requirements
Diligence Must not Stop after Baseline is Accepted
Schedule Updates Are Contractual Too!
Key Tools to EOTs

Schedule Integrity: How do you Know?

Ask for the Electronic Version (Not a PDF)


Run a Schedule Diagnostic on Baseline & Updates
Primavera: Schedule Log and Claim Digger
Others: Acumen Fuse, Schedule Analyser Pro
Also look for..

Added and/or Deleted Activities


Increase or Decrease in OD
Calendar Changes
Schedule Calculation Changes
Etc

Schedule Integrity: Diagnostic Tools


P6: Schedule Log

Schedule Integrity: Diagnostic Tools


Claim Digger

Schedule Integrity: Diagnostic Tools


Acumen Fuse

Documentation of Causation
The need for evidence: He who Asserts Must Prove

1st: Demonstrate Cause (Documentation)


2nd: Demonstrate Effect (Schedule Analysis)
The 3 Rs Records, Records, and Records
Record Type Important but Record Content Key!

Documentation of Causation: Record Types

Letters and Emails


RFIs
Hold Registers
Transmittal Logs
Progress photographs
Variation Notices
Daily Field Reports
Weekly Progress Reports
Meeting Minutes
Drawing Revision Logs

Documentation of Causation: Record Content

Instructions given & received


Conflicts in plans/specifications
Weather conditions: Not Just Rain
Work Stoppage: Time Stopped and Why
Number of Workers/Trade Type
Subcontractors
Equipment Type Utilised and Number
Daily Activity of Crews
Specific Location: Station Number, Area
Delays Encountered: Specific Activity
Material Shortages
Create a Standardised Daily Report Form

Documentation of Causation:
Delay Examples
Weather

Documentation of Causation:
Delay Examples
Equipment & Material Problems

Documentation of Causation:
Delay Examples
Design Issues

Environmental

HSSE Issues

Responsibility Assignment
What Does the Contract Say?

Owner Caused Delays


Force Majeure Delays
Neutral Delays-Weather
Non-Excusable Delays

Allocate Responsibility to Individual Delay Events


Code
Delay

Split
Activities

Code
Resp.

Allocate
Actual
Duration

Concurrent Delay: Otherwise Known As.

Concurrent Delay - Requirements


Two or more delays during the same time

There can only be one unit of delay during the same


unit of time, regardless of the number of delaying
events
Delays unrelated and independent
Must delay the critical path
Responsibility of different parties
Each party bears its own expenses for that delay
Involuntary (i.e., not pacing)

Substantial and not easily curable

Concurrency: Net Affect Matrix

Have a Matrix As Part of Your Contract

Literal vs. Functional Concurrency

Literal Concurrency
Delays have to be literally concurrent
in time, as in happening at the same
time

Functional Concurrency
Delays need only occur in the same
analysis period or window

Schedule Analysis: Choose Your Weapon


1.As-Planned vs. As-Built

2.Windows
Analysis

3.TIA

As-Planned vs. As-Built


Comparison of start/finish dates between two schedule updates
Purely mathematical-Variance between dates

As-Planned vs. As-Built


Delayed Completion

Early Start

Overall Delay

As-Planned
As-Built

Delayed Start

Early Completion

As-Planned vs. As-Built


When should it be used?

Limited time and money


No electronic schedules
Inadequate schedule logic
Quick and dirty 1st pass

What does the Schedule Analysis Method Best


Prove?
Excusable non-compensable delay

As-Planned vs. As-Built


Not Good For:

Concurrent delays or acceleration


Critical path changes between updates
Multiple critical or near-critical paths per update
Recovering extended overhead costs
Arbitration or Litigation

Pros:
Easy to understand, explain, and graphically depict
Technically simple to perform

Data Required:
Baseline schedule
As-built schedule

Windows Analysis
Quantify loss or gain of time along a float path
Loss and gains tallied by window
A window is the time period framed between two
revisions:
The as-planned schedule for the beginning of the
window
The as-built schedule for the end of the window

AsPlanned

AsBuilt

Windows Analysis: Example


ID

Task Name

Jan 2006

Dur
9

Excavate

2d

2
3

1d

Form / Rebar

Concrete

3d

4d

Strip Forms

1d

8
9

Gain = +
Delay = --

4d

6
7

3d

4
5

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

As-Built

1d

Inspect

Planned

1d

10

1d

Gain

-1 -1 -1 -1

-1 -1 -1

-1 -1 -1 -1

-5

Null
Delay
Net

-1 -1 -1

2
0
-7

Windows Analysis
When Should the Schedule Analysis Method be
Used?

Complex schedules with large critical paths


Very high delay damages
Concurrent delays
Client has the time and budget
Need graphical depiction of concurrency

What does the Schedule Analysis Method Best


Prove?

Excusable non-compensable delay


Excusable compensable delay
Concurrent delay: Literal Concurrency
Non-excusable delay

Impacted As-Planned (A.K.A TIA)

Insertion of impact activities into a baseline or


update schedule
Integrated into the network logic before, inbetween, or after the activity it affected
Additive model that simulates the possible effect
of actual delay events to the schedule
completion date
Comparison of IAP schedule and succeeding
update to determine possible acceleration or
non-excusable delays
Comparison of IAP schedule and planned
schedule to determine time extension

Impacted As-Planned:(Acceleration)

6/20

As-Built Schedule

Acc
5

6/25

IAP Schedule

Impacted As-Planned:(Time Extension Example)

6/18

(2 Days)

6/20

IAP Schedule

Impacted As-Planned
When Should the Schedule Analysis Method be
Used?
Indemnification of liquidated damages
For preliminary negotiations between owner and
contractor
While the Job is Ongoing

What does the Schedule Analysis Method Best


Prove?
Requests for Time Extension or LD Waivers
Acceleration Claims

Presentation
1.
2.

Attach Source Documentation


Graphical Representation

3.

Schedule Updates: Prior to Impact and After Impact


Critical Path in Gantt Chart Format with Logic
Concurrency

Write Up

4.

Keep it Short and Sweet


Explanation of Impact Event: Timing,Activities,Duration

Cost Impact

Stand-By Costs of Equipment and Crews Affected

5.
6.
7.

Dont Claim Costs on Crews That Were Working!

Executive Summary at the Beginning


Submit Once Impact Event Is Known
Submit Again Once Full Impact Understood

Recap

Documentation is Key: Content Must be Consistent


Schedules Must Be Sound and Accurate
Dont Ignore Updates
Choose Your Technique Wisely
Consider Concurrency
Present Claim as a Concise Package
Dont Throw the Kitchen Sink into the Claim
Resolution Inversely Proportional to Submittal Time

Contact Information
Brisbane Office
2/19 Musgrave Street
West End, QLD, 4101
Email: [email protected]
Phone: 61 07 3255 0223

Sydney Office
Level 1, 1 Hickson Road
Phone: 61 02 9241 7328

Perth Office
189 Colin Place
Phone: 61 08 9480 0647

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