The authors discuss not only delay analysis techniques, but also their appropriateness under given circumstances, demonstrating how combined approaches may be applied where necessary.
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Broad in scope, the book discusses the different delay analysis approaches likely to be encountered on national and international projects, and features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to programmers and schedulers, delay analysts, contractors, architects, engineers and surveyors.
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How to manage delays on construction projects
More Information. However, if the contractor then, in turn, identifies a critical-path delay that resulted from a change order issued by the owner that altered the erection sequence of the steel, that may be an excusable delay. As such, it could be argued that these dueling delays could be concurrent. Therefore, properly understanding the nature of the delays in question and categorizing them correctly is crucial to combatting a concurrent delay claim.
Delay Analysis Fact is King
While we talked mostly about excusable and non-excusable delays above, the categories of excusable delay also fall within another subset: excusable, compensable and excusable, non-compensable delays. Excusable, compensable delays are solely the responsibility of the owner and, as such, the contractor is entitled to recover its delay damages in addition to a time extension. Excusable non-compensable delays, however, are not the fault of either the owner or the contractor and generally are considered to be force majeure-type events i.
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Again, being aware of which category your delay event falls into is critical to defining whether or not you have a true concurrent delay, and whether or not that concurrent delay will result in compensability for one side or the other. However, the contractor has a valid claim for an excusable, compensable delay due to the change order you issued for the steel erection sequence.
Delay analysis in construction contracts and construction projects
The chart above would dictate that this situation would result in an excusable delay that was not compensable for either party. Despite this, you still feel that liquidated damages are appropriate.
What do you do? As discussed above, concurrent delays are considered to be delays that occur at the same time. It defines two categories of concurrency: functional and literal. Functional concurrency is a much more liberal application of the concurrent-delay theory, allowing for the analyst to identify concurrent delays simply if the two delays occur within the same measurement period for the delay analysis.
Typically, a delay-analysis measurement period is a month, or the time between schedule updates. Therefore, under functional concurrency, theoretically, a delay that occurred during the first 5 days of the month and a delay that occurred during the last 5 days of the month could be considered concurrent.
Literal concurrency is more restrictive and, as such, occurs much less frequently than functional concurrency.
Dueling Delays: How to Combat Concurrency Claims
Literal concurrency requires that the delays occur at the exact same time. Therefore, for true literal concurrent delays to occur, the delays must start on the exact same date and will continue to be concurrent until one delay ceases. If concurrent delay has been alleged, and each delay can be shown to have critically delayed the project, and the delays are the responsibility of different parties i.
During the same time period, the contractor can show that the owner issued a change order re-sequencing steel erection, which also critically delayed the project.
Under the functional concurrency theory, the contractor could argue that the delays were concurrent because they occurred during the time period. In this scenario, the owner would want to analyze the delay using the literal concurrency theory that would state these delays were, in fact, not concurrent, and that the contractor is solely responsible for this delay and, as such, subject to liquidated damages.
Unfortunately, most concurrent delay circumstances are not this clear cut.
As concurrent delay arguments have become prevalent in construction-delay disputes, the proper categorization and analysis of these delays is not well understood by many analysts. Therefore, before you concede to a concurrent delay argument, it is important to walk through the steps detailed above and determine if the alleged concurrent delay allegation is legitimate.