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    Concurrent Delays and CPM Schedules

    Concurrent Delays and CPM Schedules

     

    First check all contract documents as to what they say about delays. Know what the time to notify the Architect and Owner about delays. Also, critique does the delay allow for compensation in dollars or only time. Know the doctrine of concurrent delay.

    Before we review the legal foundation of the doctrine of concurrent delay, it is helpful to establish a definition, or the term “concurrent” as used in this content. While the term ‘’concurrent” has various connotations, it is generally understood to mean the following:

                1. acting in conjunction: co-operating

                2, occurring at the same time: existing together  

    Applied to construction delays, the concept of concurrency has generally been understood as follows: “effects are concurrent” when their respective causes whether simultaneous or sequential operative or have their effects simultaneously upon a single activity or phases of contract performance. In contrast effects are segregable when they are non-concurrent or can be quantified discretely by probative evidence, but are non-segregable, or inextricably intertwined when they cannot be quantified discretely by probative evidence. Simply put two causes of delay are generally considered concurrent when they both independently cause delay to the same CPM Schedule period at the same time.

    Know the legal foundations of concurrent delay doctrine. From a historical perspective, the formation of concurrent delay as a tool to resolve competing construction delay claims was not isolated from the broader terms of more detailed apportionment and results oriented decision-making of the early 20th century. During this time and throughout the latter part of the century, the law of torts, for example, underwent a radical shift toward more complicated  apportionment theories in opposition to strict all or nothing rules that disfavored claimants.

    Take a look at the construction concurrent delay enigma. Proof of any delay has continually evolved as a result of sophisticated Owner requirements, and advances in computer technology. The project schedule plays as important a part in project controls as it does to claims resolution. The intent of the project schedule is to understand the status of a project a s point in time. When this point in time coincides with proof of delay, the project schedule serves many roles.

    A network scheduling analysis is often a required element of a time extension request and proof if delay. The current techniques have made it possible to segregate delays and apportion the time to the appropriate party. These techniques illustrate the interrelationships of the flow of work and, thus demonstrate the cause or causes of the delay. The contemporary as-planned CPM schedule [baseline schedule], the periodic updates, and the update process are significant components of the CPM network scheduling analysis.

    Project managers must be aware of any construction delay enigma. Proof of any concurrent delay has continually evolved as a result of sophisticated Owner requirements, and advances in computer technology. The project CPM schedule plays as an important a part in project control as it does to claims resolution. The intent of the project schedule is to understand the status if a project at a point in time. When that point in time coincides with proof of delay, the project schedule serves many roles.

    All contract parties must be aware and up to date on the use of the TIA, Time Impact Analysis related to delay claims on construction projects.<amage the following with TIA:

    Use “fragnets” to define concurrent delays

    Evaluate all concurrent delays at monthly updates

    Examine each and every CPM schedule update

    Forensic analysis of all documentation will help tp define the delay

    Do your project specifications cover the fact of CPM schedules?

    Know the legal foundations of concurrent delay doctrine. From a historical prospective, the formation of concurrent delay claims was not isolated from the broader tends of more detailed apportionment and results oriented decision-making of the early 20th century. During this time and throughout the latter part of the century the laws of torts, for example, underwent a radical shift toward more complicated apportionment theories in opposition to strict “all or nothing” rules that disfavored claimants.” The early formation of concurrent delay doctrine was influenced by the seminal decision of Jefferson Hotel Co. v. Brumbaugh in 1917 in Richmond, Virginia.

    Which documents have a bearing on concurrent delays?

                1. Submittals, approvals and fabrication & delivery

                2. Strikes

                3. Scope changes in work

                4. Change orders

                5. Resources for each CPM schedule activity

                6. Weather

                7. Out of sequence starts of activities

    All project managers must use Time Impact Analysis and Forensic studies to manage concurrent delays.

     Norman F. Jacobs, Jr. CSI Eminent, CPE, PMI, AACE, ASPE, SAR, IIE