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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 

    Project management and BIM

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

    Building information modeling (BIM) offers a way of delivering projects in a collaborative and less fragmented fashion. 
    Photo © BigStockPhoto

    Building information modeling (BIM) is a dynamic tool to assist all contract parties in better coordinating each and every phase of construction. The industry is fragmented when it comes to proper communications. The project manager needs to critique the ‘enigma’ of asymmetric information.

    Productivity is at a low and needs to be improved. Fragmentation has a cost—it traps the industry in conservative practices, limiting the spread of any new learning. These divisions also directly increase the risk of miscommunication or failure to coordinate between the multiple players working on a building site. In turn, this increases the owner’s risk of additional costs and delays.

    A portion of money spent on construction labor is wasted because of late deliveries, poorly coordinated subcontractors, updated critical path method (CPM) schedules, and other circumstances preventing employees from engaging in productive, onsite work. A complete examination of BIM can help solve these problems.

    BIM is the process of using three-dimensional (3D) modeling technology for creating, communicating, and reviewing building information. The next step in the evolution of the design and construction process, it offers a better way of delivering projects in a collaborative and less fragmented fashion that blurs the line between design and construction. BIM also holds the potential for immediate quantity survey, identification of conflicts and omissions, and fewer change orders, project delays, and cost overruns, as well as more clearly defined and shared accountability, risk, and reward.

    Using BIM requires an in-depth critique of all construction documents. The industry is now fully moving into an environment where significant projects are built with BIM technology and/or managed with integrated project delivery mechanisms. Sophisticated owners are demanding both, yet few understand exactly what they are demanding.

    As the industry steps through the learning process, it is imperative owners and industry professionals look carefully at associated legal and risk issues. BIM’s dramatic shift in how information is gathered and shared, and the principles of collaboration and interoperability on which it is based, meld the traditionally distinct separation of roles among stakeholders in construction projects. BIM contract documents take on an ever-more-important role.

    BIM can help solve problems such as late deliveries and poor coordination. 
    Photo © BigStockPhoto

    American Institute of Architects (AIA) and Associated General Contractors (AGC) are working on addendums to their standard contract documents. This will provide a tool to utilize BIM from start to finish, thereby allowing users to more closely integrate project delivery with owners and design professionals. It is also flexible enough to be used as an addendum in more traditional contracting methods. Technology improvements and integration fostered by the expanded use of BIM are dramatically increasing efficiency in the industry.

    It is important for all project managers to review and critique all BIM software. Each and every contract party should understand all factors influencing the use of BIM, which offers benefits including:

    • less time spent drafting and more time designing;
    • owners demanding BIM in their projects;
    • parametric modifications to design;
    • opportunities to reduce construction cost, risk, and insurance claims; and
    • improved interoperability, document version control, scheduling, budgeting, and cost estimates.

     

    Norman F. Jacobs, Jr.CSI Emeritus, PMI, SAR, ASPE, CPE, AACE, IIE, formed Jacobs Consultant Services in 1981 to provide a variety of construction services including cost management, schedule control assistance, project management, and claims preparation and negotiation. Prior to this, Jacobs provided design-build, construction management, and general contracting services for more than 30 years, in a variety of capacities ranging from estimator to president and board member. He has chaired Virginia’s Associated General Contractors (AGC) Documents Committee, has presented seminars on construction legal subjects with the Virginia Bar Legal Committee, and is a past-president of the CSI Richmond Chapter. Jacobs can be reached via e-mail at JCSCPM@aol.com.