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Decision-Making Model for Selecting the Optimum Method

of Delay Analysis in Construction Projects


Nihal Ananda Perera 1; Monty Sutrisna 2; and Tak Wing Yiu, M.ASCE 3

Abstract: In construction, delay claims resolution is at the center of apportioning liabilities between the claiming party and the defending
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party. This process generally consists of two phases of causation: (1) establishing each party’s potential liability for the claimed occurrence;
and (2) determining the quantum of the effect flowing from that liability. However, a lack of consensus among the practitioners of disputing
parties as a result of the existence of various theories, concepts, and methodologies for apportioning liabilities has been acknowledged as an
obstructing factor in delay claims resolution. When determining the quantum of the effects flowing from a liability, one potential main
obstacle in apportioning liabilities is the existing dichotomous use of method of delay analysis (MDA), which can be responsible for
the inconsistent outcomes of delay analyses and result in distrust among the disputing parties. Aiming to address this problem, the research
project was set to develop a decision making model (DMM) to support practitioners in this matter. Following its validation, the developed
DMM enhances fairness and transparency in apportioning liabilities, hence overcoming possible skepticism about the impartiality of the
chosen MDA. Addressing the current need for an objective way to select the MDA, this DMM has made a contribution to the body of
knowledge of construction engineering, particularly in the claims management aspects, by providing a novel tool that can be considered
objective, reliable, and defendable for selecting the optimum MDA under the given circumstances of a construction project, and therefore
minimizing the potential of conflict and disputes in apportioning delays’ liabilities. DOI: 10.1061/(ASCE)ME.1943-5479.0000441. © 2016
American Society of Civil Engineers.
Author keywords: Delay analysis; Apportioning liabilities; Decision making.

Introduction Thus, delay claims resolution can be considered central to the ap-
portioning of liabilities between the claiming party and the defend-
Construction projects inherently carry risk that can be managed, ing party. This process consists of two phases of causation:
i.e., avoided, mitigated, transferred, or accepted, but cannot be (1) establishing each party’s potential liability for the claimed oc-
ignored (PMI 2013; Latham Report 1994). In many cases, projects currence; and (2) determining the extent of the effect flowing from
often carry the risk of delayed completion (Keane and Caletka that liability. The parties’ agreement for the approaches to be used
2008). This is a major source of claims, conflict, and disputes. in both phases is of vital necessity for the success of delay claims
Although claims may incur additional time and expense to deal resolution. However, in many projects these approaches are left to
with its documentation (Alkass et al. 1996), the occurrence of con- be decided until delay claims start emerging. This situation poten-
flict and disputes is of great concern in the construction industries tially poses complication for the decision makers of both the claim-
of many countries (Yates 1998). In Australia, for instance, the total
ing and defending parties. A clear lack of consensus and uniformity
days lost to construction industrial dispute per 1,000 workers can
of methodology among the decision makers and in many cases re-
be as high as 900 work days in a year, which is significantly higher
liant on decision makers’ individual perceptions and judgments
compared with the average of other industries in Australia (ACA
have been reported as the main problems (AACE 2011). Individual
1999). Construction delay has been suggested as one of the most
judgments are generally intuitive and subjective, and with intuitive
recurring and common problems (Mahamid et al. 2012; Rugaishi
decisions it is difficult to gain acceptance by others, particularly
and Bashir 2014; Gündüz et al. 2013), and modern construction
projects commonly suffer from it (Braimah 2013). Delay is ac- when the decision maker is unable to justify it with persuasive logic
knowledged as the most common, costly, complex, and risky prob- (Saaty 2006). It has been suggested that fair and equitable appor-
lem in construction projects (Fawzy and El-adaway 2012). Such tioning of the parties’ liabilities may be fettered by many factors in
delays in construction and the resulting claims require conscious contemporary practices that are critical in deciding the outcome
resolution through establishing liabilities and fair apportioning. (Braimah and Ndekugri 2007; Perera and Sutrisna 2010).
In determining the quantum of the effects flowing from a liabil-
1
Forensic Claims Consultant and Chartered Surveyor, School of Built ity, one potential obstructing factor in apportioning liabilities is the
Environment, Univ. of Salford, Salford M5 4WT, U.K. (corresponding lack of a universally acceptable method of delay analysis (MDA)
author). E-mail: nihal.a.perera@gmail.com among practitioners (AACE 2011; Keane and Caletka 2008). As
2
Associate Professor, Dept. of Construction Management, School of literature and the findings of a previous in-depth research inquiry
Built Environment, Curtin Univ., Western Australia 6102, Australia. posit (Perera 2012; AACE 2011; Keane and Caletka 2008), the
3
Senior Lecturer, Dept. of Civil and Environmental Engineering, Univ. existing dichotomous use of MDAs was found to be primarily
of Auckland, Auckland 1145, New Zealand.
responsible for inconsistent outcomes of delay analyses and sub-
Note. This manuscript was submitted on May 12, 2015; approved on
January 11, 2016; published online on April 6, 2016. Discussion period sequently distrust and skepticism among the disputing parties. In
open until September 6, 2016; separate discussions must be submitted delay claims resolution, application of MDA has an essential role
for individual papers. This paper is part of the Journal of Management in establishing the causation by technical proof, as opposed to proof
in Engineering, © ASCE, ISSN 0742-597X. by inference. Farrow (2001) pointed out that although decision

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makers (or analysts) have to consider and challenge a wide variety works and assumes the project proceeded exactly as planned
of related issues, they would apply different degrees of personal (Fawzy and El-adaway 2012). Nevertheless, IAP remains the most
experience and judgment. common analysis technique used by contractors on most projects
Al Sehaimi et al. (2013) contended that many problems in (Livengood 2007a). Thus, IAP continuously appears in text books
construction could be mitigated through alternative and construc- and professional protocols like the Delay and Disruption Protocol
tive approaches that can assist in the development and implemen- of the Society of Construction Law (SCL) and the Recommended
tation of innovative tools in tackling managerial problems of Practice No. 29R-03 (RP-FSA) of the American Association of
construction, including that of delay. Thus, the aim of this paper Cost Engineers (AACE) International as one of the primary MDAs
is to report the development of a DMM to assist decision makers in use.
in choosing optimum MDA. This DMM has been designed to pro-
vide an objective, reliable, and tenable basis for delay analysis, Time Impact Analysis (TIA)
to enhance fair and equitable outcome in apportioning liabilities,
especially through overcoming possible skepticism about the im- The TIA method attempts to address criticism pointed to IAP by
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partiality of the particular method chosen. This study contributes correlating the planned program with actual progress. TIA-based
to the body of knowledge in the field of construction engineering analysis provides the consequences of an event on the assumption
management by providing a robust tool to assist practitioners in that future (remaining at the time of occurrence of the event)
deciding the most appropriate MDA, and therefore minimizing activities of the program will proceed as planned (as originally in-
the potential for conflict and disputes in apportioning delays’ liabil- tended). TIA is an evolution of the IAP method, and the difference
ities in the construction industry. between the two is the use of multiple baseline programs in TIA as
opposed to a single baseline in the IAP (AACE 2007; Keane and
Caletka 2008). Although it is very time consuming and expensive
Review of MDA in Apportioning Liabilities to implement (El-adaway et al. 2014), for many practitioners, TIA
is the most desirable approach to handle a delay claim, as long as
The general rules as to the recovery of damages (Schwartzkopf data and source documents are available in the required format and
and McNamara 2001) can be considered almost similar in the at the required time frame (SCL 2002; Baram 1994), despite its
U.K. and U.S. legal systems [e.g., Hadley v. Baxendale (1854) limitation of imprecise representation of the actual delay (SCL
9 Ex 341, 156 ER 145; Victoria Laundry (Windsor) Ltd., v. 2002, Section 4.8; Fruchtman 2000) or the fact that it does not scru-
Newman Industries Ltd., (1949) 2 KB 528; U.S. v. J. H. Copeland tinize the delay type before the analysis (thereby requiring further
& Sons [1928] 568 F.2d 1159; S. J. Groves & Sons Co., v. Warner analysis to apportion entitlement). Moreover, the concurrent delays
Co., (1928) 576 F.2d 524; Maxwell v. Schaefer (1955) 112 A.2d are not immediately addressed, which necessitates further analysis
69; R. J. Lampus Co., v. Neville Cement Products Corp. (1977) 378 that may become too cumbersome if there is an overwhelming
A.2d 288; Roanoke Hospital Association v. Doyle & Russell, Inc., amount of delaying events (Alkass et al. 1996).
(1975) 214 S.E.1d 155; Rochey Bros., Inc., v. Rhoades (1975) 527
F.2d 891; S. J. Groves & Sons Co., v. Warner Co., (1928) 576 F.2d
Collapse-as-Built (CAB)
524). According to these general rules, the complexities involved in
apportioning liabilities in construction delays are to be addressed The CAB method generally relies on a simulation of a what-if sce-
only through establishing causation (i.e., establishing the nexus nario, based on the critical path method (CPM). It models not the
between the cause of the delaying event, and the quantum of delay intentions of the contractor, but rather his or her actual sequences
effects flowing from that cause). Generally, for determining such and durations, by using a deductive approach that is exactly the
quantum of delay effects, scholars (e.g., Keane and Caletka 2008; opposite philosophy of an additive approach, which is relied on
Livengood 2007b; Farrow 2001; Baram 2000) have identified four by the IAP and TIA methods (Keane and Caletka 2008). The theory
primary MDAs: impacted-as-planned (IAP), time impact analysis of the CAB is that once the owner’s delays are subtracted from the
(TIA), collapse-as-built (CAB), and as-planned versus as-built actual project duration, it would reveal how long the contractor
(APvAB). would have actually taken to complete the project without the own-
er’s delay (Fruchtman 2000; Keane and Caletka 2008; Bubshait and
Impacted-as-Planned (IAP) Cunningham 1998). In its common form, CAB creates an as-built
schedule and identifies actual delays caused by one party, and then
IAP takes the as-planned schedule and adds new activities that removes them from that as-built schedule, to collapse the schedule.
generally represent the other party’s delays (contractor’s or employ- The argument for CAB is that without these delays, this is when
er’s, depending on who uses the method), to demonstrate why the the project would have been completed (Zack 2001). Associated
project was delayed beyond the completion date (Zack 2001). The limitations of CAB include the high level of subjectivity, difficul-
theory in IAP is that when all of the owner’s changes are added to ties in identifying as-built (contemporaneous) critical path, failure
the contractor’s original plan, the earliest date when the project to calculate delay based on the contractor’s contemporaneous in-
could have been completed because of the added work can be de- tentions (“at the time”) (Keane and Caletka 2008), and its inability
termined (Fruchtman 2000; Keane and Caletka 2008; Bubshait and to make allowance for mitigation of delays (Lovejoy 2004). It is
Cunningham 1998). Lucas (2002) and Bubshait and Cunningham suggested that CAB be used only when reliable as-built informa-
(1998) observed that although the IAP approach was widely used tion is available (El-adaway et al. 2014). Further discussions on
and accepted in the 1970s and early 1980s, it can now be rejected CAB can be found in the literature (e.g., Zack 2001; Fruchtman
by the courts primarily because of the subjectivity involved 2000; Al Saggaf 1998; Alkass et al. 1996; Schumacher 1995).
(e.g., Gulf Contracting, ASBCA No. 37,939, 94-2 BCA Para26.726
[1994]). The IAP has been generally criticized for not accounting
As-Planned versus As-Built (APvAB)
for changes to logic or durations of planned activities, producing
theoretical results based on hypothetical question, and the inability The APvAB method compares the actual and planned durations of
to identify true concurrent delay (Keane and Caletka 2008). It is the project and claims the difference as an excusable/compensable
based on a schedule that does not reflect actual progress of the delay. It does not require CPM logic and can be used by comparing

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Table 1. Typical Factors in Selecting MDA
According to Braimah According to Arditi and
According to AACE (2011) and Ndekugri (2007) Pattanakitchamroon (2006)
Purpose of analysis Reason for the delay analysis Capabilities
Source data availability and reliability Updated program availability; records availability; Availability of information: type of schedule,
nature of baseline program; baseline program updated schedule, adjusted schedule, type of
availability information, no CPM, no CPM but progress
record, CPM approved/not approved, updated
CPM approved/updated
Type of analysis
Complexity of the dispute — —
Contractual requirements Form of contract —
Forum for resolution and audience Dispute resolution forum; other party to the claim —
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Legal or procedural requirements Applicable legislation —


Size of the dispute Amount in dispute; nature of the delaying events; —
number of delaying events
Budget for forensic schedule analysis Cost of using the technique —
Time allowed for forensic schedule analysis — Time-cost effort
Expertise of the forensic schedule analyst Skills of the analyst Level of effort
and resources available
Custom and use of methods on the project — —
or the case
— Time of the delay; size of project; duration of the Time of analysis, foresight, real time, hindsight
project; complexity of the project during performance period, hindsight, after project
completion

a graphic comparison of the as-planned schedule to the as-built particular chosen methodology. Table 1 has summarized the typical
schedule, simply observing any variances between the start/finish factors in selecting MDA
dates of the various activities. In other words, it resembles a total In delay claims resolution, one critical aspect that a decision
claim (Zack 2001), in which the claimant is required to discharge a maker may confront is the need to select an optimum MDA among
similar burden of proof as in the case of global claims (i.e., in which the MDAs used in contemporary practice. If such selection is based
the contractor does not seek to prove precisely his or her loss from on an intuitive and subjective approach, this would most likely in-
an event, but pursues a claim for the total loss suffered from all of vite further disputes over the selected MDA and its outcome.
the events). Accordingly, when its conventional version is used, the Although there is no generally accepted basis for what constitutes
contractor has to demonstrate that (1) the baseline program was a good decision (Harrison 1975), a decision can still be categorized
reasonable and realistic to succeed; (2) there were no contractor’s to the extent of its appropriateness, timeliness, effectiveness, and
critical delays contributing to the duration overrun; and (3) the time efficiency (Friday-Stroud and Sutterfield 2007). Thus, an appropri-
overrun (difference between the duration of as-planned and that of ate decision-making model is expected to satisfy these character-
as-built schedules) is entirely attributable to the delays of the em- istics, to support appropriate decisions on the selection of the
ployer or for which he or she assumes responsibility. To calculate optimal MDA.
the standalone effects of each of these delay events is impossible or The use of simple and yet sufficiently accurate techniques
impractical, as they are too complicated and intertwined to separate. (Ginevicius and Podvezko 2004) would allow the decision makers
In any case, considering its limitation to deal with concurrency and to use the decision-making model with better understanding and
dynamism of critical path, the results produced by this MDA may confidence than the one built on complex algorithms that are too
be contentious because an apportionment of delay liability may re- complicated to comprehend. In this paper, the authors intended to
sult in a flawed outcome if the effect of concurrent delays and choose one of the most widely used, simple methods like the ana-
changes in the critical path is overlooked (Alkass and Golanaraghi lytic hierarchic process (AHP) (Saaty 1980, 2006, 2009) or the sim-
2012). ple additive weighting (SAW) method (Hwang and Lin 1987;
Hwang and Yoon 1981; Yoon and Hwang 1995). Following an
Selection of MDA in-depth literature review on the matter, SAW was determined to
be the most appropriate method for this research. Table 2 lists some
Reflecting the multiple principles of MDA in practice as discussed research findings on the applications of SAW and AHP.
in the previous section, various scholars have recommended differ- In deciding between AHP and SAW, the main focus was the
ent factors when selecting MDA. Bubshait and Cunningham (1998) need for adopting a straightforward and simple method to capture
concluded that selection should be based on the time/resources the practitioners’ decision-making process. This input process
available and the accessibility of project documentation. Braimah involved numerous criteria and attributes to be judged; hence, it
and Ndekugri (2007) identified 18 factors that influence the selec- requires a simple but robust mechanism. The SAW method em-
tion of MDA. Arditi and Pattanakitchamroon (2006) identified four ploys additive weighted preferences, whereas AHP uses a ratio
factors toward the selection of MDA. SCL (2002) identifies seven scale to bring out pair-wise comparisons to collect data in devel-
factors that largely dictate the use of an MDA. In discussing the oping the system. Although both AHP and SAW are capable of
choice of a forensic schedule analysis methodology, AACE (2011) providing a robust algorithm, AHP typically requires a large num-
emphasized that, because individuals generally work for one party ber of pair-wise comparisons or judgments, whereas the SAW ap-
in a dispute, skepticism often exists regarding the impartiality of the proach requires much fewer direct and individual rankings. Thus,

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Table 2. Key Research Findings on SAW and AHP Applications
Main findings or applications on SAW
Description SAW AHP
Comparison of decision-making methods Main attractions of SAW and AHP are their simplicitya
Practicality and use Because of its simplicity and practicality, SAW is the AHP uses a ratio scale to bring out pair-wise
most popular method of classical MADMb; it is the comparisons to collect data in developing the
most widely used/probably the best-known MADM system; it requires a large number of pair-wise
methodc comparisons or judgments
a
Hobbs et al. (1992), Zanakis et al. (1995), Zanakis et al. (1998), and Saaty (1980, 2006, 2009).
b
Modarres and Sadi-Nezhad (2005).
c
Chou et al. (2008), Hwang and Yoon (1981), Chang and Yeh (2001), Virvou and Kabassi (2004), and Yoon and Hwang (1995).
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the rationale for SAW’s main attraction to the practitioners over the Role of Attributes
other multiple attribute decision making (MADM) methods is its
In the problem-resolving process it is generally required to generate
simplicity, which makes it extremely popular in practice (Hobbs
the relevant attributes for each problem setting. This can be
et al. 1992; Zanakis et al. 1995, 1998).
achieved by reviewing literature and/or conducting interviews
(Keeney and Raiffa 1976). Yoon and Hwang (1995) stressed the
SAW Method in Research Perspective necessity that attributes represent the desired mission, and sug-
gested a way to derive the attributes hierarchically from a super
The basic principle of SAW involves establishing a weighted sum goal (as goal hierarchy formulation starts with the listing of overall
of mathematical performance ratings of each alternative under all performance objectives serving a super goal). Such hierarchy is ex-
attributes (MacCrimmon 1968; Chen and Hwang 1992). It works in pected to consist of at least three levels: (1) focus or overall goal at
two primary steps. First, it scales the values of all attributes, making the top, (2) multiple criteria that define alternatives in the middle,
them comparable; then the total score for each alternative is com- and (3) competing alternatives at the bottom. It is suggested that the
puted by multiplying the comparable value of each attribute by the basic principle of SAW is to obtain a weighted sum of the perfor-
importance weight assigned to the attribute and summing up these mance ratings of each alternative under all attributes (MacCrimmon
results over all of the attributes (Hwang and Yoon 1981; Virvou 1968; Chen and Hwang 1992).
and Kabassi 2004; Chou et al. 2008). This calculation process The weighted average of each criterion and attribute can be
of the value of an alternative can be submitted in the following mathematically expressed as
mathematical expression: Pn
wx
WAi i¼0 i i ð2Þ
X
n n
VðAi Þ ¼ wj rij i ¼ 1; 2; 3; : : : ; n ð1Þ
j¼0 where wi = weight (rate) assigned to the jth option; xi = number
of respondents who selected the ith option; and n = number of
respondents).
where VðAi Þ = value function of the ith alternative; rij = compa-
rable rating or normalized value of xij (i.e., the rated value of the ith
alternative for jth attribute); and wj = importance weight of the jth Research Methodology
attribute.
The alternative with the highest score of value function is ranked To capture these multiple perceptions and practices in resolving
the best option. delay claims, the research inquiry adopted a mixed method ap-
SAW has the ability to recognize multiple constructed realities proach. Mixed methods research is an approach to inquiry that
in differences within perceptions, judgments, attitudes, and practi- combines or associates both qualitative and quantitative data and
ces among practitioners dealing with delay claims. The judgments analysis. The use of qualitative and quantitative approaches and
and the like phenomena are intangible, and they have to be mea- the mixing of both approaches concurrently or sequentially in a
sured first before they can be used as variables. SAW can be used particular way that the overall strength of a study is greater than
readily as a tool or a method of relative measurements of such in- either the qualitative or quantitative research (Creswell and Plano
tangibles. It allows for differences in opinion with an ability to de- Clark 2007). In this case, the qualitative data (gathered from semi-
velop a best compromise. Using the Likert scale, such judgments structured interviews) provided detailed understanding of a prob-
can be converted into numerical values, giving the advantage of lem that arises out of studying few individuals and exploring their
comparison of such subjective data and information on a uniform perspectives in depth. In contrast, quantitative data (collected from
basis (Bowling 1997; Burns and Grove 1997; Likert 1932). Thus, it the questionnaire survey) provided a more general understanding of
enables an objective quantification of emotional factors or attrib- a problem that stemmed from examining a relatively large number
utes in a decision-making process. Accordingly, SAW fit into of people and assessing the response to the proposed variables.
the role in deriving (quantitative) measurements out of such sub- Thus, as suggested by Reams and Twale (2008), the mixed method
jective and qualitative data for decision making (i.e., selection of approach was found to be particularly appropriate in uncovering
the optimum MDA). It helps to resolve conflicts in human percep- information and perspective, increasing corroboration of the data,
tions and judgments, while bringing together different perspectives and rendering less biased and drawing more accurate conclusions.
of different practitioners to choose the best of a set of alternatives. Data from the semistructured interviews were analyzed using a
Thus, SAW enabled the combining of quantitative and qualitative content analysis technique (Weber 1990), and the data collected
data through assignment of numerical values to qualitative (subjec- from the questionnaire survey directly formed the SAW decision-
tive) data, and firmly displayed its ability to use mixed methods. making model. For validation purposes, the case-study approach

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(Yin 1994) was also used. This design of this research provided reducing the potential responses to approximately 300. Finally, 74
rigor in the process, and therefore credibility in the research find- respondents responded to the questionnaire survey. With regard to
ings. Moreover, inclusion of multiple sources from different points the adequacy of the sampling population, sampling theorem was
of view in conceptualizing the problem situation(s) offered a com- used as the guide. It was considered important for the research in-
prehensive analysis that incorporates multiple viewpoints. quiry to determine whether a normal distribution can be assumed.
Because it was considered irrational to have a random sampling Taylor et al. (2008) suggest that, in general, it is safe to apply the
of all practitioners engaged in delay claims (i.e., the existence of theorem for samples of size n > 30; similarly, as a generally
such a database is lacking), the snowball sampling was considered accepted rule of thumb for any type of population distribution,
to be appropriate. The snowballing technique is typically consid- Bernstein and Bernstein (1999) argued that if n ≥ 30, then the sam-
ered a form of purposive sampling, and involves further circulation ple size will typically be sufficiently large to apply the central limit
of the questionnaires informed or assisted by the initially identified theorem with reasonable accuracy. Thus, considering the 74 eli-
respondents to reach the further intended respondents (i.e., practi- gible respondents, the response rate was just approximately 25%.
tioners involved with delay claims). The initial respondents To establish the sampling’s margin of error, the following
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were drawn from the Royal Institution of Chartered Surveyors equation (Waller 2010; Sutrisna 2004; Cheung et al. 2009) was
(RICS) and Chartered Institute of Arbitrators (CIArb) membership considered:
database in the United Arab Emirates (UAE, particularly Dubai)
members, complemented by personal industry contacts. The practi- Z2 × P × ð1 − PÞ
SS ¼ ð3Þ
tioners (who were actually involved in delay claims resolution) C2
came from contractors, consultants/project administrators, develop-
where SS = sample size; Z = Z value (Z value = 1.96 for 95% con-
ers, independent claims consultants, and construction law back-
fidence level); P = maximum variance occurred, 0.5 providing the
ground. Even though the data collection was conducted using
worst-case scenario; and C = margin of error.
practitioners in the UAE (Dubai), the practices in UAE follow
Therefore
(and therefore can be considered comparable to those in) practices
in other jurisdictions, primarily in the United Kingdom and the 1.962 × 0.5 × ð1 − 0.5Þ
United States. In addition, the nature of the UAE (Dubai) construc- 74 ¼ ; C ¼ 11.4%
C2
tion industry has attracted a significant number of international
practitioners working in the sector, thus bringing their international In the selected sampling approach, the number of eligible re-
perspectives, expertise, and ways of working. To a certain extent, spondents (74) has an estimated margin of error of 11.4 at 95%
therefore, the UAE industry embodied similar constructs that are confidence level.
perceived and practiced by the practitioners in other comparable Based on their actual involvement revealed in the responses to
settings. the subsequent questions, these 74 respondents were then stratified
into two groups (Table 3)—the contracting group and the consult-
ing group—as the main competing parties in delay claims.
Results and Discussion Ten follow-up semistructured interviews were then conducted,
100 min in length each, then audio-recorded and fully transcribed
Initially, 520 potential respondents across the industry in Dubai/ with the permission of the interviewees. The content analysis of
UAE were identified through the snowball sampling technique the interview transcripts resulted in six major themes and 27 sub-
and circulated through the web-linked survey-questionnaire. This themes. The interviews were conducted and purposively selected
selection was based on their career association with construction using primarily the snowballing technique until data saturation
claims. However, over 200 e-mails were returned as not deliverable, was achieved (Glaser 1978; Goulding 2005).
All of these interviewees can be considered experts in delay
claims resolution, representing both sides of the fence (i.e., contrac-
Table 3. Composition of Two Groups tor and consultant/owner groups). Most of them were claims and
delay analysts with civil engineering and quantity surveying back-
Cumulative
Group Frequency Percent percent
ground, with a single case of a practicing construction lawyer (refer
to Table 4).
Contracting group 33 44.6 44.6 After analyzing both the qualitative (captured primarily through
Consultants/owners group 41 55.4 100.0 the interviews) and quantitative (obtained primarily from the sur-
Total 74 100.0 —
vey) data, the convergent or divergent findings were summarized,

Table 4. Interviewees’ Background


Profession Current designation/involvement
1. Construction lawyer Head of construction and engineering department in Al-xxxxxxx.
and company (law firm)
2. Chartered quantity surveyor (FRICS) Senior commercial manager (public sector)
3. Civil engineer Claims practitioner (freelance)
4. Civil engineer (BSc.) Claims practitioner (freelance)
5. Civil engineer (BSc., LLM, FCIArb.) Senior claims specialist (private sector)
6. Chartered quantity surveyor (FRICS) Partner at X.X. Xxxxxx. (private sector)
7. Quantity surveyor/claims consultant (BSc., LLB) Head of contracts department (private sector)
8. Chartered quantity surveyor (LLM., FCIArb., AAIQS) Senior contracts administrator (private sector)
9. Civil engineer (BSc., LLM, FCIArb.) Contracts and claims administration manager (private sector)
10. Civil engineer (BSc., LLM, FCIArb.) Claims specialist (private sector)

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Table 5. Factor Relations in MDA Selection
Factor Behavioral effects on MDAs
1. Application parameters • If the contract predefines the approach to be used for delay claims that may prevent use of the ideal MDA to suit
changing circumstances of a project [e.g., if “longest path” approach for delay claims is predefined, then TIA or
IAP (for prospective analysis) can operate but not collapse as built (which operates in retrospective analyses
only)]
2. Project characteristics (such as • The higher the value/size, the greater the accuracy of analysis is expected; therefore, TIA is more suitable for
project value, size) greater accuracy
3. Time of the project when the delay • IAP may be adequate at a very early stage of a project (e.g., access delays at the beginning of a project may not
analysis is to be carried out require a complex analysis for an obvious effect on completion date)
4. Claimed value or amount of time • Use of TIA or CAB requiring high expertise would not be economical and time-efficient if the claimed value/time
is not significant enough to justify the cost of delay analysis
5. Availability of CPM baseline • CPM-based baseline program may be necessary for some MDAs, but not for others (e.g., its importance for TIA,
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program IAP, or APvAB is high but not for CAB, which does not require a baseline program)
6. Availability of CPM as-built • This may be necessary for some MDAs, but not for others (e.g., it is essential for TIA but not for APvAB, which
program updates can be implemented without frequently updated progress schedules)
7. Existence of other records • This is generally preferred by all MDAs, but for some they are essential (e.g., unless an as-built program is
mutually agreed by parties, CAB requires that its as-built critical path based be built on the other records)
8. Establishing causation • In general, for establishing causation for events in isolation, TIA, CAB, and IAP provide more convincing results
than APvAB
9. Establishing concurrency • If properly implemented, all MDAs are capable of establishing concurrency /mitigation, but IAP’s outcome is
more theoretical and subjective than others
10. Establishing responsibility • In general, CAB can directly illustrate isolated effects attributed to a particular delay event, and its source of
responsibility requires no further exercise; however, the other MDAs require a further round of evaluation to do
this
11. Cost of the delay analysis • IAP and APvAB are relatively cheaper to implement; however, when issues are complicated, use of TIA or CAB
is necessary, which may result in higher cost (for want of better expertise)
12. Time required/allowed to carry • In general, TIA and CAB take longer than IAP and APvAB
out delay analysis
13. Admissibility by triers-of-fact • Admissibility by arbitrators or judges may be higher for the MDAs like TIA and CAB than the other MDAs

compared, discussed, interpreted, and finally merged to see how attributes in a ranking order. Tables 6 and 7 list the two groups
the quantitative results build or expand on the qualitative findings, of respondents to the survey, who attribute the significance/
and how the merged results answer the research questions and importance to each of the criteria at level 2 and the attributes
objectives. at level 3 of the proposed DMM, respectively. In both Tables 6
and 7, the test statistics (Kendall’s W and Critical W) show with
considerable confidence that the agreement or concordance among
Development of the Decision-Making Model
the rankings of the respondents of the two groups is higher than it
The formulation of the DMM was based on a thorough literature would be by chance, had the scores and their rankings been selected
review undertaken during the research project. This literature randomly or independently.
review identified the selection factors used in this DMM and pro- The use of the data in the development of the SAW model is
vided conceptualization for the model as summarized in Table 5. described in the next section.
Using the findings from the survey questionnaire, as tabulated in The hierarchy of the proposed DMM is composed as
Tables 6 and 7, the DMM was further developed and refined. follows:
1. Level 1: The super goal (i.e., selection of the optimum method
of delay analysis);
Elements of the Decision-Making Model 2. Level 2: The criteria to achieve the super goal (the 7 criteria that
The current decision-making model uses a hierarchy of criteria, appear in Table 6 are identified, as generally informed by the
attributes (or subcriteria), and alternatives; all of these elements literature review);
have been identified through the literature review and the findings 3. Level 3: The attributes or subcriteria of these criteria (the 23
of the research. The purpose of the proposed DMM (or its super attributes that appear in Table 7, identified as they emerged
goal) is the selection of optimum MDA under the given circum- from the criteria and largely informed by the literature review,
stances of a project. The selection of criteria is driven by the ability as discussed previously); and
and influence to achieve the super goal; likewise, the selection of 4. Level 4: The alternatives or methods of delay analysis; these
attributes is made as they emerge from each of the elements of are the most widely used MDAs (i.e., as-planned versus as-
criteria in the level above. Although the number of criteria and built, impacted-as-planned, collapsed-as-built, and time impact
attributes depends on the nature of the problem, each of them analysis).
may have different units of measurement. These units may be quan-
titative (e.g., number, money) or qualitative (e.g., importance,
significance, necessity of presence). The use of assigned weights
Application of SAW
are intended to indicate the importance of each criterion/attribute
relative to the others. Based on the hierarchy formulation of the SAW method, scores
The survey questionnaire provided a measuring scale based on (rates) for the alternatives were to be obtained by adding the
a five-point Likert scale, to assess the relative importance of the contribution from each strand of attribute/criterion. However, the

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Table 6. Significance Index—Criteria in Level 2 of the Proposed Decision-Making Model
Contracting group Consulting group Overall
Criteria in level 2 of the proposed decision-making model
(weights used: 1 = negligible; 2 = slightly significant; Significance index Significance index Significance index
3 = significant; 4 = very significant; 5 = extremely significant) (weighted average) Rank (weighted average) Rank (weighted average) Rank
1. Contractually specified requirements as for delay analysis (CCR) 4.19 5 3.74 4 3.96 5
2. Project constraints (e.g., magnitude, complexity) (PC) 3.12 2.5 2.33 1 3.13 2
3. Claims magnitude and complexity (CMC) 3.19 4 3.56 3 3.31 3
4. Records availability (Reca) 4.42 7 3.96 7 4.19 7
5. Proof of causation (transparency of analysis) (Profc) 4.2 6 3.81 6 3.98 6
6. Time and cost of analysis (T&C) 3.12 2.5 2.96 2 3 1
7. Legal admissibility (by triers) (Ladms) 3.04 1 3.78 5 3.38 4
Note: Test statistics: Kendall’s W ¼ 0.85 > Critical W ¼ 0.74; for n ¼ 7 and k ¼ 3, at significance level α ¼ 0.01, df ¼ 6.
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Table 7. Importance Index—Attributes in Level 3 of the Proposed Decision-Making Model


Contracting group Consulting group Overall
Attributes in level 3 of the proposed decision-making model
(weights used: 1 = negligible; 2 = slightly important; Importance index Importance index Importance index
3 = important; 4 = very important; 5 = extremely important) (weighted average) Rank (weighted average) Rank (weighted average) Rank
1. Concurrency and float ownership defined in the contract (C&F) 3.7 16 3.74 13 3.7 16
2. Analysis method defined in the contract (AM) 3.71 17 3.19 5.5 3.71 17
3. Value of the project (PV) 3.06 8.5 3.44 12 3.06 8.5
4. Size of the project (PS) 2.76 1 2.77 1 2.76 1
5. Duration of the project (PD) 2.98 6 3.15 4 2.98 6
6. Status (prevailing stage) of the project (PCS) 3.06 8.5 3.31 10 3.06 8.5
7. Complexity of the project (PC) 3.25 11 3.31 10 3.25 11
8. Amount of time claimed (MT) 2.84 2 2.81 2 2.84 2
9. Amount of cost (of prolongation) claimed (MC) 2.86 3 2.92 3 2.86 3
10. Number of events claimed and to be analyzed (NE) 3.04 7 3.19 5.5 3.04 7
11. Obscurity and sophistication of issues in prolongation claims (OBS) 3.24 10 3.28 8 3.24 10
12. Baseline program availability (ABP) 4.02 20 4.04 22 4.02 20
13. Baseline program type (e.g., CPM) (TBP) 4.08 21.5 3.85 16.5 4.08 21.5
14. As-built periodical updates of program (AB) 4.08 21.5 3.96 19.5 4.08 21.5
15. As-built periodical updates of program (mutually agreed) (AAB) 3.84 18.5 4.04 22 3.84 18.5
16. Availability of other records (e.g., daily records) (AOR) 4.12 23 3.96 19.5 4.12 23
17. High quality of transparency (clearly established causation) (LTR) 3.84 18.5 3.81 15 3.84 18.5
18. Need of showing concurrent delays/mitigation (NC) 3.69 15 4.04 22 3.69 15
19. Need to illustrate isolated delay effects (IEE) 3.37 14 3.77 14 3.37 14
20. Need of sequential (chronological) analysis (COA) 3.27 12 3.85 16.5 3.27 12
21. Expert skills (for analysis method) (XS) 3.34 13 3.88 18 3.34 13
22. Concern for cost of analysis method (CA) 2.94 5 3.23 7 2.94 5
23. Concern for time to be spent for analysis (TSA) 2.92 4 3.31 10 2.92 4
Note: Test statistics: Kendall’s W ¼ 0.92; sample x2 ¼ 60.53; critical x2 ¼ 48.27 (for n ¼ 23 and k ¼ 3, at significance level α ¼ 0.001, df ¼ 22).

ratings from the questionnaire respondents were based on differ- where m = number of alternatives as n is the number of attributes;
ent measurement units using a five-point Likert scale. Because xij = rated value of the ith alternative for the jth attribute; and xj =
different measurement units of items could not be added, a common maximum rated value scored by any of the alternatives for the jth
numerical scaling system, such as normalization, was to be used attribute.
to permit additions among the attribute values. Accordingly, the Then, 0 ≤ rij ≤ 1, and xij is more favorable as rij approaches 1.
scores of both criteria and attributes were normalized, and such Thus, each alternative is rated against 23 attributes and 1 cri-
normalization was applied on the weighted averages of their aggre- terion directly (criterion titled “legal admission” has no attributes
gated scores computed from the ratings given by the respondents. or subcriteria).
This was according to the literature review, which suggested that The value function of an alternative in the SAW method can be
the basic principle of SAW is to obtain a weighted sum of the per- mathematically expressed as
formance ratings of each alternative under all attributes.
Having established the weighted average of each criterion X
n
and attribute, the algorithm for the operation of the DMM was de- VðA1 Þ ¼ wj rij i ¼ 1; : : : ; m ð5Þ
veloped (using Microsoft Excel) in five major steps according to j¼1
the SAW principles. These five steps are given in Table 8.
The normalized value of xij can be presented as where VðAi Þ = value function of the ith alternative; and
rij = comparable rating or normalized value (see Step 3) of
xij ; and wj = importance weight (see Step 2) of the jth
rij¼ðxij =jÞ i ¼ 1; : : : ; m; j ¼ 1; : : : ; n ð4Þ attribute.

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Table 8. Application of SAW
Step Action required
Step 1 • Calculate weighted averages for each of the criteria and attributes from the Likert scale–based rating of the significance/importance as expressed
by the survey respondents; convert weighted averages for the criteria and attributes into normalized weights (between 0 and 1); adopt this process
separately for each of the attributes grouped under the seven criteria
Step 2 • Compute an importance weight (W) for each attribute by multiplying its normalized weight by the normalized weight of its corresponding
criterion
Step 3 (Steps 1 and 2 are already completed in the first stage before it is used by the decision maker; from Step 3 onward, the input is from the decision
maker)
• Gather required information from the contract documents, the delay claims submitted, and all other relevant project records to feed the DMM
• Obtain a comparable normalized rating of each alternative for the corresponding attribute through the decision maker’s answers to specific
questions; rate each alternative on a scale ranging from 0(lowest) to 1 (highest)
• Attribute the scores to each alternative
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Step 4 • Compute the value functions of each alternative to select the highest scoring alternative
Step 5 • Select the alternative with the maximum AVF; it is the optimal MDA that suits the specific circumstances of the project

Table 9. Case Study Description


Parameter Particulars
Contract • Scope of work is to construct a central utility complex of approximately 6,000 m2 for an expansion of an existing international airport
• Work consists of the construction of a reinforced concrete and steel framed structure with complex mechanical, electrical, and plumbing
services
• Project’s contract sum is AED 318 million (approximately US$86 million); the final account is expected to be AED 340 million
(approximately US$92 million)
• Form of contract is a bespoke version of modified FIDIC form, 4th edition (1987)
Completion • Overall completion of the project with four separate contractual milestones was to be achieved within 618 days; however, the work is
time substantially completed after 789 days from the commencement date, with 171 days of overrun time
Claims • Major delaying events notified: 27; other secondary events: 30
• Causes of delays claimed: variations, suspension of works, late issue of information, access delays by other interface contractors
• Overall claim: 200 days of entitlement to extension of time with a cost of approximately AED 15 million (approximately US$4 million);
the contractor gave the notices for claims within the prescribed time, but failed to give final particulars of the claims as prescribed until after
the substantial completion of the works; nevertheless, the engineer’s evaluation revealed that had the contractor complied with the
requirements of such technicalities, he would have been entitled to extension of time in principle
• Contractor used the IAP method to establish his entitlement, but that did not show any of his own culpable delays
Program and • CPM-based baseline program was submitted as required by the contract (Clause 14.1) and consented by the employer; however, no further
records revised program was required or submitted
• Regularly submitted look-ahead programs and monthly updates of the program activities are available
• Site records, including daily records of productivity, inspection requests, site instructions issued, and submittal logs, are available
Claims analysis • Engineer considers the contractor-submitted MDA should be on a more objective basis; the contractor disagreed. According to the
contractor, his method (IAP) is based on CPM, and has clearly established the cause and effect of the employer-caused delays, and
therefore the entitlement to extension of time
• In light of this, the engineer’s delay analyst ought to select the optimum MDA under the existing circumstances. Such selection should be
logical, objective, and defendable against possible onslaught from the contractor’s side
Other pertinent • Contract does not predefine any parameters for conducting delay analysis; however, it states that the project float is not exclusively owned
circumstances by either party, but can be consumed on a first come, first served basis; the form of contract requires the engineer to secure prior approval
from the employer as to the matters of extension of time; the employer’s panel always insists on (1) clearly established causation;
concurrent effects of the delays when prolongation costs claims are present; and (2) use of a robust, tenable MDA and outcome
• Decision maker’s input (relevant to the model attributes) as given in Table 10 is derived from the project-specific circumstances of this case
study

Application of the Model—A Case Study Validation


A real-world example is considered the best way to illustrate the The DMM was required to be validated for the criteria objec-
application of the DMM by a prospective decision maker. Table 9 tivity, reliability, appropriateness, timeliness, effectiveness, and
presents the case study description and Table 10 provides the efficiency. Considering that other similar model(s) or other gold
application of the DMM and the decision maker’s input in the case standard benchmark for a real system was not available to compare
study. with the output of the developed model, the following three tech-
Figs. 1 and 2 illustrate how the elements in levels 1, 2, 3 (Fig. 1), niques were used in the evaluation and validation: (1) face validity,
and 4 (Fig. 2) interact and generate the hierarchical calculations of (2) content validity, and (3) internal validity.
the DMM from Steps 1 to 5, followed by the calculation of aggre- The face validity and content validity were secured using a panel
gate value function (AVF) for each alternative. Accordingly, the of experts who judged these criteria through the instrument’s ap-
alternative Step 4 [i.e., the TIA method, which scored the highest pearance, relevance, and representativeness of its elements (Burton
AVF value (1.0000)], was selected as the most optimum MDA for and Mazerolle 2011; Netemeyer et al. 2003). This panel of experts
delay analysis under the specific circumstances of the project in this consisted of one managing partner, one associate, one consultant,
case study. two managers, one chief QS, and three delay claims practitioners.

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Table 10. Decision-Making Model Application and Decision Maker’s Input in Case Study
Decision maker’s input
(based on the project-specific
Attributes MDA’s behavioral characteristics circumstances of the case study)
1.1. Concurrency and float • Concurrency is possible to be established by all four MDAs, if properly Concurrency is not defined in the
ownership defined in the implemented contract, but float ownership is
contract • APvAB is not directly affected by ‘float’ ownership but others are
1.2. Longest path approach • Only TIA or IAP can prospectively operate with the longest path approach Longest path approach is not required
defined in the contract in expressed terms in the contract
2.1. Value of the project • APvAB and IAP are more effective for low-value projects Project value is high
• CAB and TIA are more effective for high-value projects
• Value is defined as low = < AED 10 million;
moderate = > AED 10 million but < AED 100 million;
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high = > AED 100 million


2.2. Size of the project • APvAB and IAP are more effective for small-size projects Project size is medium
• CAB and TIA are more effective for large-size projects
• Size is defined as small= <5,000 m2 ; medium = >5,000 m2 but <50,000 m2 ;
large = >50,000 m2
2.3. Duration of the project • APvAB and IAP are more effective for short-duration projects Project duration is medium
• CAB and TIA are more effective for long-duration projects
• Duration is defined as short = <1 year; medium = >1 year but <3 years;
long = >3 years
2.4. Status (prevailing stage) • At an early stage, APvAB and IAP are more effective Project is at completion stage
of the project • CAB can be used ideally where the actual completion is achieved
• TIA method can be used in all stages
2.5. Complexity of the • For simple projects, APvAB and IAP are more effective Project is highly sophisticated
project • For complex projects, CAB and TIA are more effective
• Complexity is defined as simple = normal mechanical and electrical (M&E)
works in the scope; moderately complex = some specialist M&E works in the
scope; highly complex = extraordinary M&E requirements in the scope
3.1. Amount of time claimed • If the claimed time is small, APvAB and IAP are more effective Amount of claimed time is moderate
• CAB and TIA are more effective when the claimed time is large
• Amount of claimed time is defined as small = <25% of contract duration;
moderate = >25% but <50% of contract duration; large = >50% of contract
duration
3.2. Amount of cost • If the claimed cost is small, APvAB and IAP are more effective Amount of claimed cost is moderate
(of prolongation) • CAB and TIA are more effective when the claimed cost is large
claimed • Amount of claimed cost is defined as small = < AED 5 million;
moderate = > AED 5 million but < AED 50 million;
large = > AED 50 million
3.3. Number of events • If the claimed number of events is few, APvAB and IAP are more effective Many events are claimed
claimed and to be • CAB and TIA are more effective when there are many claimed events
analyzed • Number of claimed events is defined as few = <5 events;
moderate = >5 events but <25 events; many = >25 events
3.4. Obscurity and • If the issues are simple, APvAB and IAP are more effective Project is complex
sophistication of issues • CAB and TIA are more effective if the issues are highly complex
in prolongation claims • Complexity of claimed events is defined as simple = no specialist
M&E input required to understand events claimed; moderate = some
specialist M&E input required; complexed = specialist M&E input required
throughout
4.1. Baseline program • Availability and use of a baseline program is critically required for APvAB, Baseline program is in use
availability IAP, and TIA
• For CAB, a baseline program as not a must
4.2. Baseline program type • Availability and use of a CPM baseline program is critically required for IAP CPM baseline program is in use
(e.g., CPM) and TIA
• APvAB and CAB do not need a CPM program
4.3. As-built periodical • For TIA, availability of such program updates is a must As-built periodical updates of
updates of program • CAB would be benefitted, although it can still do without such updates program are available
• APvAB and IAP do not need such updates
4.4. As-built periodical • TIA would be greatly effective with such mutually agreed information As-built periodical updates of
updates of program • CAB would be benefitted, although it can still do without program (mutually agreed) are
(mutually agreed) • APvAB and IAP do not need such updates available
4.5. Availability of other • CAB needs such information (unless there is a mutually agreed as-built Other records are available
records (e.g., daily program)
records) • APvAB, IAP, and TIA could be benefitted, although they can still do without
them and rely on program updates
5.1. High quality of • TIA, CAB, and IAP can establish clear causation High quality of transparency is a
transparency (clearly • APvAB’s ability to do this is inadequate priority need
established causation)

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Table 10. (Continued.)
Decision maker’s input
(based on the project-specific
Attributes MDA’s behavioral characteristics circumstances of the case study)
5.2. Need of showing • If properly implemented, all four MDAs are capable of establishing Showing concurrency/mitigation is a
concurrent delays/ concurrency/mitigation priority need
mitigation • IAP’s outcome is more theoretical and subjective than the others
5.3. Need to illustrate isolated • CAB can satisfy this need directly and with no further exercise This is not a priority need in the
delay effects • APvAB, IAP, and TIA cannot satisfy that without further research and filtering, contract
as their delay effects are intertwined
5.4. Need of sequential • IAP and TIA methods (both prospectively and retrospectively) and CAB This is not a priority need in the
(chronological) analysis (retrospectively) can be generally carried out in a chronological order with no contract
extra effort
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• APvAB cannot do this with efficient manner


6.1. Expert skills (for analysis • APvAB and IAP methods are relatively simple to use and require no such Expert skills are available
method) expert skills
• CAB and TIA require more expert skills to implement
6.2. Concern for cost of • APvAB and IAP methods are relatively economical Cost of analysis is not a constraint
analysis method • CAB and TIA are more costly to use
6.3. Concern for time to be • APvAB and IAP methods are comparatively not time-consuming Time of analysis is not a constraint
spent on analysis • CAB and TIA are more time-consuming methods
7.0. Need to be readily • CAB and TIA methods are generally favored by arbitrators/courts This is a specified need
admissible in arbitration/ • APvsAB and IAP are not readily admissible
litigation

Among them were five fellows and one member of Chartered results out of 32 comparisons was tested using the exact binomial
Institute of Arbitrators, and all of them possessed Masters of probability test (Lowry 2008).
Law degrees in construction law and arbitration specialty. All nine Using the Microsoft Excel 2007 binomial distribution
members of the panel used the DMM in their own case studies for analysis formula [BINOMDIST (21,32,0.5,0.5)], Pð≤ 21Þ ¼
checking its performance under varying scenarios, confirming a fair 0.9749487701.
amount of interaction with the DMM. Thus, the probability of having 21 or more similar results from
In the outcome of the evaluation, 89% of the experts confirmed 32 relative comparisons was Pð≥ 21Þ ¼ 1 − ðP < 21Þ ¼ 1 − ½Pð0Þþ
that the content of the model was simple, comprehensive, and clear Pð1Þþ · · · þPð20Þ ¼ 1 − 0.9749487701 ¼ 0.0250212299.
for the user (with 67% stating it was “very simple, comprehensive This result indicates that the probability of having this level of
and clear”). Although during the model development stage several consistency in performance occurring by chance was significantly
iterations of the DMM were conducted to ensure a smooth running low. It confirms that the anomalies between the predicted and actual
of the final product, the panel of experts was also expected to use it outcomes of the DMM’s performance in each possible combination
and evaluate the accuracy of the DMM. According to the results, were significantly minimal. These replications also plausibly dem-
most (89%) of the panel decided that “the process is stable and runs onstrate that the model’s consistency in rational outcomes (causal
smoothly with no abnormal behavior.” The model’s representative- relationship between input and output) was highly satisfactory, and
ness of the breadth of domain knowledge was also an important thus having a sufficient internal validity.
aspect of the evaluation by the experts. The results of this evalu- Accordingly, the DMM demonstrated a reasonably high level
ation showed 86% of the experts stating it was “highly adequate” of objectivity, reliability, appropriateness, timeliness, effectiveness,
and 14% stating it was “reasonably adequate.” As to the scales of and efficiency.
scoring used in the DMM, the panel confirmed satisfaction, stating
they were “very suitable” (67%) or “generally suitable” (33%).
Consistency of the model’s delivery of the optimum MDA (output) Potential Limitations
under varying scenarios/circumstances (input) was found to be The main potential limitation of the DMM stems from the input of
stable and corresponding to the intended application, when tested the respondents to the in-depth survey. The process of weighted
through several iterations during the development stage of the averages and their normalized weights converted the raw data
model. The panel of experts also requested to test this aspect for collected from the respondents’ ratings (of relative “significance”/
determining whether the DMM yielded a satisfactory range of ac- “importance” among the criteria and attributes) into a dimension-
curacy consistent with intended application (Sargent 2003). The less and comparable common numerical scaling system. However,
results of this test showed an overall confirmation from the panel the original ratings were entirely determined by the individual
of experts that the changing scenarios (“input” based on varying levels of perception and experience of the respondents, and the
case-study scenarios) applied to the model generated a consistent competence of their judgments. Therefore, there is a high degree
and accurate output (the optimum MDA in relation to the “input”). of reliance toward the database of experts, albeit a significant level
Of them, 67% thought “output is very consistent and accurate for of concordance between the rankings of both groups of survey re-
the intended purposes of the model.” spondents, as indicated by the test’s statistical tests.
For testing internal validity, several iterations of the model Another potential limitation that may affect the final outcome
(runs) were carried out with varying potential scenarios in construc- are the parameters/factors and weighted ratings allocated for the
tion projects. The results proved a high consistency rate, showing decision maker’s input. The currently fixed parameters and ratings
that all “actual” and “predicted” results in 21 times out of a total related to decision makers’ input are proven to have reflected
32 comparisons were similar. The probability of having 21 similar reasonably meaningful behaviors of the MDAs with reference to

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Fig. 1. Application of the decision-making model in the case study at levels 1, 2, and 3

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Fig. 2. Application of the decision-making model in the case study at level 4

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J. Manage. Eng., 2016, 32(5): 04016009


the corresponding attributes, based on the database of experts gath- ACA (Australian Constructors Association). (1999). “Australian construc-
ered in this research. Further expansion of the database will poten- tion productivity: International comparison.” Canberra, Australia.
tially refine the parameters/factors and accuracy. Alkass, S., and Golanaraghi, S. (2012). Modified isolated delay type
This DMM may be used in the projects regardless of their differ- technique, 〈http://rebar.ecn.purdue.edu/crc2012/papers/pdfs/-23.pdf〉
(Jun. 30, 2012).
ent delivery methods (e.g., design-build, design-bid-build, design-
Alkass, S., Mazerolle, M., and Harris, F. (1996). “Construction delay analysis
build-operate, engineering-procurement-construction). However, techniques.” Constr. Manage. Econ., 14(5), 375–394.
unless the parties to the contract agree to use this DMM, it cannot Al Saggaf, H. A. (1998). “The five commandments of construction project
be used in a project when the applicable contract has already pre- delay analysis.” Cost Eng., 40(4), 37.
scribed a specific MDA for delay analysis. Al Sehaimi, A., Koskela, L., and Tzortzopoulos, P. (2013). “Need for alter-
native research approaches in construction management: Case of delay
studies.” J. Manage. Eng., 10.1061/(ASCE)ME.1943-5479.0000148,
Conclusions 407–413.
Arditi, D., and Pattanakitchamroon, T. (2006). “Selecting a delay analysis
Downloaded from ascelibrary.org by Queens University Libraries on 12/04/16. Copyright ASCE. For personal use only; all rights reserved.

This paper discusses the development and anatomy of the DMM method in resolving construction claims.” Int. J. Project Manage.,
24(2), 145–155.
that was specifically designed to enable the practitioners to choose
Baram, G. E. (1994). “Delay analysis—Issues not for granted.” Transac-
the optimum MDA on a more objective and tenable basis for delay
tions of AACE, Morgantown, WV.
analysis. It is an outcome of a recently completed doctoral research Baram, G. E. (2000). “The window methods of analyzing delay claims.”
project. AACEI Trans.
The development of the DMM was based on the simple additive Bernstein, S., and Bernstein, R. (1999). Schaum’s outline of theory and
weighting method as its decision-making mechanism/algorithm. problems of elements of statistics II inferential statistics, McGraw-Hill,
The SAW method uses a simplified arithmetical process. Its New York.
hierarchical components consist of a set of criteria and attributes Bowling, A. (1997). Research methods in health, Open University Press,
(or subcriteria) of which the relative significance/importance was Buckingham, U.K.
determined by a group of credible practitioners who participated Braimah, N. (2013). “Understanding construction delay analysis and the
in the research project. Data collection was facilitated by semistruc- role of preconstruction programming.” J. Manage. Eng., 10.1061/
(ASCE)ME.1943-5479.0000216, 04014023.
tured interviews (qualitative data) and an in-depth questionnaire sur-
Braimah, N., and Ndekugri, I. (2007). “Factors influencing the selection
vey (quantitative data). The mixed-method approach was adopted to of delay analysis methodologies.” Int. J. Project Manage., 26(8),
capture these practitioners’ perceived judgments, which was then 789–799.
captured in a database of experts to develop the DMM. The resulting Bubshait, A. A., and Cunningham, M. J. (1998). “Comparison of delay
DMM is capable of taking the input of a decision-making event and analysis methods.” J. Constr. Eng. Manage., 10.1061/(ASCE)0733
provided a recommendation in selecting the most optimum MDA -9364(1998)124:4(315), 315–322.
based on the specific characteristics of the particular project. Burns, N., and Grove, S. K. (1997). The practice of nursing research con-
The DMM has been validated through a series of case studies duct, critique, and utilization, W. B. Saunders and Co., Philadelphia.
and also evaluated by an expert panel (the details of which will be Burton, L. J., and Mazerolle, S. M. (2011). “Survey instrument validity.
published in subsequent publications). The findings of the reliabil- Part I: Principles of survey instrument development and validation in
athletic training education research.” Athletic Training Educ. J., 6(1),
ity and validation significantly confirmed that the developed DMM
27–35.
performs consistently to the purposes with an appropriate level of Chang, Y. H., and Yeh, C. H. (2001). “Evaluating airline competitiveness
accuracy. As evaluated by an expert panel, with a higher level of using multiattribute decision making.” Omega, 29(5), 405–415.
consistency rate, the DMM demonstrated an ability to provide an Chen, S. J., and Hwang, C. L. (1992). Fuzzy multiple attribute decision
objective and tenable basis for selecting an optimum MDA, com- making: Methods and applications, Springer, New York.
pared with any other intuitive and one-sided approach for such se- Cheung, S. O., Chow, P. T., and Yiu, T. W. (2009). “Contingent use of
lection. Therefore, it can be concluded that the research has negotiatiors’ tactics in construction dispute negotiation.” J. Constr. Eng.
developed a robust DMM to improve objectivity in the process Manage., 10.1061/(ASCE)0733-9364(2009)135:6(466), 466–476.
of selecting an optimum MDA to aid and yield a fair and equitable Chou, S. Y., Chang, Y. H., and Shen, C. Y. (2008). “A fuzzy simple additive
outcome in apportioning liabilities. Thus, this research paper con- weighting system under group decision-making for facility location se-
lection with objective/subjective attributes.” Eur. J. Oper. Res., 189(1),
tributes to the body of knowledge of construction engineering, and
132–145.
particularly the claims management community, by providing a re- Creswell, J. W., and Plano Clark, V. L. (2007). Designing and conducting
liable, accurate, and objective tool that can be used in minimizing mixed method research, Sage Publications, Thousand Oaks, CA.
the potential for conflict and disputes arising from apportioning li- El-Adaway, E. H., Fawzy, S. A., Bingham, R., Clark, P., and Tidwell, T.
abilities in construction delays. (2014). “Different delay analysis techniques applied to the American
Nevertheless, because the main mathematical basis for the func- Institute of Architects A201-2007 standard form of contract.” J. Legal
tion of the DMM is largely determined by psychological constructs Affairs Dispute Resolut. Eng. Constr., 10.1061/(ASCE)LA.1943-4170
of the individuals (respondents), further research is recommended .0000145, 02514001-1–02514001-9.
for ensuring continuous refinement and expansion of the DMM Farrow, T. (2001). Delay analysis—Methodology and mythology, 〈http://
in its database of experts by incorporating them into the DMM’s www.scl.org.uk〉 (Sep. 2, 2008).
Fawzy, S. W., and El-Adaway, E. H. (2012). “Contract administration
database.
guidelines for effectively and efficiently applying different delay analy-
sis techniques under world bank- funded projects.” J. Legal Affairs Dis-
pute Resolut. Eng. Constr., 10.1061/(ASCE)LA.1943-4170.0000104,
References 35–44.
Friday-Stroud, S. S., and Sutterfield, J. S. (2007). “A conceptual framework
AACE International. (2007). Recommended practice No. 29R-03, 〈http:// for integrating six-sigma and strategic management methodologies
www.aacei.org〉 (Oct. 28, 2008). to quantify decision making.” TQM Mag., 19(6), 561–571.
AACE International. (2011). Recommended practice No. 29R-03, 〈http:// Fruchtman, E. Z. (2000). “Delay analysis—Eliminating the smoke and
www.aacei.org〉 (Jun. 18, 2012). mirrors.” AACE Int. Trans., Cdr.06.1–Cdr.06.4.

© ASCE 04016009-13 J. Manage. Eng.

J. Manage. Eng., 2016, 32(5): 04016009


Ginevicius, R., and Podvezko, V. (2004). “Determination of weightiness Perera, N. A. (2012). “Apportioning liability in construction delay claims:
of the hierarchically-structured organization according to its commer- An evaluation of contemporary practices in the U.A.E. and a proposal
cial activity.” Foundations of civil and environmental engineering, for improvements.” Ph.D. thesis, Univ. of Salford, Salford, U.K.
Publishing House of Poznan Univ. of Technology, Poznan, Poland, PMI (Project Management Institute). (2013). A guide to the project man-
21–33. agement body of knowledge (PMBOK guide), 5th Ed., Sylva, NC.
Glaser, B. G. (1978). Theoretical sensitivity: Advances in the methodology Reams, P., and Twale, D. (2008). “The premise of mixed methods: Discov-
of grounded theory, Sociology Press, Mill Valley, CA. ering conflicting realities in the data.” Int. J. Res. Method Educ., 31(2),
Goulding, C. (2005). Grounded theory: A practical guide for management, 133–142.
business and market researchers, Sage, London. Ruqaishi, M., and Bashir, H. A. (2014). “Causes of delay in construction
Gündüz, M., Nielsen, Y., and Özdemir, M. (2013). “Quantification of delay projects in the oil and gas industry in the Gulf cooperation council coun-
factors using the relative importance index method for construction tries: A case study.” J. Manage. Eng., 10.1061/(ASCE)ME.1943-5479
projects in Turkey.” J. Manage. Eng., 10.1061/(ASCE)ME.1943-5479 .0000248, 05014017.
.0000129, 133–139. Saaty, T. L. (1980). The analystic hierarchy process, Wiley, New York.
Harrison, E. F. (1975). The managerial decision-making process, Saaty, T. L. (2006). Fundamentals of decision making and priority
Downloaded from ascelibrary.org by Queens University Libraries on 12/04/16. Copyright ASCE. For personal use only; all rights reserved.

Houghton Mifflin, Boston. theory with the analystic hierarchy process, 2nd Ed., RWS Publica-
Hobbs, B. J., Chankong, V., Hamadeh, W., and Stakhiv, E. (1992). “Does tions, Pittsburgh.
choice of multicriteria method matter? An experiment in water resource Saaty, T. L. (2009). Theory and applications of the analytic network
planning.” Water Resour. Res., 28(7), 1767–1779. process—Decision making with benefits, opportunities, costs, and risks,
Hwang, C. L., and Lin, M. J. (1987). Group decision making under multi- RWS Publications, Pittsburgh.
ple criteria: Methods and applications, Springer, New York. Sargent, R. G. (2003). “Verification and validation of simulation models.”
Hwang, C. L., and Yoon, K. (1981). “Multiple attribute decision making– Proc., 2003 Winter Simulation Conf.
Method and applications.” A state-of-the-art survey, Springer, Schumacher, L. (1995). “Quantifying and apportioning delay on construc-
New York. tion projects.” Cost Eng., 37(2), 11–13.
Keane, P. J., and Caletka, A. F. (2008). Delay analysis in construction
Schwartzkopf, W., and McNamara, J. J. (2001). Calculating construction
contracts, Wiley-Blackwell, Oxford, U.K.
damages, 2nd Ed., Aspen Publishers, New York.
Keeny, R. L., and Raiffa, H. (1976). Decisions with multiple objectives,
SCL (Society of Construction Law). (2002). Delay and disruption protocol,
Wiley, New York.
〈http://www.scl.org.uk or http://www.eotProtocol.com〉 (Sep. 10, 2007).
Latham, M. (1994). Latham Rep.—Constructing the Team, Her Majesty’s
Sutrisna, M. (2004). “Developing a knowledge based system for the
Stationery Office, London.
valuation of variations on civil engineering works.” Ph.D. thesis, Re-
Likert, R. (1932). “A technique for the measurement of attitudes.” Arch.
search Institute in Advanced Technologies, Univ. of Wolverhampton,
Psychol., 140, 1–55.
Wolverhampton, U.K.
Livengood, J. C. (2007a). The new AACEI recommended practice on foren-
Taylor, B., Sinha, G., and Ghoshal, T. (2008). Research methodology: A
sic schedule analysis—Part five of a five-part series: Choosing the right
guide for researchers in management and social sciences, Mudrak,
methodology, 〈http://www.aacei.org〉 (Apr. 7, 2008).
New Delhi, India.
Livengood, J. C. (2007b). The new AACEI recommended practice on foren-
sic schedule analysis—Part one of a five-part series: The methodology Virvou, M., and Kabassi, K. (2004). “Evaluating an intelligent graphical
debate, 〈http://www.aacei.org〉 (May 28, 2007). user interface by comparison with human experts.” Knowledge-Based
Lovejoy, V. A. (2004). “Claims schedule development and analysis: Syst., 17(1), 31–37.
Collapsed as-built scheduling for beginners.” Cost Eng., 46(1), 27–30. Waller, D. L. (2010). Statistics for business, Taylor and Francis, Hoboken,
Lowry, R. (2008). Concepts and applications of inferential statistics, NJ.
〈http://faculty.vassar.edu/lowry/webtext.html〉 (May 21, 2011). Weber, R. P. (1990). Basic content analysis, Sage, Newbury Park, CA.
Lucas, E. D. (2002). “Schedule analyzer pro—An aid in the analysis of Yates, D. J. (1998). Conflict and disputes in the development process: A
delay time impact analysis.” Cost Eng., 44(8), 30–36. transaction cost economics perspective, 〈http://www.prres.net/
MacCrimmon, K. R. (1968). “Decision making among multiple attribute proceedings/proceedings1998/Papers/Yates3Ai.PDF〉 (Nov. 26, 2014).
alternatives: A survey and consolidated approach.” RM-4823-ARPA, Yin, R. K. (1994). Case study research: Design and methods, Sage,
RAND Corp., Santa Monica, CA. Newbury Park, CA.
Mahamid, I., Bruland, A., and Dmaidi, N. (2012). “Causes of delay in road Yoon, K. P., and Hwang, C. L. (1995). Multiple attribute decision making—
construction projects.” J. Manage. Eng., 10.1061/(ASCE)ME.1943-5479 An introduction, Sage Publications, Thousand Oaks, CA.
.0000096, 300–310. Zack, J. G., Jr. (2001). “But-for schedules-analysis and defense.” Cost Eng.,
Modarres, M., and Sadi-Nezhad, S. (2005). “Fuzzy simple additive weight- 43(8), 13–17.
ing method by preference ratio.” Intell. Autom. Soft Comput., 11(4), Zanakis, S., Mandakovic, T., Gupta, S., Sahay, S., and Hong, S. (1995). “A
235–244. review of program evaluation and fund allocation methods within
Netemeyer, R. G., Bearden, W. O., and Sharma, S. (2003). Scaling proce- the service and government sectors.” Soc. Econ. Plann. Sci., 29(1),
dures: Issues and applications, Sage Publications, London. 59–79.
Perera, N., and Sutrisna, M. (2010). Research methodological position for Zanakis, S. H., Solomon, A., Wishart, N., and Dublish, S. (1998). “Multi-
a doctoral study on apportioning liability in delay claims, 〈http://www attribute decision making: A simulation comparison of select methods.”
.irbdirekt.de/daten/iconda/CIB18326.pdf〉 (Jul. 30, 2011). Eur. J. Oper. Res., 107(3), 507–529.

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