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Scholarly Paper

Empirical Evidence of Extension of Time


in Construction Projects
Haroon Shabbar 1; Fahim Ullah 2; Bilal Ayub, Aff.M.ASCE 3;
Muhammad Jamaluddin Thaheem, Ph.D., Aff.M.ASCE 4; and Hamza Farooq Gabriel, Ph.D. 5
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Abstract: Almost all construction projects face delays resulting in extension of time (EOT) or liquidated damages, depending upon which of
the two parties absorbs the responsibility as per terms of the contract. A number of factors influence the realistic assessment of EOT claims,
along with the level of awareness and technical support. The construction industry of Pakistan, which operates in a rather traditional and
outdated style, has never been assessed on such critical contract management aspects. It has resulted into various disputes, court cases, and
bad blood between stakeholders. To help facilitate the local practitioners, this study analyzed 29 EOT-influencing factors. Prevalent practices
in the construction industry also were investigated. On the basis of an extensive survey, it was found that delayed payment to the contractor
was the primary cause of EOT claims. Conclusions were drawn and recommendations are proposed to resolve EOT issues, float ownership,
and prolongation cost. DOI: 10.1061/(ASCE)LA.1943-4170.0000217. © 2017 American Society of Civil Engineers.

Introduction various tools, techniques, and contractual provisions (Khamooshi


and Abdi 2016; Trauner 2009).
Project success has many dimensions, one of which is timely com- However, concerted efforts are exercised to avoid it; once
pletion (Fawzy and EL-adaway 2013). It has been argued that it is the occurred, the delay may result in either liquidated damages to
most important matric to measure project success (Ullah et al. 2016). the contractor, an extension to stipulated time of completion, or
But literature suggests that delays in construction projects are almost monetary compensation to the contractor (Hanna et al. 2016).
inevitable, resulting in reduced confidence in the efficiency of the The decision for one of these measures depends on the responsibil-
construction industry (Arif and Morad 2013). It is reported that ity of delay, established with the help of proper investigation and
70% of projects, on average, face delays that extend their duration analysis (Muhamad et al. 2016). Construction delays are caused by
by 10–30% (Assaf and Al-Hejji 2006). Similarly, Aibinu and several factors, including internal and external process time, errors
Jagboro (2002) reported that construction delays are responsible in documentation, unrealistic contract period, improper resource,
for 36–64% of cost overruns. Some delay causes can be attributed and risk allocation (Hanna et al. 2016; Larsen et al. 2015). Though
to the contract, whereas some are beyond the control of stakeholders, these factors are technical in nature, sometimes delays are caused
such as force majeure. In this regard, Aibinu (2009) suggested the use by managerial reasons, over monitoring, and scrutinization (Farrow
of precontract negotiation to avoid and mitigate delay claims. Once a 2007). As a result of delays caused by the client, an extension of
project gets delayed, corrective measures of various kinds are initi- time (EOT) is granted to the contractor. However, EOT claims
ated, including fast and flash tracking (Pishdad-Bozorgi et al. 2016), are not always resolved so amicably owing to confrontational
consumption of contingency for schedule control (Ford 2002), and approaches adopted by various parties. A classical case in this con-
float use (El-Rayes and Jun 2009). These methods are supported by nection is an overlapping of activities that is highly preferred by the
client, and that results in a minimum EOT. Inversely, the contractor,
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Manager Contracts, Infrastructure Development Authority, Ground notwithstanding the multitasking approach of the client, considers
Floor, 7 C-1, Gulberg III, Lahore, Punjab 54000, Pakistan. E-mail: activities in a series (one after the other), resulting in a maximum
haroonshabbar@gmail.com EOT (El-adaway et al. 2016). Literature suggests that, globally,
2
Lecturer, Dept. of Construction Engineering and Management, EOT claims are on rise. For example, the number of construction
NIT-SCEE, National Univ. of Sciences and Technology, H-12, Islamabad claims submitted to the American Arbitration Association (AAA)
44000, Pakistan. E-mail: fahimullah@nit.nust.edu.pk reached almost 25% of the total $1.7 million claims presented
3
Lecturer, Dept. of Construction Engineering and Management, over the past 74 years (Kassab et al. 2006). According to Odeh
NIT-SCEE, National Univ. of Sciences and Technology, H-12, Islamabad
and Battaineh (2002), the average ratio of actual completion time
44000, Pakistan. E-mail: bilalayub@nit.nust.edu.pk
4
Assistant Professor, Dept. of Construction Engineering and Man- to the planned contract duration is 160.5% for road projects and
agement, NIT-SCEE, National Univ. of Sciences and Technology, H-12, 120.3% for building projects because of the delays and EOT
Islamabad 44000, Pakistan (corresponding author). E-mail: jamal. claims. Moreover, according to Williams (2003), in the total wasted
thaheem@nit.nust.edu.pk time, 70% is associated with data-searching organization. To avoid
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Professor, Dept. of Water Resources Engineering and Management, any conflicts and reach a mutually beneficial solution, a number of
NICE-SCEE, National Univ. of Sciences and Technology, H-12, Islamabad analytical methods are available, such as window analysis and time
44000, Pakistan. E-mail: hamza.gabriel@nice.nust.edu.pk impact analysis. (Muhamad et al. 2016). These methods take into
Note. This manuscript was submitted on June 7, 2015; approved on
consideration various factors identified through literature review
December 28, 2016; published online on March 25, 2017. Discussion
period open until August 25, 2017; separate discussions must be and interviews that directly or indirectly affect the realistic deter-
submitted for individual papers. This paper is part of the Journal of Le- mination of EOT (Muhamad et al. 2016; Birgonul et al. 2014).
gal Affairs and Dispute Resolution in Engineering and Construction, The construction industry around the world has a poor record in
© ASCE, ISSN 1943-4162. terms of completing projects in a stipulated time (El-adaway et al.

© ASCE 04517008-1 J. Leg. Aff. Dispute Resolut. Eng. Constr.

J. Leg. Aff. Dispute Resolut. Eng. Constr., -1--1


2016; Farrow 2007), and Pakistan is no exception. Pakistan has conditions specify types of delay that entitle the contractor to
issues of quality and subsequent project success as highlighted an EOT.
by Siddiqui et al. (2016). Further, it has overrun issue in terms Similarly, according to Callahan et al. (1992) and Mubarak
of cost and time (Maqsoom and Charoenngam 2014). These over- (2015), an excusable delay can be categorized into excusable com-
runs cause delays to projects and, as a result, their performance pensable and excusable noncompensable subclasses. Mubarak
remains poor. These studies provide useful insights into the con- (2015) claimed that compensable delays are caused by the client
struction industry of Pakistan and its current status. Also, the rea- or any of his representatives. Differing site conditions, changes
sons for major delays have been reported as law-and-order in work and access to site are some examples of compensable
situations, design changes, lack of funds, delayed payments, unre- delays in many standard construction contracts. Further, it is ex-
alistic tender price, and inappropriate contract types (Choudhry plained that noncompensable delays are those delays that are
et al. 2014; Farooqui and Azhar 2014; Gardezi et al. 2014). In a excusable, but do not entitle the contractor to any monetary com-
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recent study by Razzaq et al. (2016), time and cost overrun factors pensation. Last, a concurrent delay is characterized by a combina-
for international joint ventures (IJVs) in Pakistan were explored and tion of two or more independent delay events taking place within
discussed. However, these studies are basic in their approach and the same timeframe (Arif and Morad 2013). Further, a concurrent
vigor, raising a need for more detailed analysis. In this regard, delay may be excusable or nonexcusable. According to the Society
Haseeb et al. (2011) provided a useful study for identifying prob- of Construction Law’s (2002) Delay and Disruption Protocol, true
lems of projects and effects of delays in the construction industry of concurrent delay is the occurrence of two or more delay events at
Pakistan. However, the reasons and events causing such delays in the same time: (1) an employer’s risk event, and (2) a contractor risk
various contractual arrangements are yet to be explored. Not only event; the effects of both are felt at the same time. The protocol
are the reasons or events causing delays such as variations, force further explains that when true concurrent delay occurs, the con-
majeure, and adverse weather conditions not well studied, methods tractor should nevertheless be entitled to an EOT for employer
for dealing with them also are not available for local practitioners. delay-to-completion. When contractor delay-to-completion occurs
The core objectives of this research are to study the importance concurrently with employer delay-to-completion, the contractor’s
of critical factors, delays, and EOT cases, and point out potential concurrent delay should not reduce any EOT due.
flaws in prevalent practices in construction industry of Pakistan. A delay may be any type among the four groups. Each group
In doing so, this research investigates the importance of delay has its own set of procedures for resolving the associated claims.
analysis in dealing with EOT claims; analyzes top factors that usu- According to Mubarak (2015), resolving delay claims is one of the
ally are not given importance in prevalent practices, such as cost of core objectives of scheduling a project. Construction schedules
prolongation and ownership of float; and formulates a framework have been used widely for resolving delay claims (Babar et al.
for realistic determination of the time extension for EOT claims. 2016; Perera et al. 2016). Review boards and courts encourage
It is expected that the findings will help construction practitioners the use of critical path method (CPM) scheduling to identify delays
have a better understanding of EOT settlement resulting in an im- and delay responsibilities (Babar et al. 2016; Bayraktar et al. 2012).
proved performance of the construction industry. Ndekugri et al. (2008) defined delay analysis as the task of inves-
tigating the events that caused project delay to assess financial li-
abilities of the contracting parties. According to Nguyen and Ibbs
Literature Review (2008), the five most commonly used methodologies for delay
analysis are: (1) as-planned versus as-built (total time) method,
Extension of time is the compensation granted to the contractor in (2) impacted as-planned (what-if) method, (3) collapsed as-built
the case of delays for which he is not responsible to prevent incur- (but-for) method, (4) windows analysis method, and (5) time im-
rence of undue liquidated damages (El-adaway et al. 2016). pact analysis (modified as-built) method.
According to Anuar Othman et al. (2006), EOT is a result of an As-planned versus as-built method compares two schedules and
excusable delay that occurs when a contractor is behind schedule work with the assumption that one party causes no delays, but the
because of events beyond his control. The Society of Construction other party causes all delays. It displays the net impact of all delay
Law’s (SCL) (2002) Delay and Disruption Protocol states that a events on the project completion date (Nguyen and Ibbs 2008). In
major benefit of EOT to the contractor is the relief from the liability impacted as-planned method, also known as what-if or adjusted-
of liquidated damages, whereas the client may benefit from avoid- baseline method, the analyst, after specifying the as-planned sched-
ing the situation of time-at-large. ule, inserts changes that cause delays in the schedule (Trauner
Construction delays may be categorized into four groups: 2009). These changes are considered the only identified delays re-
critical versus noncritical delays, excusable versus nonexcusable corded during the project that may have affected its duration. The
delays, compensable versus noncompensable delays, and concur- time between the date of completion presented on as-planned
rent delays. These have been explained by various authors. Accord- schedule and the one on impacted as-planned schedule is consid-
ing to Trauner (2009) and Callahan et al. (1992), the events causing ered the delay for which a contractor is entitled to an EOT. In col-
delays to project completion dates are known as critical delays, lapsed as-built method, all contemporary records and project
whereas those which do not affect the project completion date documentation are studied and a detailed as-built schedule is pre-
are considered noncritical. Further, whether a delay is excusable pared. Then, the activities that affected the project are subtracted or
or nonexcusable is decided on the basis of contractual provisions removed from as-built schedule (Golparvar-Fard et al. 2011).
(Trauner 2009). Vasilyeva-Lyulina et al. (2015) claimed that an Hence, the difference between end dates of as-built and collapsed
excusable delay is an event characterized by the fact that it was as-built schedules obtained by subtracting activities from as-built
both unforeseeable and beyond the control of the contractor. schedule is considered to be the delay.
Mubarak (2015) defines nonexcusable delays as the ones for which The windows analysis method is on the basis of a CPM sched-
the contractor is either directly responsible or should have foreseen uling technique in which the total project duration is broken down
the delay-causing event. It is further explained that in the event of a into small and manageable time periods, referred to as windows.
nonexcusable delay, the contractor is neither entitled to an EOT nor Delay events occurring in each window of time are analyzed suc-
any monetary compensation. Further, standard forms of contract cessively by concentrating on the critical paths (Hegazy and Zhang

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2005). The criteria for selecting the size of these windows is de- In this regards, the establishment of the Pakistan Engineering
cided according to major project milestones, occurrence of major Council (PEC) has streamlined the local contractual practices.
delay events, and issuance of schedule revisions (Mehany and Its root is on the basis of the FIDIC and being a representative
Grigg 2016). Last, time impact analysis method (TIA) is one of member, PEC has its own set of contractual regimes that are a
the most widely accepted techniques (Perera et al. 2016). In this modified version of the FIDIC addressing local needs. The standard
method, the focus is on a specific delay event instead of a particular bidding document for civil works provides details of various con-
time period as in the window analysis method. Further, the effects tractual mechanisms followed throughout the country. It is further
of delays are analyzed in a chronological manner, using an updated aided with documents for electrical and mechanical (E&M) works,
CPM schedule to incorporate each delay into the schedule small contracts, time-based consultancy assignments, lump-sum
(Bayraktar et al. 2012). The amount of delay resulted from each consultancy assignments, and consultancy services for smaller
of the delaying activity is then determined by comparing the projects (PEC 2007). From the contractual arrangements to the fi-
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end dates of the project before and after addition of each delay ner details, such as payment scheme and price adjustments, these
event into the schedule (Ndekugri et al. 2008). Although this documents provide detailed guidelines for local practice. The real
method too has some drawbacks, the Society of Construction challenge in this regard is the implementation: the policy and docu-
Law (2002) recommends it. ment was instated in 2007, but its follow-up was not looked into
Regardless of the technique used for delay analysis, ownership until recently in the form of changes to PEC structure, and it was
of float is a controversial issue in delay-claim litigation. According assigned to the ministry of science and technology. It is expected
to Trauner (2009), float is a measure of schedule flexibility and that the policy will be implemented with the immediate effect of
indicates the extent to which an activity can be delayed before it yielding fruitful results because of this development (PEC 2016).
starts causing overall delay. Therefore, both contractor and client The literature shows that 29 factors have been identified that
have their own arguments to claim the float available in noncritical influence EOT assessment, which are ranked by involving experts
activities, turning it into a bone of contention between the parties from the construction industry of Pakistan, to have an idea about
(El-adaway et al. 2016). In general, there are three primary con- the current status, understanding, and assessment methods used for
cepts of total float ownership: client’s, contractor’s, and project’s EOT assessment. Further, keeping in view the importance and lack
ownership. Compensation for prolongation cost is also an impor- of published work on prolongation costs and float ownership,
tant issue when dealing with delay claims. Delay causes prolonga- guidelines were drafted for handling them.
tion that, in turn, results in increased cost (Society of Construction
Law 2002). Standard contract forms, especially that of the Inter-
national Federation of Consulting Engineers (FIDIC), entitle the Research Methodology
contractor to recover prolongation compensation for time-related
For this research, a questionnaire survey approach was adopted to
resources and site overheads. As per the core principle proposed
identify and analyze different factors affecting realistic assessment
by the protocol, the objective is to put the contractor in the same
of EOT. Twenty-nine factors involved in EOT assessment were
financial position he would have been in if the employer risk event
identified after extensive literature review, interviews from experts
had not occurred.
in the field, and personal experience of the authors in the capacity
The construction industry of Pakistan is marred with inadequa-
of contracts and planning engineers. For each of the 29 factors, both
cies in terms of time and cost overruns that could be linked to vari-
yes/no type and Likert scale-based questions were designed so that
ous factors. It has seriously low political and economic stability
not only the respondents’ importance rankings were analyzed, but
indices of −2.49 and þ44, respectively (Razzaq et al. 2016). some data over prevalent practices regarding those factors also were
Underperformance of its construction industry can be narrowed studied. The questionnaire consisted of three major parts: (1) re-
down to its inadequate contractual practices, risk sharing, and sub- spondents’ information was collected, (2) general questions regard-
sequent management (Maqsoom and Charoenngam 2014; Farooqui ing prevalent practices were asked, and (3) questions regarding the
and Azhar 2014). The country relies highly on traditional contrac- factors involved in EOT assessment were asked. These factors were
tual arrangements of design-bid-build having fixed and rigid related to schedule, delay analysis, ownership of float, and prolon-
clauses that fuel the adversarial relationships between the stake- gation cost.
holders (Noor et al. 2012). In recent practices, a shift toward The sample that was chosen for this research was randomly se-
nontraditional and managed methods, such as public private part- lected from civil engineers working with various construction com-
nerships (PPP) that involve huge investments (Ullah et al. 2016), panies having projects all over Pakistan. The sample contained all
has been observed. Offsite construction techniques also have gotten three types of contractual stakeholders: clients, consultants, and
recent attention as reported by Ansari et al. (2016). Also the turnkey contractors with a minimum experience of three years. The ques-
and design-build projects recently have been adopted (Chen et al. tionnaire was distributed for online filling and submission, and was
2015). Choudhry (2016) highlighted the inexperience of local in- in hard form when visiting the potential respondents. Out of 130
dustry in which different professionals are hired for different serv- invited respondents, 105 total responses were received and after
ices, making the integration and corresponding management screening, a sample of 97 valid responses was used. Hence, a
difficult. It was suggested to involve design consultants in the 74.6% valid response rate was achieved. Setting the confidence
planning and execution phases to help the management team deal level at 95%, and using Shash and Abdul-Hadi (1993) and Dillman
with design issues that escalate the EOT claims. Although the in- (2000), the sample size was 96, with a sampling error of 10%.
dustry seems to be moving toward better and advanced contractual Analysis of the collected data by Statistical Package for Social
practices, the reliance on traditional approaches is still significant. Sciences (SPSS), gave a maximum sampling error of 9.8%.
Hence, the rigid traditional clauses such as “no damage for delay,” Hence, a sample comprised of 97 respondents was quite reliable
“unrealistic liquidated damages,” and “all risks to be borne by the for further analysis.
contractors” are still in practice (Choudhry and Iqbal 2013; Haseeb The responses to each statement then were used to calculate
et al. 2011). As a result, EOT and dispute cases are regularly re- the relative importance index (RII) ranging from 0 to 1 using
ported by local industry. Eq. (1), in which w represents weighting given to each factor by

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the respondents ranging from 1 to 5, A is the highest weight (5), and Table 1. Tests of Normality: Shapiro-Wilk Test
N is the sample size Shapiro-Wilk test
P
W EOT factors Statistic df Sig.
RII ¼ 0 ≤ RII ≤ 1 ð1Þ
A×N F01 0.864 97 0.000
F02 0.512 97 0.000
Microsoft Excel and SPSS-18 were used to analyze the F03 0.716 97 0.000
data. The study followed the usual level of significance, i.e., F04 0.596 97 0.000
α ¼ 0.05. Statistical techniques used for analysis were Cronbach’s F05 0.468 97 0.000
coefficient alpha method for reliability, Shapiro-Wilk test for nor- F06 0.848 97 0.000
mality, and Kruskal-Wallis test for difference in perception of F07 0.654 97 0.000
stakeholder groups (Devore 2015). F08 0.581 97 0.000
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F09 0.448 97 0.000


F10 0.492 97 0.000
Results and Discussions F11 0.623 97 0.000
F12 0.614 97 0.000
It was revealed that the timely completion of local projects is rarely F13 0.773 97 0.000
witnessed because of a number of diversified and seen/unforeseen F14 0.553 97 0.000
F15 0.620 97 0.000
factors. Such factors cause delays in time and result into EOT
F16 0.856 97 0.000
claims, forcing the project completion time to be shifted to a F17 0.528 97 0.000
new date. F18 0.804 97 0.000
F19 0.767 97 0.000
F20 0.624 97 0.000
Characteristics of Respondents F21 0.733 97 0.000
F22 0.792 97 0.000
As for distribution, 34% of respondents belonged to client organ- F23 0.739 97 0.000
izations, 37.1% were consultants, and 28.9% were from contractor F24 0.777 97 0.000
firms. In terms of experience, approximately 19% respondents had F25 0.761 97 0.000
accumulated over 10 years of construction experience, 40% be- F26 0.747 97 0.000
tween 6 and 10 years, and 41% had less than 5 years of industrial F26 0.856 97 0.000
experience. In terms of working position, approximately 34% of the F27 0.715 97 0.000
respondents belonged to lower management positions, 56% middle F28 0.766 97 0.000
F29 0.753 97 0.000
management, and 4% occupied top management positions in their
organizations. Last, in terms of the working sector, 32% of the re- Note: df = degree of freedom; Sig. = significance value.
spondents represented the public sector, 30.9% represented semi-
government, and 37.1% represented the private sector.

Results of Statistical Tests

For the data collected for this questionnaire survey, Cronbach’s


coefficient method was performed using SPSS, and its value was
calculated as 0.894. Its higher value indicated that the data were
consistent and reliable for further analysis.
The Shapiro-Wilk test was performed to check the normality
of the data. Significance values found were 0.000; when larger
than 0.05, the data are sufficiently normal. Therefore, as shown
in Table 1, data were not distributed normally and nonparametric
tests were required for further analysis.
Because the collected data was nonparametric, the Kruskal
Wallis test was performed to check whether all stakeholders had Fig. 1. Stakeholders’ perception about realistic assessment of EOT in
similar perceptions regarding factors involved in EOT claims. their projects
Figs. 1–3 show differences in perception because significance
values were less than 0.05.
For schedule related factors, results showed that all three stake-
holders had the same perception except the factor: schedule sub- (2016) in their study, in which it was concluded that use of recom-
mitted by contractor is on the same software recommended by mended software establishes trust in data exchange and results in
client [significance value (Sig.): 0.0231]. Upon close observation a lower cost impact of inefficient interoperability. Owing to the
of RII values (clients, 0.7757; consultants, 0.8278; and contractors, existence of nontraditional approaches in local construction indus-
0.7214) for this factor, it was found that all three stakeholders gave try, the use of software and latest managerial practices is yet to
different importance; consultants especially gave very high impor- mature.
tance to this factor as compared with other stakeholders. Being the For delay analysis related factors, contractors, clients, and
party that is responsible to assess the EOT claim, they were most consultants had the same perception in EOT claim assessment be-
concerned about scheduling software because operational inconsis- cause of p-values greater than 0.05 except for the factor: client’s
tencies occurred because of different internal data management objections on the time of extension granted can be satisfied
of different programs. This also was highlighted by Tibaut et al. (Sig.: 0.0001). When the RII values of all three stakeholders

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Fig. 2. Perception about events that cause EOT

industries, but was casually dealt with as per local practices, leading
to both EOT claims and disputes.
In the case of prolongation cost related factors, contractors,
clients, and consultants had different perceptions regarding most
of them because of p-values smaller than 0.05. When the RII of
all the three stakeholders was analyzed, it was observed that for
the factor, cost of prolongation is entitled to the contractor (Sig:
0.0434), contractors gave very high importance (0.9214) as com-
pared with the other two stakeholders (clients, 0.8545; and consul-
tants, 0.8333). For the factor, if prolongation cost is entitled, claims
and consequent disputes can be avoided (Sig.: 0.0185), again con-
Fig. 3. Perception about type of projects with respect to frequency of tractors gave very high importance (0.9214), whereas consultants
EOT claims in their projects (0.8111) and clients (0.8969) gave relatively moderate importance.
Similarly, if prolongation cost was entitled, the party that would
bear the cost of revalidation of bank guarantees and insurance
was considered highly important by contractors (0.9071), whereas
regarding this factor were analyzed, it was observed that contrac-
consultants (0.7944) did not concur. This pointed to the fact that
tors (0.6500) gave very low importance to this factor compared
clauses of liquidated damages and all risks to be borne by contrac-
with clients (0.8364) and consultants (0.8667). This points to rather
tors constrain such clauses and, as a retaliating strategy, prolonga-
casual behavior, probably on the basis of the lack of awareness
tion costs were highly sought after. This aired the adversarial
about the objections raised by clients on EOT assessment issues.
relationship that escalated disputes in local context.
Again, having developed the expertise in traditional design-bid-
build method over the years, lower stakes in the project, and better
relationships with legal fraternity, local contractors tended to drag
Ranking of Factors by RII
the EOT disputes to litigation to pressure the clients into granting
time extensions. Ranking of all groups of factors on the basis of their combined RII
For ownership of float-related factors, contractors, clients, and values is discussed with greater details for the top 3-ranked factors.
consultants had the same perception except for the factor: float
ownership is predetermined, disputes regarding time issues can
be avoided (Sig.: 0.0256). Analyzing the RII of all three stakehold- Schedule Related Factors
ers (clients, 0.8364; consultants, 0.8222; and contractors, 0.9357) There were 10 factors identified that were related to realistic project
regarding this delay factor, it was observed that contractors consid- duration and project schedule EOT claims assessment. Importance
ered it highly important. Contractual language is required to assign ranking on the basis of the RII values calculated for all three stake-
its ownership and trade it as a commodity (De La Garza et al. 1991). holders is shown in Table 2.
Linking it to Farooqui and Azhar (2014), inadequate contractual Results from combined RII analysis showed that with a value of
practices exist in the local construction industry. Further, because 0.9526, the highest ranked factor was: if realistic project duration
of dependence on the traditional contractual systems, the use of and schedule are adopted, delay analysis techniques can be used
planning software and other ICT tools was limited (Abbas et al. to assess the actual impact of delays on the schedule. The results
2016). This hindered the critical decision making, such as float indicated that to be able to make use of delay analysis techniques
ownership, which was a serious concern in developed construction for better assessment, it was imperative to have realistic project

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Table 2. Stakeholders’ Response to Schedule Related Factors
Clients’ Consultants’ Contractors’ Combined Ranking within
Serial number Schedule-related factors RII RII RII RII the group
How important it is:
1 To have realistic project schedules in projects to avoid 0.9394 0.8944 0.9429 0.9237 4
EOT claim
2 To have involvement of all parties in prebid meetings 0.8667 0.8278 0.8071 0.8351 9
for preparation of realistic project schedule
3 To have project schedules on scheduling software 0.9273 0.8778 0.9214 0.9072 8
4 That the schedule is continuously tracked during the 0.9273 0.9000 0.9571 0.9155 5
course of project
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5 That the schedule submitted by contractor is on the 0.7758 0.8278 0.7214 0.7794 10
same software recommended by client
6 Estimate the time required for the project first, and 0.9091 0.8889 0.9286 0.9072 7
then allot project completion time rather than
tentatively assigning the project completion time and
making the schedule according to it
7 To have an assessment of available resources for the 0.9333 0.9222 0.9214 0.9258 3
project when making schedule
If realistic project duration and schedule are adopted:
8 Delay analysis techniques can be used to assess the 0.9636 0.9333 0.9643 0.9526 1
actual impact of delays on the schedule
9 Project progress can be tracked efficiently throughout 0.9576 0.9222 0.9500 0.9320 2
the project
10 If the contract period (time of completion) is realistic, 0.9273 0.9000 0.9143 0.9134 6
EOT claims will be less, and time spent on assessment
of unnecessary EOT claims can be saved

durations and schedules in contracts. This was important in EOT local construction industry and were further escalated in inter-
assessment because without delay analysis, it was difficult to con- national joint venture (IJV) projects. Nonavailability of resources
clusively assess the effect of delays, and without a well-developed in general and, specifically, the lack of skilled labors and techno-
schedule in place, it was difficult to perform delay analysis logically sound experts, constrained the local industry and led
(Muhamad et al. 2016). This called for using the latest managerial to unrealistic and improper resource assessment and subsequent
practices and tools in local industry, such as planning and sched- allocation.
uling software, and adoption of more reliable contractual methods
(Siddiqui et al. 2016; Abbas et al. 2016). Recent literature trends
depict the local construction industry as gradually adopting these Delay Analysis Related Factors
practices, but it is too early to see fruitful results. There were 10 factors identified that were related to delay analysis
The factor ranked as second highest was: if realistic project du- in EOT claim assessment. Importance ranking on the basis of RII
ration and schedule are adopted, project progress can be efficiently values calculated for all three stakeholders is shown in Table 3.
tracked throughout the project. It has a combined RII value of On the basis of the combined RII values calculated for all delay
0.9320. A value this high suggested that having realistic project analysis related factors, considering concurrent delays was the
durations and schedules were essential elements for tracking and highest ranked factor with a combined RII value of 0.9299. Hence,
monitoring the project’s progress to enhance project success chan- as per the opinion of stakeholders, it was very important to consider
ces. This was recently highlighted by Khamooshi and Abdi (2016) the effect of concurrency of delay events and their impacts on the
in their study. It was this unrealistic duration estimation that caused schedule. According to the Society of Construction Law (2002),
extensive delays and EOT claims in the local construction industry effects of concurrency of delays have direct influence in the entitle-
(Babar et al. 2016). The rigid clauses of all risks to be borne by ment of both EOT and prolongation cost. Therefore, it is extremely
contractors clouded their judgment of realistic estimates and di- important to consider this factor in delay analysis as highlighted by
verted their focus. Thus, monitoring and proper tracking of project Al-Gahtani et al. (2016). This usually was neglected in local prac-
durations suffered. This can be aided with the use of advanced tice because the traditional contract types did value highly the
contractual methods, such as PPP, turnkey, and other project and concurrency of events leading to disputes. Although these have
construction management approaches. Though their adoption has been incorporated in PEC price adjustment clauses for both local
started, the results are yet to be seen. and international contracts (PEC 2016), the lack of implementation
The factor, assessment of available resources for the project resulted in underperformance.
while making schedule, was placed in the third position by stake- The second highest ranked factor ranked was: performing delay
holders, with a combined RII value of 0.9258. Again, a value analysis for assessment of EOT, with a combined RII value of
greater than 0.9 indicates that stakeholders give high importance 0.9031. It was indicative of the fact that for realistic assessment
to assessment of resources available with the contractor. This of EOT, it is extremely important to use delay analysis techniques
was because the party who schedules and executes the work should on the construction schedules rather than manually calculating the
have a good assessment of resources available to perform the tasks number of days to be extended; this also was indicated by Aziz and
(Siu et al. 2016). This would result in a realistic schedule. As re- Abdel-Hakam (2016). The third factor with the same combined RII
ported by Razzaq et al. (2016), resource constraints existed in the of 0.9031 was: if delay analysis is performed, critical or most

© ASCE 04517008-6 J. Leg. Aff. Dispute Resolut. Eng. Constr.

J. Leg. Aff. Dispute Resolut. Eng. Constr., -1--1


Table 3. Stakeholders’ Response to Delay Analysis Related Factors
Clients’ Consultants’ Contractors’ Combined Ranking within
Serial number Delay analysis–related factors RII RII RII RII the group
How important it is:
11 To perform delay analysis for assessment 0.933 0.900 0.907 0.903 2
of EOT
12 To choose a proper delay analysis method 0.824 0.872 0.835 0.845 7
suitable for your case
13 To consider concurrent delays 0.951 0.927 0.907 0.929 1
14 To consider overlapping delays 0.878 0.888 0.942 0.901 4
15 To use computer aided delay analysis 0.775 0.788 0.707 0.760 10
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techniques
If delay analysis is performed:
16 Critical or most damaging delay events can 0.933 0.866 0.95 0.903 3
be identified
17 Client’s objections on the time of extension 0.836 0.866 0.650 0.783 9
granted can be satisfied
18 Contractors objections on the time of 0.812 0.883 0.821 0.833 8
extension granted can be satisfied
19 Claims and disputes can be minimized 0.909 0.905 0.914 0.899 5
20 Time and cost overruns can be avoided 0.890 0.861 0.835 0.863 6

damaging delay events can be identified. The stakeholders strongly of contention at any time during the project; this also is highlighted
believed that by making use of suitable delay analysis techniques, by Al-Gahtani et al. (2016).
e.g., time impact analysis, in which the effect of each delay event The second factor with same combined RII value was: if owner-
can be analyzed separately, the events causing the most damaging ship of float is predetermined, disputes regarding time issues can
delays can be identified (Perera et al. 2016). This also will help in be avoided. It has been observed in construction industries all over
avoiding such events in future projects and mitigating their effects the world that contractors vehemently contest float ownership,
if they occur. Because of a lack of proper management practices in stressing that because the schedules are prepared by them, any time
the local construction industry, the delay analysis, which is a core cushion in noncritical activities belongs to them. Although clients
EOT assessment method, was not followed. Moreover, even PEC conversely hold the opinion that because they own all project as-
does not go into the required level of details for EOT assessment, sets, such as the schedule, they own the float. Therefore, if float
and it superficially deals with it by just mentioning that delay analy- ownership is determined at the beginning of the project, such dis-
sis is to be performed, instead of a thorough and holistic mecha- putes can be avoided. When such disputes are avoided, consider-
nism. The answer to what, how, and how much was not provided, able time and cost that would otherwise be wasted on the disputes
which escalated the deteriorating situation of EOT assessment in and litigation, also will be saved. The third factor, if ownership of
local context. float is predetermined, time and cost overrun can be avoided, had a
combined RII of 0.8412. This also was highlighted in a recent study
by El-Sayegh and Rabie (2016).
Ownership of Float Related Factors As previously mentioned, float ownership and determination
There were four factors identified that related to ownership of float were critical issues faced by the local construction industry. Razzaq
in EOT claims assessment. Importance ranking on the basis of the et al. (2016) highlighted critical factors for IJVs in Pakistan leading
RII values calculated for all three stakeholders is shown in Table 4. to both cost and time overruns, which easily can be managed if the
Results showed that the factor, determining ownership of float in float is properly allocated. Unfortunately, in local context, PEC
the start of project, was placed first by the respondents with a com- documents or existing practices do not necessarily assign it to a
bined RII value of 0.8515. Hence, almost all stakeholders believed party at the start of the project. As a result, it becomes a point
that inclusion of a float ownership clause in the contract was a of conflict between the parties. This float ownership, if properly
must, so that the float ownership issue would not become a bone allocated, can answer many of the EOT issues locally because

Table 4. Stakeholders’ Response to Ownership of Float Related Factors


Clients’ Consultants’ Contractors’ Combined Ranking within
Serial number Ownership of float–related factors RII RII RII RII the group
How important it is:
21 To determine the ownership of float at the 0.812 0.855 0.892 0.851 1
start of project
If ownership of float is predetermined:
22 Disputes regarding time issues can be 0.836 0.822 0.935 0.851 2
avoided
23 Either party that owns the float can manage 0.836 0.816 0.871 0.828 4
more efficiently its time
24 Time and cost overrun can be avoided 0.854 0.827 0.878 0.841 3

© ASCE 04517008-7 J. Leg. Aff. Dispute Resolut. Eng. Constr.

J. Leg. Aff. Dispute Resolut. Eng. Constr., -1--1


Table 5. Stakeholders’ Response to Prolongation Cost-Related Factors
Clients’ Consultants’ Contractors’ Combined Ranking within
Serial number Prolongation cost–related factors RII RII RII RII the group
How important it is:
25 That the cost of prolongation is entitled to 0.854 0.833 0.921 0.866 3
the contractor
If prolongation cost is entitled:
26 Claims and consequent disputes can be 0.897 0.811 0.921 0.872 1
avoided
27 Problem of who bears the cost of 0.872 0.794 0.907 0.843 4
revalidation of bank guarantees and
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insurance will be resolved


28 Time and cost overrun can be avoided 0.890 0.838 0.892 0.872 2

the otherwise demanded extension of time easily can be compen- sure to strongly disagree when asked about realistic assessments of
sated by the available floats. EOT in their projects. Furthermore, an extremely small portion of
clients and consultants strongly agreed with the EOT assessment
Prolongation Cost Related Factors being realistic. The consultants were the only stakeholders that
seemed positive about the realistic assessments of EOT, and most
There were four factors identified that were related to prolongation of them assigned the value of slightly to strongly agree. This
cost in EOT claims assessment. Importance ranking on the basis pointed to a clear lack of understanding and to the presence of
of the RII values calculated for all three stakeholders is shown an adversarial air between the stakeholders. This can be associated
in Table 5. partially with the lack of EOT assessment clauses in local contrac-
Results show that the factor, if prolongation cost is entitled, tual practices and documents. Also, sticking to the traditional con-
claims and disputes can be avoided, was assigned the highest rank tract systems and not exploring innovative and latest techniques
by clients, consultants, and contractors with a combined RII value bars the local practitioners from exposure to updated and reliable
of 0.8722. This indicated that in the case of compensable delays methods for such assessment.
(employer risk events), it was very important that the contractor In response to another question about the project schedule to be
was paid the cost incurred on account of any time related resources, realistic, 62% of the overall respondents answered negatively, 34%
otherwise claims and disputes might arise with repercussions. This in affirmation, whereas 4% were not sure. This shows that the ma-
is evident from the case of Kulekhani, Nepal, as highlighted by jority of the parties did not trust the schedules to be realistic and
Dahal and Rai (2016). achievable in the allotted time. This finding correlated with the
The factors that were ranked second and third were: if prolon- demographics of respondents; almost 63% respondents belonged
gation cost is entitled, time and cost overrun can be avoided; and
to government and semigovernment organizations in which politi-
that the cost of prolongation is entitled to the contractor; these had
cal influences dictated the decision making. This is valid because
combined RII values of 0.8722 and 0.8660, respectively. This
politicians in general want to deliver the projects during their ten-
showed that prolongation costs should be paid to the contractors
ures to gain political mileage resulting into unrealistic planned du-
when applicable, and that doing so would save time and cost over-
rations (Iyer and Jha 2006). Influencing major project decisions by
runs, as also highlighted by Alwee et al. (2016). Locally this was a
these political officials, who were not well-versed with engineering
serious matter of concern because many of the disputes were asso-
concepts, resulted in EOT and delay claims. This lack of trust on
ciated with the prolongation costs and their entitlements. Because
realistic duration estimations resulted in disputes and EOT claims,
of the lack of specific clauses, the owners intended to withhold
raising serious concerns for decision and policy makers. This lack
these costs and, conversely, contractors wanted to be paid for costs
of trust can be avoided by promoting trust among the parties by
that were not incurred due their faults. Thus a stress tended to exist
between these two key stakeholders, leading to disputes and claims. introduction of clauses in local contracts that compel stakeholders
to use the latest software, monitoring tools, and innovative contrac-
tual methods. It can also be integrated into PEC’s policy guidelines,
Other Findings in the long run, for the betterment of local industry.
As previously discussed, some questions were included to ask Similarly, when asked about project tracking and related fea-
about prevalent practices in the respondents’ projects regarding fac- tures of management, almost 70% of the respondents replied neg-
tors relating to project schedules and assessment of EOT claims. atively to its use in the construction industry of Pakistan. This
The responses are shown graphically in Figs. 1–3 and conclusions primarily was because of reliance on outdated tools and techniques
are drawn accordingly. in local industry and lack of awareness of the latest and up-to-
Fig. 1 shows that most of the contractors strongly disagreed date software, such as MicroSoft Project, Primavera, and other
about the realistic assessment of EOT in their projects. The contrac- building information modeling (BIM) tools such as Autodesk Revit.
tor’s representatives reported that clients did not asses the EOT real- Although recently observed by the authors and highlighted by the
istically and assigned lower extension than demanded. They had respondents, these software are increasingly adopted by construc-
the perception that contractors demanded overly high durations tion professionals, yet their effects are yet to be seen. Further, 25%
for EOT and, in doing so, the approved EOT was way behind of respondents replying in the affirmative, confirmed the recent
the realistic one. Hence, there were no contractors that strongly adoption of project tracking initiatives. The remaining 5% of re-
agreed about realistic estimations of EOT. Further, the authenticity spondents had no idea about project tracking. This primarily
of the EOT assessment was questionable because among the 33% was because of the absence of clauses in local contracts regarding
representatives of clients, 20% assigned values in the range of not use of software for project tracking and monitoring. Pakistan

© ASCE 04517008-8 J. Leg. Aff. Dispute Resolut. Eng. Constr.

J. Leg. Aff. Dispute Resolut. Eng. Constr., -1--1


Engineering Council civil works documents and existing practices constrained the projects (Ullah et al. 2016). The private industry
do not stress the use of software and information and communica- seemed to be doing well in this regard, as highlighted during
tions technology (ICT) in construction. As a result, the industry is the interviews. Late payment not only led to EOT and delay claims,
under performing, which can be improved upon considerably by but also added to the adversarial relationship between project stake-
inducing the desired flexibility to be innovative and adoptive. holders, leading to distrust and information hiding. Finally, the re-
When asked about the contract time being realistic, 67% of the spondents were asked to highlight the EOT claims for different
respondents replied positively, 26% negatively, and 7% were not project types. Fig. 3 shows that most of the EOT claims were as-
sure. Most of the affirmative respondents were representatives of sociated with building projects, followed by roads and bridges, and,
the private sector, whereas, as expected, the majority of the negat- last, in infrastructure projects. Key clauses were missing from the
ing respondents were from the public sector who were influenced local contractual documents regarding EOT claims, which made it a
by political pressure and forced to unrealistically accelerate the highly exploitable area for the stakeholders. In this regard, other
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projects. As a result, in their opinion as previously highlighted, advanced methods, such as involvement of consultants in planning
the contract time was not assigned realistically. The next question and execution phases as highlighted by Choudhry (2016), also
was about the use of delay analysis techniques in local construction should be considered.
industry. Following the previous negative trend, 55% of the re-
spondents negated the use of delay analysis in the local construc-
tion industry. As much as 10% of the respondents had no idea about Conclusions
the term delay analysis, whereas 35% of the respondents affirmed
the use of delay analysis. As previously highlighted, primarily be- Realistic durations and schedules are extremely important for
cause of the lack of education about the latest and innovative tools proper delay analysis and progress tracking in construction proj-
and techniques, the local industry was performing below expected ects. Assessment of available resources for projects is important
levels. This added to the traditional adversarial relation between for preparation of realistic schedules. In this study, it is found that
contractual stakeholders and promoted the blame game locally. construction schedules are usually not realistic and contract com-
Further, the lack of clauses in existing documents regarding trans- pletion time is assigned tentatively. Moreover, schedules also were
parency of contract awards and contractor selection added to this not efficiently tracked and monitored for project progress, which
issue. The local industry seemed overly inclined toward the tradi- made matters worse as evident from the underperformance of
tional low-bid system as compared with more recent practices, such the construction industry. Extension of time claims rose because
as best value, which added to the poor performance of the local of these unrealistic schedules. Performing delay analysis and con-
industry. sidering the effect of concurrency of delays was important for real-
Among the negatively dominated trends, a few positives did ex- istic assessment of EOT and identification of critical or most
ist. When asked about the perception of concurrency, overlapping damaging delays. Delay analysis techniques were not used widely
delays and their effects, most of the respondents replied in affirma- in assessing EOT claims, which resulted in unrealistic assessments.
tion. For concurrency, 73% respondents replied yes, 19% no, and Of the delay events that resulted in EOT claims, payment to con-
8% were not aware. Similarly, for overlapping delays, 70% re- tractors had the highest contribution.
spondents replied yes, 23% no, and 7% were not sure. Though Float ownerships and prolongation costs were other key issues
the concepts were there, no party was willing to perform realistic leading to increased EOT claims. Determining ownership of float at
assessments as previously stated. This is because of the fear of loss the start of a project was important in avoiding disputes and time/
and because there were no contractual provisions in the local in- cost overrun. There was no such clause defining ownership of float
dustry for such delays and their assessment. mechanism in contracts, which often resulted in claims and dis-
As expected, as many as 80% of the respondents had no idea putes. Further, primarily in the cases of client-related delays, con-
about float ownership. This primarily was because of lack of tractors were not entitled to prolongation of cost. Entitlement of
clauses assigning float ownership in local contracting procedures. contactor prolongation costs was important to avoid claims, dis-
As a result, float ownership became a matter of dispute in the con- putes, and overruns. The frequency of EOT claims occurred more
struction industry and added to delays. Only 9% of the respondents often in building projects than in roads and infrastructure projects.
knew about the float ownership. Since other parties were unaware Pakistani construction projects, like their global counterparts,
of this information, the 9% used the float to their advantage which are prone to EOT claims primarily because of cash-flow issues that
is a conflicting practice. The remaining 11% had no understanding result in delayed payments to contractors. Following these trends,
of float. This pointed to a serious lack of float ownership clauses in the observed schedules were neither realistic nor monitored for
local contract documents and practices as previously highlighted. project progress. Contract duration was assigned tentatively and
When asked about the perception of prolongation costs, the re- delay analysis was not performed. The law-and-order situation
ceived responses show a mixed trend. A total of 50% respondents in the country and lack of funds added to the miserable situation.
had ideas about prolongation of costs, 40% had no idea, whereas Also, contractors were not entitled to the prolongation costs, pri-
10% were not aware of the term and its application. This high marily because of a lack of funds. Further, the ownership of float
amount of uncertainty about cost of prolongation made its assess- was not determined because of a lack of knowledge about float-
ment more difficult and added to delays. related concepts and its assignments. Although PEC has taken steps
In the final section, respondents were asked about the events toward harmonizing and improving the local construction practices,
causing EOT claims. Fig. 2 shows that the primary reason for such the implementation part is still missing. This added to the deterio-
claims was delay in payment to contractors, with a score of 23%, rating situation of the local contract management and fueled the
followed by adverse weather conditions, change orders, and de- EOT claims and disputes.
layed site possession, with score of 18% each. As previously dis- On the basis of the findings of this research, it is recommended
cussed, there were funding issues in the local construction industry that viability and practicability of project schedule and tentatively
and the projects were almost certain to be affected by cash flow assigned contract duration should be discussed in prebid meetings.
problems at some stage. This problem grows exponentially in pub- A float ownership clause should be included in the contract,
lic projects in which the volatile political and economic conditions which assigns the float available in noncritical activities to a party.

© ASCE 04517008-9 J. Leg. Aff. Dispute Resolut. Eng. Constr.

J. Leg. Aff. Dispute Resolut. Eng. Constr., -1--1


To prepare a realistic schedule, assessment of available resources Birgonul, M. T., Dikmen, I., and Bektas, S. (2014). “Integrated approach to
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The findings have usefulness for both researchers and practi-
Choudhry, R. (2016). “Appointing the design consultant as supervision
tioners. Researchers can explore the EOT assessment and respon-
consultant on construction projects.” J. Leg. Aff. Dispute Resolut.
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ducted for a developed country. The practitioners can benefit from system in construction industry in Pakistan.” J. Manage. Eng.,
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