Introduction to Delay Analysis

Forensic Planning

Ahmed Fouad Sedky

April 10, 2019
 Delay Analysis & Forensic Planning

Preparing Successful
Critical Path vs. Delay Analysis
1 Presenter Bio 2 Introduction 3 4 5 Extension of Time
Longest Path Techniques
Requests

2
Bio
Civil Engineering background
16 years’ experience

Oil & gas Railway Mixed-Use

Seaports Healthcare Resi/High-rise

Ahmed Fouad Sedky

LL.M., B.Sc.(Eng.) Civil, MCIArb, MCIOB, MQSi, PMP, SP, RMP

Senior Claims Consultant

Cost & Project Management, Altus Group Limited
Toronto, ON, Canada $ Managed $13 Billion (USD)
in scope of work

3
 Preparing Successful
Critical Path vs. Delay Analysis
1 Presenter Bio 2 Introduction 3 4 5 Extension of Time
Longest Path Techniques
Requests

4
What is a Delay?

Definition Reasons Disputes

Time overrun beyond Unanticipated Common Disputes:
planned dates, such as: Circumstances:
Assigning or Assuming
• Scope change
1. Contract completion date • Late change Variance Responsibility
• Access to work site
2. Delivery date (agreed by • Contractor / subcontractor
performance
all parties)

5
How do Disputes Arise?
Source Attribution
• Disagreement • Employer,
• Misunderstanding • Contractor(s),
• Poor relationships • Subcontractor(s), or
• Escalation of conflicts between the • Consultant(s)
parties
• Wide variety of interactions between
diverse people
• Failure of one party to the contract to
keep their promise

6
Contractual Root Causes

Pre-Construction Construction
• Ambiguous contracts & contract documents
(specifications, drawings, errors, discrepancies)
• Changes
(extra works, additional scope, late info)
• Poor Risk allocation • Extension of Time requests caused by events
• Poor Procurement Process (extra work, late access, disruption, late
changes)
• Defective work
• Latent conditions (Hidden or Underlying)
• Failure to adequately document the works
and daily events

7
Types of Delays
Delay

Inexcusable Excusable Pacing Delay

Non-
Compensable
compensable

Non-Concurrent
Concurrent Delay
Delay

8
 Preparing Successful
Critical Path vs. Delay Analysis
1 Presenter Bio 2 Introduction 3 4 5 Extension of Time
Longest Path Techniques
Requests

9
Critical Path

Definition Conditions However

The path of This is true in the following
conditions:
ZERO Total Float
through the project 1. No project deadline
2. No constraints
3. No actuals
If any of the conditions
change…
It well could be the path or
paths with the least Total
Float

10
Longest Path
Definition
The Path Through a
Project Network
Project Network: a series
of activities logically linked
to identify the required
sequence of work.
Longest Path works
through the Project
Network from start to finish
where the Total Duration is
longer than any other path.
Reasoning
Understanding
Impacts All Paths Aren’t Equal
Focus on a project’s
Longest Path!
≠
This is the path where Longest Path is a Critical
What to Watch
deviations from the plan Path
will affect the project’s
finish date. HOWEVER, not all Critical Longest Path
Paths are Longest Paths
This is the main path to
monitor. Timely completion of
longest path activities leads to
projects finishing on time.
11
 Preparing Successful
Critical Path vs. Delay Analysis
1 Presenter Bio 2 Introduction 3 4 5 Extension of Time
Longest Path Techniques
Requests

12
Delay & Time Impact Analysis Techniques
Retrospective Analyses Prospective Analyses
LOOKING BACK LOOKING FORWARD

• As-planned vs. As-built • Time-Impact Analysis

• As-built But For • Impacted As-planned
• Windows Analysis

13
 Delay & Time Impact Analysis Techniques
Method of Analysis Analysis Type Critical Path Delay Impact Requirements
Determined Determined
Logic linked baseline schedule
Impact As-Planned Analysis Cause & Effect Prospectively Prospectively
Selection of delay events to be modelled

Logic linked baseline schedule

Update schedules/progress information with
Time Impact Analysis Cause & Effect Contemporaneously Prospectively
which to update the baseline schedule
Selection of delay events to be modelled
Logic linked baseline schedule
Time Slice Windows Analysis Effect & Cause Contemporaneously Retrospectively Update schedules/progress info with which to
update the baseline schedule

Baseline schedule
As-Planned vs. As-Built Windows Analysis Effect & Cause Contemporaneously Retrospectively
As-built data

Baseline schedule
Longest Path Analysis Effect & Cause Retrospectively Retrospectively
As-built schedule

Logic linked as-built schedule

Collapsed As-Built Analysis Cause & Effect Retrospectively Retrospectively
Selection of delay events to be modelled

Source: Society of Construction Law, Delay Disruption Protocol, 2nd Edition

February 2017, p.34 14
 Preparing Successful
Critical Path vs. Delay Analysis
1 Presenter Bio 2 Introduction 3 4 5 Extension of Time
Longest Path Techniques
Requests

15
Preparing Successful Extension of Time Requests
Event Delay
Only after an event delay
becomes a fact, the Other
Party / the Courts are
interested in what actually
happened rather than in
what could have
happened
Critical Path
For an event to affect the
completion date, it must
fall on the Critical Path of
the project a the time the
event occurred
Facts & Evidence
Must consider all relevant
facts and evidence
regardless of a positive or
negative impact in relation
to the issues in question
Delay Analysis Verification
Delay Analysis should be Are there facts and / or
based on a calculated evidence available and
approachCannot be accessible to verify the
subjective delay cause?
16
Claims Management Advice & Rules to Follow
Evaluate & quantify time and/or cost
01 Record keeping 07
entitlement

02 Knowledge of contract & your obligations 08 Assemble heads of claim

03 Give notice as per contract requirements 09 Define objectives & realistic expectations

04 Collect evidence pertaining to events 10 Develop strategy & timing

05 Establish contractual entitlement & validity 11 Submit, support, negotiate & resolve

06
Analyze data: schedules, correspondence, 12
If unsuccessful, refer to Dispute Resolution
submissions, documents, etc. under contract mechanism

17
EOT Request | Assessment, Presentation & Submission
Claims should be genuine and
01 Keep good records 05
demonstrable

Good presentation
02 06 Update claims and notices as necessary
(know your audience & keep it simple)

Fully understand the contract Monitor and accurately record the full
03 07
and scope of works impact of disruption events

04
Appropriately discharge contractual 08
Select an appropriate delay analysis
obligations in every respect methodology in compliance with the contract

18
Contact Details
D: 416.234.4283

T: 416.641.9500 X 2087

M: 416.807.5316

E: ahmed.fouadsedky@altusgroup.com

Ahmed Fouad Sedky linkedin.com/in/ahmedfouadsedky

LL.M., B.Sc.(Eng.) Civil, MCIArb, MCIOB, MQSi, PMP, SP, RMP

Senior Claims Consultant

Cost & Project Management, Altus Group Limited altusgroup.com
Toronto, ON, Canada

33 Yonge Street, Suite 500, Toronto, ON M5E 1G4

19
Thank You! Thank you
Any questions? Just ask!

20