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Tag Archives: delay

Assessing Delay – the SCL Options.

Our latest paper Assessing Delay – the SCL Options. Has been published in the April edition of PM World Journal.

This paper reviews The Society of Construction Law, Delay and Disruption Protocol (2nd edition), and contrasts the SCL Protocol with AACE® International Recommended Practice No. 29R-03 Forensic Schedule Analysis (2011 Ed.)

In most respects, the two documents take a very similar approach to assessing delay and disruption on construction projects. The fundamental difference is in the focus of the documents, the objective SCL Protocol is to provide useful guidance on some of the common delay and disruption issues that arise on construction projects, with a view to minimizing disputes, whereas AACEi 29R-03 focuses on forensically analyzing delays after the dispute has arisen.

To download more papers focused on delay, disruption and acceleration see: https://mosaicprojects.com.au/PMKI-ITC-020.php#ADD

Assessing Delay & Disruption – Papers updated

In preparation for the publication of a new paper Assessing Delay – the SCL Options in the April edition of PM World Journal it has been necessary to review and update several of the existing Mosaic papers focused on forensic analysis. These updated papers are available for immediate download.

The major updates are to:

Assessing Delay and Disruption – Tribunals Beware. This paper, based on the AACE® International Recommended Practice No. 29R-03 Forensic Schedule Analysis. It:
– Describes the origins, strengths and weaknesses of ‘Critical Path’ scheduling.
– Outlines the current ‘state of play’ with regards to the practice of scheduling.
– Describes the primary approaches to delay analysis, their strengths and weaknesses, including:
    – As-Built v As-Planned
    – Impacted As-Planned
    – Collapsed As-Built
    – Window Analysis and its variant, Time Impact Analysis.
– Describes the type of record needed to support the delay analysis.

Delay, Disruption and Acceleration Costs. This paper examines the theoretical underpinnings of ‘delay and disruption’ costs to suggest a realistic basis for their calculation. It is designed to help non-experts see through the ‘smoke and mirrors’ of schedule claims to understand what is likely to be real, what is feasible, and what’s hyperbole.

Independent, Serial and Concurrent Delays. This White Paper provides an overview of the differences between independent, serial, and concurrent delays and the options for assessing the effect of concurrent delays.

New blogs and articles developed as part of the research are:

Concurrent Delays – UK High Court Decision Supports SCL Protocol. This article discusses an English High Court decision supporting the approach to concurrent delays advocated in the Society of Construction Law Delay and Disruption Protocol and our White Paper (above). This judgement is likely to be influential in the UK, Australia and most Commonwealth countries, requiring expert assessment and analysis to be founded in common sense

Delivering Expert Evidence is Becoming Harder. This article discusses a number of recent judgements that seem to have re-framed expert evidence, ‘the court is not compelled to choose only between the rival approaches and analyses of the experts. Ultimately it must be for the court to decide as a matter of fact what [occurred]. ‘…there is an overriding objective of ensuring that the conclusions derived from that analysis are sound from a common-sense perspective’.

Costain vs Haswell Revisited. This judgement has a number of important findings relating to schedule delay analysis including:

1.  It is necessary to prove the delay event caused a delay to completion (a challenge for a Windows approach to delay assessment).

2.  A CPM schedule is unlikely to provide a sound basis for delay assessment in agile and distributed projects.

This work and the publication in April of Assessing Delay – the SCL Options is part of a larger project to develop a controls paradigm for Assessing Delays in Agile & Distributed Projects. The internationally recognized approaches to assessing delay and disruption discussed in the papers above, are based on the premise there is a well-developed critical path schedule that defines the way the work of the project will be accomplished. Therefore, events that delay or disrupt activities in the schedule can be modelled using this schedule, their effect assessed, and responsibility for the assessed delay assigned to the appropriate party.  The focus of this paper will be to offer a practical solution to the challenge of assessing delay and disruption in agile and distributed projects where the traditional concept of a ‘critical path’ simply does not exist and the effect of intervening events has to be considered in terms of loss of resource efficiency.

 For more papers focused on Claims and Forensic Analysis see: https://mosaicprojects.com.au/PMKI-ITC-020.php

Dealing with client delay

Preventing or minimising client induced delay is a common issue from small ‘agile’ IT developments through to multi-$billion mega projects.  Whilst this type of delay can never be completely eliminated, they can be reduced by applying a pragmatic six stage approach.

 

Stage 1:  Make sure your needs are known and understood by the client.

The best way to minimise delays is to ensure the client understands not only ‘what’ they are expected to contribute but also ‘why’ it is needed – don’t make the mistake of believing ‘they understand’, just because it is their project. Proactive communications is the key to helping your client better understand their role and the consequences of a delay on their part. Some of the questions you need to answer are:

  • Does the client understand the importance of their involvement?
  • Does the client really understand the need for timely feedback?
  • Do they appreciate the impact to the project if they are late / slow?
  • Do they know the dates that they will need to undertake actions so they can plan their work?

You will be surprised how valuable communicating proactively and raising visibility of the potential problems can be; the key is making sure the client develops an understanding of the requirements and the amount of effort needed for them to meet their obligations. This is a form of ‘directed communication’; see: The three types of stakeholder communication.

Stage 2:  Schedule the activity and code it up to make extracting focused reports easy.

A vital tool on the communication lexicon is clearly presented schedule information that is relevant to the client. Make sure their work is defied by activities that can be easily pulled into a focused report. Do not use lags on links to allow time for this work – no one is responsible for the ‘lag’.

Stage 3: Regularly status the schedule and communicate the changes to the client.

Having a plan is only part of the power of scheduling.  Create a baseline and show the slippage between any current ‘client owned’ activities and the plan. Using unbiased data to highlight issues will change behaviours – no one likes to be seen to be causing delays, particularly the project’s beneficiaries.

Stage 4: Raise a risk for anticipated future delays – manage the risk.

When you have a sense that the client is not going to meet their deadlines raise a risk and look for ways to manage the risk. If possible ask the client to help with the risk mitigation plan, which will give them some buy-in to help you be successful. This type of engagement also helps from a communication standpoint to better manage expectations. See more on risk management.

Stage 5: Raise an issue for an actual delay – manage the issue.

If the client ends up not meeting their dates, you have an issue that needs to be effectively managed. Issues management (problem identification and resolution) needs to be performed. Get your team, management, and stakeholders involved. Ask your manager for their input in resolving the problem that is now impacting your completion date. Get more accountability from your managers and the client’s managers to help resolve project deadline concerns. Your managers and sponsors are also the ones in a position to manage priorities to get the work done. If the problem cannot be resolved perfectly, at least you are continuing to manage expectations. See more on issue management.

Stage 6: Deal with contract issues contemporaneously.

If there is a need to make a contractual claim for the delay, make the claim immediately whilst the cause and effect are easily defined and keep the claim factual If the earlier steps in the process have been followed there will be no surprises and resolution of the issue can be achieved with the minimum of fuss or delay. See more on contractual dispute management.

Summary

Client induced delays are best avoided:

  • In commercial contracts, the ‘excusable delay’ (EOT) claim will inevitably damage the relationship and cause ill will – the effect of which can outweigh the benefits of the ‘claim’.
  • Internal projects don’t have the ‘claims’ option and may appear to be unreasonably held accountable for events and circumstances that are not within their control, but they do have control over the processes used to manage the project.

By utilising disciplined and proactive project management processes, you are more likely to avoid these problems and encourage the client to help you be successful by managing expectations and getting the client to be a part of the solution – not just the problem. It’s really just a case of applied stakeholder management!