Construction Delays and Other Claims - Construction Project Scheduling and Control - page 350

equipment, the contractor's cash-flow problems, adverse weather conditions
that are expected for that location during that time of the year, or a lack of
skilled labor.
3. Concurrent delay : A combination of two or more independent causes of delay
during the same general time period may be considered to be concurrent
delays. Often the concurrent delays are excusable and nonexcusable delays. For
example, the author was involved in a case in which the contractor was per-
forming at a slow rate and falling behind schedule because the contractor didn't
have an adequate workforce on the site. During the middle of the project, the
owner issued a major change order. The contractor requested 120 days of time
extension due to this change order. In order to prove his point, the contrac-
tor presented two schedules: an original (baseline) schedule and an “impact
schedule.” After an analysis, this author found that the change order justified
only 56 days of delay. The rest, that is, 64 days, were a nonexcusable delay.
The contractor was trying to hide this nonexcusable delay behind the owner's
change order.

It is important to note that just because the additional work may require time
to perform, the contractor is not automatically entitled to an extension of time. The
contractor may have to demonstrate that the additional work impacts the critical path
of the project. The use of CPM schedules and scheduling experts are often necessary
to prove or disprove such a claim.
Conversely, the contractor—in a case of a change order—may be entitled to extra
monetary compensation in lieu of a time extension even if the contractor finished
by the original finish deadline. Typically, this extra payment covers the contractor's
effort—above and beyond the original work plan—for accelerating the schedule. Such
effort may include overtime payments and/or extra labor and equipment. In such
cases, when an owner issues a schedule-impacting change order or causes a delay, the
contractor may negotiate with the owner for finishing on time in exchange for extra
payment.

SCHEDULING MISTAKES RELATED TO DELAY CLAIMS
Construction projects take months or years to finish, with many people and events
involved. In many cases, people are replaced in the middle of the project for a myriad of
reasons. Participants in the project may forget details of what occurred in the project.
The importance of diligently maintaining daily reports, journals, and the like cannot
be overemphasized. Many a case or claim has been won or lost on the quality of the
record keeping performed on a construction project.
One of the most important documents in delay claims is the as-planned baseline
schedule. 13

It represents the manner (timing, sequence, and possible resources) in

13 Defined and discussed in Chapter 6.