Construction Delays and Other Claims - Construction Project Scheduling and Control - page 366

and the general contractor or subcontractor. Generally, if there is a language in the
contract that specifies obligations from the general contractor toward the owner, it
usually becomes applicable to any subcontractor. Thus, if the general contractor grants
ownership of the float to the owner, the owner then owns the float for all activities,
whether they are performed by the general contractor or any subcontractor. The case
may not be so simple if the general contractor owns the float. The general contractor
may reach an agreement with the subcontractor for the distribution of the float. Some
jurisdictions have determined the distribution of the float through case law, legislation,
or contracts, but others have not. Researchers have studied this topic extensively and
have come up with many suggestions and algorithms to distribute the float. There is
still no “industry standard” for this issue, and contracting parties must make sure this
issue is discussed and agreed on before signing the contract.
CHAPTER 13 EXERCISES
1. Define a construction claim delay.
2. Who can initiate a construction claim delay?
3. How can owners minimize the number of change orders?
4. The earlier the owner decides on a change, the less extra cost and trouble will
occur. Elaborate on this statement and provide a practical example.
5. What are the major reasons for change orders?
6. Define force majeure . Why is it preferred over the term “act of God”?
7. What are the types of delay claims?
8. If the owner adds additional items of work to the project, does this action auto-
matically entitle the contractor to a time extension? Explain.
9. What can the scheduler—as part of the project management team—do to prevent
delay claims and/or help resolve them? List the items that you must document.
10. List the methods usually used in resolving claims. Briefly explain each one. Classify
them into binding and nonbinding methods.
11. Why is CPM important in proving or disproving construction delay claims?
12. Define:
a. As-built schedule
b. As-planned schedule
c. Comparison schedule
d. Accelerated schedule
13. If a subcontractor's activity has 5 days of total float, does the subcontractor have
the authority to use that float however he or she likes? Explain your answer.
14. Can the owner require ownership of the float in the contract? If yes, can the owner
add a 3-day work item to a path that has 5 days of total float without giving the
contractor any time extension? ( Hint : the answer is not a simple yes or no.)