Documentation and

Proof of Construction
Delay

Presented by:
J. Scott Lowe, P.E.
Trauner Consulting Services, Inc.

P.O. Box 509 Eau Claire, WI 54702-0509 Phone: 866-352-9539 Fax: 715-833-3953
Email: customerservice@lorman.com Web: www.lorman.com Seminar ID: 386128

This manual was created for online viewing. State specific information in this manual is used for illustration and is an example only.
Documentation and Proof
of Construction Delay

Prepared by:
J. Scott Lowe, P.E.
Trauner Consulting Services, Inc.

2010 Lorman Education Services. All Rights Reserved.

All Rights Reserved. Lorman seminars are copyrighted and may not be recorded or transcribed in whole or part without its express prior written
permission. Your attendance at a Lorman seminar constitutes your agreement not to record or transcribe all or any part of it. This publication is
designed to provide general information on the seminar topic presented. It is sold with the understanding that the publisher is not engaged in
rendering any legal or professional services. Although this manual is prepared by professionals, it should not be used as a substitute for professional
services. If legal or other professional advice is required, the services of a professional should be sought.

This disclosure may be required by the Circular 230 regulations of the United States Treasury and the Internal Revenue Service. We inform you that
any federal tax advice contained in this written communication (including any attachments) is not intended to be used, and cannot be used, for the
purpose of (i) avoiding federal tax penalties imposed by the federal government or (ii) promoting, marketing or recommending to another party any
tax related matters addressed herein.

The opinions or viewpoints expressed by the faculty members do not necessarily reflect those of Lorman Education Services.
These materials were prepared by the faculty members who are solely responsible for their correctness and appropriateness.

Lorman Education Services, P.O. Box 509, Eau Claire, WI 54702-0509 Phone: 866-352-9539 Fax: 715-833-3953
Email address: customerservice@lorman.com Website: www.lorman.com Seminar ID: 386128
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Arie de Geus
Determination and
Documentation of
Construction Delay

Speaker: Scott Lowe, P.E.

1
2
 Lorman Education Services is a Registered Provider with The American Institute of Architects
Continuing Education Systems. Credit earned on completion of this program will be reported to CES
Records for AIA members. Certificates of Completion for non-AIA members are available on request.

This program is registered with the AIA/CES for continuing professional education. As such, it does
not include content that may be deemed or construed to be an approval or endorsement by the AIA of
any material of construction or any method or manner of handling, using, distributing, or dealing in any
material or product. Questions related to specific materials, methods, and services will be addressed
at the conclusion of this presentation.

The learning objectives met in attending this program are:

You will be able to recognize the importance of contemporaneous documents.
You will be able to identify what schedules should be used.
You will be able to explain common approaches to the analysis of delay.
You will be able to review measurement and determination of delay.

2009 Lorman Education Services. All Rights Reserved.

Lorman programs are copyrighted and may not be recorded or transcribed in whole or part without its express prior written
permission. Your attendance at a Lorman program constitutes your agreement not to record or transcribe all or any part of it.
This publication is designed to provide general information on the topic presented. It is sold with the understanding that the
publisher is not engaged in rendering any legal or professional services. Although this manual is prepared by professionals, it
should not be used as a substitute for professional services. If legal or other professional advice is required, the services of a
professional should be sought.
This disclosure may be required by the Circular 230 regulations of the United States Treasury and the Internal Revenue
Service. We inform you that any federal tax advice contained in this written communication (including any attachments) is not
intended to be used, and cannot be used, for the purpose of (i) avoiding federal tax penalties
imposed by the federal government or (ii) promoting, marketing or recommending to another party any tax related matters
addressed herein. The opinions or viewpoints expressed by the faculty members do not necessarily reflect those of Lorman 2
Education Services. These materials were prepared by the faculty members who are solely responsible for their correctness
and appropriateness.

Meet Your Instructor

9Scott Lowe
9Principal,
Trauner Consulting Services
920 Years Experience
9Professional Engineer
9Instructor, Scheduler,
Author, Analyst, Expert
Witness

3
 Key Terms: Schedule

Baseline or As-Planned Schedule

Schedule Updates
As-Built Information
Contemporaneous Schedules
After-the-Fact Schedules

Schedule

A schedule is a time-based plan to construct

a project
The schedule may also identify logic, costs,
and resources

4
Schedule
The two most common types of construction schedules
Bar Chart Schedule
2004
Activity Duration Start Finish SEP OCT NOV DEC
Utility Relocation 15 17-Sep-04 07-Oct-04
Civil Construction 40 08-Oct-04 02-Dec-04
Landscaping 15 03-Dec-04 23-Dec-04
Project Complete 0 23-Dec-04
CPM Schedule

Schedule

The ideal Baseline or 0 10 20 30 40 50 60

TIME
As-Planned Schedule
A
is the earliest complete
and approved project
B
schedule
C

As-Planned Schedule

5
 Schedule

A Schedule Update/Revision 0 10 20 30 40 50 60

TIME
is created to monitor
A
progress on the plan and
adjust the plan to reflect all
B
changes in the logic or
duration of the work
C
activities.
D

Schedule Update

Schedule

Contemporaneous After-the-Fact
[of the time]
Schedules prepared Schedules created
and used during the after the project has
project to manage the been completed
work

6
 The Critical Path

The Critical Path

Determines the projects completion date
Is the longest continuous sequence of work
Exists on every project
Is dynamic and can change throughout the
course of the project

10

The Critical Path

11

7
 Float

Float is the amount of time an activity can be

delayed without causing delay to the completion of
the project (or some intermediate project milestone,
depending on which critical path youre focusing on)

12

Float

As a concept
As a mathematical calculation
Negative float
Is float still a useful number?

13

8
 Float

Who owns the float?

14

Measurement and
Determination of Delay
Contract Provisions
Analyzing Delays
Beforehand
Afterwards

15

9
 The Contract

108.6.1 General*
If warranted, the engineer will extend the contract completion date by issuing a
"Contract Amendment" (Form E_61). The engineer will do so only if an
excusable delay extends the scheduled late finish date beyond the lattermost
contract completion date or its most recent extension. The engineer will not
consider a request to revise partial or contract completion dates without notice
as specified in subsection 104.2.7, "Contractor-Department Notification," and
without documentation from the project schedule, including updates,
supporting the need for a revision. The engineer will evaluate the information
submitted and determine the time extension due, if any.

*Excerpted from the Wyoming Department of Transportation, Section 108.6, Extension to the
Contract Completion Date

16

The Contract

108.6.1 General*
If warranted, the engineer will extend the contract completion date by issuing a
"Contract Amendment" (Form E_61). The engineer will do so only if an
excusable delay extends the scheduled late finish date beyond the lattermost
contract completion date or its most recent extension. The engineer will not
consider a request to revise partial or contract completion dates without notice
as specified in subsection 104.2.7, "Contractor-Department Notification," and
without documentation from the project schedule, including updates,
supporting the need for a revision. The engineer will evaluate the information
submitted and determine the time extension due, if any.

*Excerpted from the Wyoming Department of Transportation, Section 108.6, Extension to the
Contract Completion Date

17

10
 The Contract

108.6.1 General
The engineer will not grant a time extension based on pleas that the contract
specified insufficient time for the completion of the project.

18

The Contract

108.6.2 Excusable Delays

Excusable delays are delays that the contractor cannot reasonably foresee or
avoid and are not the contractor's fault or responsibility; they include, but are not
limited to:

1. delays due to floods, tornadoes, 5. delays from industry-wide strikes

lightning strikes, earthquakes, fires,
epidemics, or similar natural
phenomena;
2. weather delays as specified in
subsection 108.6.5, "Working Day
Extensions for Increased Quantities";
3. extraordinary, unforeseen, and
unavoidable delays in material
deliveries;
4. delays due to the acts of government
entities other than the department;
affecting the contractor's
(or subcontractors' or suppliers')
workforce that are beyond the
contractor's power to settle;
6. if time allowances are not specified, or
if specified allowances are exceeded,
delays caused by the noncompletion of
work by utilities or other third parties;
7. delays arising from a contract
amendment in accordance with
subsection 104.2, "Contract
Amendments."

19

11
 The Contract

108.6.2 Excusable Delays

Excusable delays are delays that the contractor cannot reasonably foresee or
avoid and are not the contractor's fault or responsibility; they include, but are not
limited to:

1. delays due to floods, tornadoes, 5. delays from industry-wide strikes

lightning strikes, earthquakes, fires,
epidemics, or similar natural
phenomena;
2. weather delays as specified in
subsection 108.6.5, "Working Day
Extensions for Increased Quantities";
3. extraordinary, unforeseen, and
unavoidable delays in material
deliveries;
4. delays due to the acts of government
entities other than the department;
affecting the contractor's
(or subcontractors' or suppliers')
workforce that are beyond the
contractor's power to settle;
6. if time allowances are not specified, or
if specified allowances are exceeded,
delays caused by the noncompletion of
work by utilities or other third parties;
7. delays arising from a contract
amendment in accordance with
subsection 104.2, "Contract
Amendments."

20

The Contract

108.6.3 Nonexcusable Delays

Nonexcusable delays are delays caused by the contractor or that the
contractor could reasonably have foreseen or avoided. The engineer will not
make an extension to partial or contract completion dates for nonexcusable
delays.

21

12
 The Contract

Contract Provisions may also address

compensability, identifying delays for which the
contractor is due additional compensation in
addition to a time extension.

22

Analyzing Delays: Beforehand

The components and documents required

for analysis:
The Schedule
Is it approved?
Is it contemporaneous?
Is it current?
The Change
What work activities are being added?
How long will the new work take?

23

13
 Analyzing Delays: Beforehand

Basic procedure
1. Identify new work activities added by the change.
2. Determine the schedule for this new work.
This mini-schedule is called a fragnet.
3. Identify the contemporaneous schedule.
4. Update the schedule, if necessary, to the date of
the change.
5. Insert the change order fragnet into the updated
schedule.
6. Evaluate the results.

24

The Project

25

14
 Baseline Schedule

Original Project
Completion:
July 13

26

The Change

On February 1, the owner informed the

contractor that to accommodate the spawning
season this year, the projects environmental
permit had been modified. The second
cofferdam, located in a flowing portion of the
river, could not be installed until March.

27

15
 Update for Change

FIRST, Update the

Schedule to the
date of the change:
February 1

28

Update for Change

SECOND, Identify
the Current Project
Completion Date:
July 19
29

16
 Adjust for Change

THIRD, Adjust the

schedule for the change,
Adding in an activity for the
restricted period, which could
also have used a constraint
or calendar.

30

Adjust for Change

THIRD, Adjust the

schedule for the change,
Adding in an activity for the
restricted period, which could
also have used a constraint
or calendar.

31

17
 Adjust for Change

Dont forget to run

the schedule

Note that the critical

path has changed

FOURTH, Identify
the Current Project
Completion Date:
July 22
32

Adjust for Change

FOURTH, Identify
the Current Project
Completion Date:
July 22
33

18
 Analyzing Delays: Beforehand

1. What was the completion date?

Before the change: July 19
After the change: July 22
2. The change order issued for the permit
revision should include a 3-day time
extension.
3. Alternately, the work could be accelerated to
mitigate the delay and achieve timely
completion.

34

Analyzing Delays: Afterwards

Impacted As-Planned Analysis

Collapsed As-Built Analysis
Windows Analysis
Contemporaneous Schedule Analysis
As-Built Analysis

35

19
 Analyzing Delays: Afterwards

Impacted As-Planned Analysis

After-the-fact schedule
Subjective
Static Analysis
Typically rejected by the courts,
panels, and boards

36

Analyzing Delays: Afterwards

Collapsed As-Built Analysis

After-the-fact schedule
Very subjective
Easily challenged
Very time-consuming and
expensive

37

20
 Analyzing Delays: Afterwards

Windows Analysis
Often uses contemporaneous schedules
But not always all of them
Subjective in that choice of window
affects outcome
Often fails to detect critical path
shifts shown on contemporaneous
schedules

38

Analyzing Delays: Afterwards

Contemporaneous
Uses the contemporaneous schedules
Critical path assessed every day
Subjectivity is eliminated or reduced
Requires a schedule to analyze

39

21
 Analyzing Delays: Afterwards

As-built
Works when there are no
schedules or no usable schedules
Critical Path assessed every day
Ignores plan
May not allow analyst to identify
and quantify every day of delay

40

Contemporaneous Analysis
Methodology

0 10 20 30 40 50 60

TIME
A

As-Planned Schedule

41

22
 Contemporaneous Analysis
Methodology

0 10 20 30 40 50 60

TIME

As-Built Schedule

42

Contemporaneous Analysis
Methodology

0 10 20 30 40 50 60

TIME
A
A

B
B

C
C

D
D

As-Planned vs As-Built Schedule

43

23
 Contemporaneous Analysis
Methodology

0 10 20 30 40 50 60

TIME
A 10-Day Extended Duration
A

B
B

C
C

D
D

10-Day Extended Duration of Activity A

44

Contemporaneous Analysis
Methodology

0 10 20 30 40 50 60

TIME
A
A

B
5-Day
Late Start B

C
C

D
D

5-Day Late Start of Activity B

45

24
 Contemporaneous Analysis
Methodology

0 10 20 30 40 50 60

TIME
A
A

B
B
10-Day Delay
C
C C C

D
D

10-Day Delay Due to Interruptions to Activity C

46

Contemporaneous Analysis
Methodology

0 10 20 30 40 50 60

TIME
A
A

B
B

C
C C C

D
D

No Delay to Activity D

47

25
 Contemporaneous Analysis
Methodology

0 10 20 30 40 50 60

TIME
A
A

B
B

C
C

D
25 Days
D

As-Planned vs As-Built Schedule

48

Contemporaneous Analysis
Methodology

0 10 20 30 40 50 60

TIME
A 10-Day Extended Duration
A

B
5-Day SUMMARY OF DELAYS
Late Start B
10-Day Delay ACTIVITY A 10 DAYS
C ACTIVITY B 5 DAYS
C C C ACTIVITY C 10 DAYS
ACTIVITY D 0 DAYS
D
D

Summary of Delays

49

26
 Documenting Delays

Focus on contemporaneous documentation

Schedule Reviews and Approvals
Daily Reports, Logs, & Diaries
Notice

50

Contemporaneous Documents

Often more credible

Closer to the event; less memory dependent
Fixed, story cant change
Remember to date and sign
May appear to be less biased

51

27
 Schedule Reviews and Approvals

Contemporaneous
Identifies problem areas and helps avoid
delays
Establishes an agreement as to dates and
times for both parties

52

Daily Reports, Logs, & Diaries

Often the best contemporaneous documents

Must be prepared daily
Must be detailed
Should substantiate the writers evaluation of
performance
Date and sign

53

28
 Notice

Often required
If required, provide it
Adhere to contract specification requirements
Negotiate notice requirements prior to the
start of construction
Keep it simple; develop a form letter

54

QUESTIONS Trauner Publications

& ANSWERS Just
Released!

Scott Lowe, P.E.

Trauner Consulting Services, Inc.
1617 JFK Blvd, Ste 600
Philadelphia, PA 19103
Phone: 215-814-6400
Fax: 215-814-6440
scott.lowe@traunerconsulting.com

Feel Free to Contact Me

for More Information
55

29
 This concludes The American Institute of Architects
Continuing Education Systems Program.
Feel free to approach todays speakers if you have
additional questions or would like clarification on a
topic covered in todays program.
Thank you for choosing Lorman Education Services
for your continuing education needs.

56

30
Notes