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(CDR-3250) Practical and Legal Challenges to the Implementation of the Time Impact Analysis Method

Level: Advanced
Venue: 2019 AACE International Conference & Expo, June 16-19, 2019, New Orleans, LA, USA

Abstract: Delay analysis techniques have been a frequent topic of discussion in construction law literature. Delay analysis guidelines, such as The Society of Construction Law Delay and Disruption Protocol, and forensic schedule analysis guidelines, such as AACE International’s Recommended Practice 29R-03 Forensic Schedule Analysis (“RP 29R-03”), were developed to provide practitioners useful tools for implementation. RP 29R-03 is comprised of numerous method implementation protocols (MIPs), among which is MIP 3.7, commonly known as the Time Impact Analysis (TIA). While MIP 3.7 addresses the retrospective application of a TIA method, Recommended Practice 52R-06 (“RP 52R-06”) addresses the prospective application of the method. The TIA method has been used extensively in the United States and worldwide and can arguably be considered one of the most popular and renowned implemented delay analysis methods. Despite its prevalent use, the TIA method, whether used retrospectively or prospectively, contains numerous technical and legal pitfalls that pose challenges to its users. This paper sheds light on these practical and legal challenges and concludes with recommendations in an attempt to overcome, or at least mitigate, these technical and legal challenges. A case study is presented to illustrate the practical and legal challenges highlighted in this paper.