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Level: Basic
TCM Section(s):
10.1. Project Performance Assessment
10.3. Change Management
Venue: 2021 AACE International Conference & Expo
Abstract: Although the majority of construction contracts define the performance duration in calendar days, another common method for defining the period of performance is to establish a workday duration for the project. In the absence of a time extension, contractors are generally required to complete the work within the workday duration established by the contract. To address certain project delays, the owner may grant, or the contractor may request a non-workday. Furthermore, the owner and the contractor may view the granting of non-workdays as an alternative to granting time extensions. Unless otherwise specified, non-workdays are treated as excusable, non-compensable delays, wherein the owner and contractor bear their own respective costs that result from the delay. Therefore, there is no “free” workday, and the owner and contractor should closely review the accounting of non-workdays and workdays during the progression of the project. With the examination of two case studies, this paper highlights issues that should be considered by both contractor and owner before granting or accepting the designated non-workdays to avoid disputes.
Level: Basic
TCM Section(s):
10.1. Project Performance Assessment
10.3. Change Management
Venue: 2021 AACE International Conference & Expo
Abstract: Although the majority of construction contracts define the performance duration in calendar days, another common method for defining the period of performance is to establish a workday duration for the project. In the absence of a time extension, contractors are generally required to complete the work within the workday duration established by the contract. To address certain project delays, the owner may grant, or the contractor may request a non-workday. Furthermore, the owner and the contractor may view the granting of non-workdays as an alternative to granting time extensions. Unless otherwise specified, non-workdays are treated as excusable, non-compensable delays, wherein the owner and contractor bear their own respective costs that result from the delay. Therefore, there is no “free” workday, and the owner and contractor should closely review the accounting of non-workdays and workdays during the progression of the project. With the examination of two case studies, this paper highlights issues that should be considered by both contractor and owner before granting or accepting the designated non-workdays to avoid disputes.