Level:
TCM Section(s):
Venue: 2023 AACE International Conference & Expo
Abstract: Forensic schedule analysis is a key factor in the preparation and evaluation of any construction dispute involving delay, disruption and extensions of time. Although several industry standards have been developed to improve the practice of forensic schedule analysis, little effort, if any, has been made to address the pitfalls of delay analysis methods, as highlighted in court proceedings. This paper focuses on arguably one of the most popular methods, i.e., the “windows analysis” which is compatible with time slice windows analysis in the Society of Construction Law’s Delay and Disruption Protocol (“SCL Protocol”) and AACE International’s Recommended Practice 29R-03, MIP 3.3 and 3.4, and highlights common pitfalls observed in courts.Such pitfalls include the impact of critical path fluctuation, window size selection, and apportionment of concurrent delays, which might also be sequential, pacing, or offsetting delays. Each pitfall is examined in light of the court ruling cited and an illustrated case study. In conclusion, the authors’ recommendations are provided with the aim of bridging the gap between the practice of forensic planners and court decisions.
TCM Section(s):
Venue: 2023 AACE International Conference & Expo
Abstract: Forensic schedule analysis is a key factor in the preparation and evaluation of any construction dispute involving delay, disruption and extensions of time. Although several industry standards have been developed to improve the practice of forensic schedule analysis, little effort, if any, has been made to address the pitfalls of delay analysis methods, as highlighted in court proceedings. This paper focuses on arguably one of the most popular methods, i.e., the “windows analysis” which is compatible with time slice windows analysis in the Society of Construction Law’s Delay and Disruption Protocol (“SCL Protocol”) and AACE International’s Recommended Practice 29R-03, MIP 3.3 and 3.4, and highlights common pitfalls observed in courts.Such pitfalls include the impact of critical path fluctuation, window size selection, and apportionment of concurrent delays, which might also be sequential, pacing, or offsetting delays. Each pitfall is examined in light of the court ruling cited and an illustrated case study. In conclusion, the authors’ recommendations are provided with the aim of bridging the gap between the practice of forensic planners and court decisions.