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Construction Projects Delay Analysis / Forensic Delay Analysis

We undertake contemporaneous and forensic delay analysis to determine ‘excusable’, ‘non-excusable’, ‘compensable’ ‘non-compensable’ including identifying any ‘mitigation’ and ‘acceleration measures’ implemented in support of claims for ongoing, completed, and disputed engineering and construction projects.

Methods For Delay Analysis

The purpose of a delay analysis is to determine why delays occur on a construction project and what impact they will have on the overall project. In a contract management system, different sorts of delay analysis methodologies are used. Delay analysis techniques can be broadly divided into two categories, namely

1. Schedule Based Analysis
2. Non-schedule Based Analysis

Schedule Based Analysis

Schedule delay analysis events using scheduling methods to identify the cause and extent of delays and to resolve construction delay claims through negotiations or legal proceedings. The following are some of the most common methodologies used in the schedule-based analysis

Prospective TIA (Time Impact Analysis)
The technique forecasts the delay caused by an event or a change in the future before the affected or changed work is performed. The client and contractor will agree to an estimated value of work, prior to the work being performed. This technique has nearly universal industry approval as the best way to forecast the delay.
Retrospective TIA
As the name suggests, this retrospective analysis is the one, prepared after the delaying event(s) or change work has been performed. After the affected or revised work is completed, the approach detects the delays that have happened in the past. After the work is completed, the contractor will establish the actual cost of the job plus a markup for submission to the client for approval. Regrettably, there is no consensus or adoption of this technique as the best tool to determine the delay. There are other numerous approaches for the retrospective TIA delay analysis, which are listed below:
Planned vs As-Built Analysis
The analyst needs this method to determine the reasons for the project’s late completion by comparing the As-Planned (Baseline) Schedule to the As-Built Performance. This analysis is normally done at the WBS (Work Breakdown Structure) level of the Project Schedule.
Impacted As Planned Analysis
In this technique, a frag-net for each delay event is created and entered into the baseline schedule, named as “Impacted As-Planned Schedule”, after which the schedule is re-run. Its project completion date will be compared against the As-Planned Schedule’s project completion date (Baseline). The delay measured as a result of delay frag-nets incorporated into the schedule is the difference in project finish dates. This approach is followed by most construction businesses since it exaggerates the delay and can be used to justify a time extension to the client. The delay mitigation plan is not part of this technique.
Collapsed As-Built Analysis
It’s just the opposite of Impacted As-Planned Analysis. The As-Built Schedule will be prepared as fully as feasible using this process, which is based on the current project documents. The analyst then subtracts activities or shortens the duration of delayed work items that have impacted the project, as evaluated by the analyst. The difference in days between the as-built and collapsed as-built end dates is due to a delay caused by certain tasks that were eliminated. This is a highly subjective analysis that is prone to inaccuracy and manipulation.
But for Analysis
When there is no contemporaneous schedule to support the contractor’s delay argument, they may employ a “But for” analysis. The contractor may argue that if the Owner’s delays were not factored into the initial project timeline, he could have completed the job considerably sooner. The gap between the actual completion date and the “but for” timetable is then used to calculate the amount of time the Client has caused delays.
Windows Analysis
In this technique, the analyst examines delays during the project in discrete time intervals or “windows.” Analysts usually base the window on the time period in which a specific controlling operation is crucial. When the controlling activity becomes crucial for the first time, the window will begin. Likewise, the window must close when the controlling activity is completed or no longer critical.

Non-Schedule Based Analysis

Under the ambit of the non-scheduled based delay analysis, there are two approaches presently available viz.

i) Analysis based on Dollar,

ii) S-Curves. Non-Schedule Based Analysis is not recommended in the construction sector due to its arbitrary and unreliable analysis process.

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