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NEW: Contact Us to Claim Your Free Entitlement Assessment for Time Extension Now.
Unprecedented Construction Market Condition
In addition to regular project specific Delay Events, during these unprecedented times, majority of construction projects have been directly and/or indirectly affected by the world-wide COVID-19 measures. This can be slower progress due to working from home, difficult coordination in absence of in person meetings, social distancing between workers, borders closure, logistics interruptions, slower material manufacturing, unavailability of resources, …etc.
While the impact is tangible and felt by everyone, it might still be difficult to demonstrate it for compensation in accordance with the project agreement, which might affect your entitlements and operations.
Delay Analysis
Delay Analysis comprises the ability to professionally demonstrate how specific event(s) affect(ed) the ability to progress some or all parts of the project scope of work, and depending on the criticality of the affected part(s) of the scope; determine the impact on the overall project completion date and/or interim milestones of the project.
Delay analysis will be used to Claim for Extension of Time (EoT), Defend an EoT Claim, or to Calculate Concurrent Delays.
Free Entitlement Assessment
Now, and for a limited period of time, you can request a free assessment of your entitlements. This generally relies on information you provide from the Project Contract/Agreement as well as a summary Chronological Order of Events Leading to the delay. Upon reviewing such information, we will provide you with a summary basis of potential Extension of Time claims, and what documentation will be required to prepare it; as well as summarized possible alternative scenarios that might be available based on the information you provided.
All information provided will remain confidential, subject to our confidentiality policy.
Contact Us Now to Request a Free Entitlement Assessment.
Professional Entitlement Assessment and Case Building
Once concluded the Free Entitlement Assessment step, or skipping it upon your request, we initiate our formal detailed review of your case. We will require a copy of all relevant documentation and references, including time schedule information, to undergo a thorough review by our team members for detailed entitlement assessment as well as building the potential case(s) for Extension of Time Claim and Prolongation Cost Claim, if any. During this step, we might require you to provide further information in order to capture all potential grounds for your entitlements and possibly introduce additional potential claims scenarios, if any. We will provide you with a detailed report including, but not limited to, the next steps in preparing your potential Extension of Time and/or Cost Claim, Risk Assessment of the strengths/weaknesses of your potential claim, potential suggestions to strengthen the grounds of your claim, estimated maximum and reasonable approvals to expect, suggested mitigation measures (Obligatory Requirement for most Projects Contracts / Agreements).
Time Schedule Quality Examination and/or Improvement (If Deemed Necessary)
Examination
In order to ensure producing quality delay analysis, we start with the examination of the time schedule of the project for completeness and correctness of its entire logic network. Since the delay analysis accuracy and the strength of EoT claims are greatly affected by the quality of the time schedule used to perform the delay analysis, if deemed necessary, we will provide you with our suggested detailed list of modifications that will potentially strengthen your claim and provide more reliable accurate delay analysis results.
Improvement
This step applies only in case the deemed necessary time schedule modifications are mutually agreed and approved by our Client. Upon approving our provided feedback with what is necessary to be modified, together with the explanation, we will implement these modifications and prepare a contractual document that explains and justifies what was modified and why. This can also include phasing logic ties, in order to maintain the number of project resources same as the approved time schedule.
Rare Exclusions
For some cases, a fully detailed Time Schedule might not be required for delay analysis. For such cases, simplified logic network diagrams may be used for the demonstration of time impact, with a substantiated backup explaining the impact and how it occurred. Examples are projects that did not have to develop and maintain a time schedule as a part of the project scope, or delay events that obviously affect the entire project progress with a clear visibility of the time impact that cannot be challenged (like delaying providing the entire design to the contractor).
Selection of Delay Analysis Method
Depending on the project specific situation and its relevant contract requirements, if any, we will recommend the use of one of the following most recognized delay analysis methods:
Impacted as Planned
Pros: Fast and costs less time and effort, good for initiation of preliminary claims; Cons: Not accurate enough hence generally not suitable for arbitration or litigation, and it does not reflect the changes to time schedule over the time, which is a dynamic document evolving with the project progress)
Collapsed As-Built
Pros: Reflects the latest time schedule sequencing including changes as project progresses, does not require official history of project time schedules, and is suitable for projects with minimal scope of work; Cons: Requires more time and effort to accurately obtain and reflect the information of the project time schedule changes over the time, rendering it impractical to do unless the scope of work is very limited)
Time Impact Analysis [Recommended]
Pros: Most recognized delay analysis method, suitable for all sizes of projects, generally acceptable for arbitration and litigation, and it provides enough accuracy level of the results; Cons: Requires an existing version of approved time schedule, and it consumes relatively more time and effort than Impacted as Planned)
Window Analysis
Pros: Most accurate delay analysis method that provides distinguished and detailed results and accountability allocation of all segments of the delay; Cons: Requires much more time and effort than all other delay analysis methods and its output report is generally longer to read)
Delay Analysis
Upon mutually deciding on the delay analysis method and building the case for the Extension of Time Claim, we will be working on preparing the impacted time schedule and the delay analysis to provide a conclusion of the time impact resulting from the event(s) leading to the claim.
This report will include, if applicable, the narrative explanation of the claim, justification of the claim, substantiations, what-if scenarios in case the specific event(s) did not exist, mitigation measures taken, recovery plan, …etc.
Mitigation and Recovery Schedules
It is generally the responsibility of the claimant to mitigate the impact to the reasonable extent possible. This can include producing a recovery plan, applying mitigation measures to minimize the impact, developing alternative method statements to execute the work, …etc.
However, while this is an obligation for most of the cases, the responsibility is limited to the extent that does not harm the party applying for the claim and to be within the baseline and contract requirements limits.
Concurrent Delays
Throughout the above process, and upon your request, we might highlight the existence of some concurrent delays on the project. This is mostly affects the entitlement for monetary compensation only and not the extension of time itself. For most cases, it is the responsibility of the claimant to provide the assessment of concurrent delays, and in case there will be any, while the Project Client will still grant an extension of time for the project, the Project Client will not pay for the cost of the prolonged project duration in exchange for waiving the delay penalties and/or liquidated damages caused by the claimant delays.
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