THE JOURNAL OF AACE® INTERNATIONAL THE AUTHORITY FOR TOTAL COST MANAGEMENT COST TM November/December 2013 ENGINEERING www.aacei.org FORENSIC SCHEDULE ANALYSIS — CHAPTER 2: DELAY ANALYSIS ON NON CPM SCHEDULED PROJECTS FORENSIC SCHEDULE ANALYSIS: EXAMPLE IMPLEMENTATION, PART 3 RECOMMENDED CONTRACTUAL METHODS FOR RESOLVING DELAY EVENTS PROSPECTIVELY OR RETROSPECTIVELY CONTENTS COST ENGINEERING TECHNICAL ARTICLES 4 Forensic Schedule Analysis— Chapter 2: Delay Analysis On Non CPM Scheduled Projects James G. Zack Jr., CFCC FAACE and Steven A. Collins 17 Forensic Schedule Analysis: Example Implementation, Part 3 Mark C. Sanders. PE CCP CFCC PSP 29 Recommended Contractual Methods For Resolving Delay Events Prospectively or Retrospectively Patrick M. Kelley, PSP ALSO FEATURED 2 2 27 39 AACE International Board of Directors Cost Engineering Journal Information The 2014 ITCM Conference The 2014 Annual Meeting 40 40 42 44 Professional Services Directory Index to Advertisers The AACE International Online Store Calendar of Events COST ENGINEERING NOVEMBER/DECEMBER 2013 1 AACE INTERNATIONAL BOARD OF DIRECTORS PRESIDENT John J. Ciccarelli, PE CCP PSP 609.497.2285 / president@aacei.org CONTENTS COST ENGINEERING Established 1958 Vol. 55, No.6/November/December 2013 PRESIDENT-ELECT Managing Editor Martin Darley, CCP FRICS 713.372.2426 / preselect@aacei.org Art Director PAST PRESIDENT Marlene Hyde, CCP EVP 303.940.3200 / pastpres@aacei.org Advertising Sales VICE PRESIDENT-ADMINISTRATION Nicholas Kellar, CCP EVP PSP vpadmin@aacei.org VICE PRESIDENT-REGIONS Julie Owen, CCP PSP 213.922.7313 / vpregions@aacei.org DIRECTOR-REGION 1 Matthew Nicholas, PSP 416.498.1303 / dirregion1@aacei.org DIRECTOR-REGION 2 Maria Cristina Baltazar, PSP 410.276.0076 / dirregion2@aacei.org DIRECTOR-REGION 3 Mark G. Cundiff, PSP 770.922.3210 / dirregion3@aacei.org DIRECTOR-REGION 4 Jaqueline T. Doyle, PE PSP dirregion4@aacei.org DIRECTOR-REGION 5 David A. Norfleet, CCP CFCC dirregion5@aacei.org DIRECTOR-REGION 6 John L. 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Columns, features, and articles not designated as Technical Articles are not subject to the peer-review process. COST ENGINEERING NOVEMBER/DECEMBER 2013 TECHNICAL ARTICLE Forensic Schedule Analysis — Chapter 2: Delay Analysis On Non CPM Scheduled Projects James G. Zack Jr., CFCC FAACE and Steven A. Collins Abstract: AACE International Recommended Practice 29R-03 – Forensic Schedule Analysis, provides detailed insight in how CPM based schedule delay analysis should be performed. This RP provides thorough and detailed protocols for each of the nine methodologies identified. However, industry surveys from around the globe indicate that a substantial percentage of construction projects do not employ critical path method scheduling techniques. Other industry studies indicate that a large percentage of projects complete later than planned. Therefore, it can only be concluded that there are a large number of delays and delay claims on projects that do not use CPM schedules. RP 29R-03 offers no guidance concerning the performance of schedule delay analysis if there are no CPM schedules on the project. This article presents recommendations on how schedule delay analysis can be performed on projects using nine different non-CPM scheduling techniques. The article also discusses the five types of constraints present on most, if not all, construction projects and how these constraints must be used in non-CPM schedule delay analysis. The goal of this article is to initiate Chapter 2 of RP 29R03 – Forensic Schedule Analysis on Projects with No CPM Schedules. This article was first presented as CDR.815 at the 2012 AACE Annual Meeting in San Antonio. Key Words: Bar charts, constraints, CPM, critical chain, milestones, and schedules A ACE International Recommended Practice 29R-03 was issued initially on June 25, 2007. It has been twice revised, the first time on June 23, 2009, and more recently on April 25, 2011. The purpose of this RP, however, has never changed. The stated purpose is set forth in Section 1.1 as follows: “The purpose of AACE International’s Recommended Practice 29R-03, Forensic Schedule Analysis, is to provide a unifying reference of basic technical principles and guidelines for the application of critical 4 Author’s Note: The opinions and information provided herein are provided with the understanding that the opinions and information are general in nature, do not relate to any specific project or matter, and do not necessarily reflect the official policy or position of Navigant Consulting, Inc. Because each project and matter is unique and professionals can differ in their opinions, the information presented herein should not be construed as being relevant or true for any individual project or matter. Navigant Consulting, Inc. makes no representations or warranties, expressed or implied, and is not responsible for the reader’s use of, or reliance upon, this article, nor any decisions made based on this article. path method (“CPM”) scheduling in Building (“CIOB”) in their survey of the UK construction industry found that only forensic schedule analysis.” 14% of the respondents had experience The RP provides detailed insight into with fully linked critical path networks on the performance of schedule delay their projects. Another 8% of the analysis and thorough protocols for respondents had experience with, “…a forensic scheduling using CPM schedules. partially linked network … to show some However, the current RP 29R-03 does not of the priorities and sequence of tasks, contain any discussion concerning but without the benefit of a dynamic schedule delay analysis on those projects network.” The remaining 78% of the survey respondents used bar charts executed without CPM schedules. Industry surveys indicate that a (54%); time chainage diagrams (1%); line substantial percentage of projects of balance diagrams (1%); flow charts executed globally do not use CPM (3%); meeting minutes (11%); and scheduling. The Chartered Institute of correspondence (8%) to manage time on COST ENGINEERING NOVEMBER/DECEMBER 2013 their projects. The CIOB report also noted that a similar survey in Australia found that in over 1,000 construction schedules examined, less than 10% had fully developed schedule logic [16]. In a similar wide ranging survey of the construction industry, and how it views CPM scheduling, it was determined only 47.6% of the owners responding to the survey indicated that CPM scheduling was always required on their projects. Contractors participating in this survey reported that when CPM scheduling is not required in their contracts, approximately 33% do not use the CPM scheduling methodology [11]. In a construction industry survey released in December 2011, 84% of the respondents reported that they had experienced delayed completion on their projects. The average delay was 17% over the planned or contracted time of completion. Further, 76% of the respondents had experienced disputes and claims on their projects [17]. Thus, it can be concluded that there are a large number of delays on projects that were completed without CPM schedules. It can be further concluded that there are a large number of requests for time extension and/or delay claims on projects executed without CPM schedules. Forensic schedule analysis is a retrospective—backward looking— schedule analysis. That is, an event occurred that delayed the project. Under most contracts, the affected party (typically the contractor) is required to provide written notice of potential delay to the other party (typically the owner). Once the delay event is completed the contractor is required under the contract to submit a time extension request (either excusable or compensable) and document liability, causation and damages related to the delay. This article deals exclusively with the delay aspect of the construction claims equation; that is, how to prove the extent of the delay arising from an event. Since forensic scheduling is retrospective, forensic schedulers typically are not retained until the delaying event or even the entire project is complete. Once on board, if the forensic scheduler finds that the project was executed without any CPM scheduling, then RP 29R-03 offers no guidance concerning non-CPM delay analysis. This article outlines some procedures for performing schedule delay analysis in the absence of CPM schedules. It presents an outline of how to perform schedule delay analysis in the following situations - no schedules, or only non-CPM-based schedule information is available. • • • • • • • • • No project schedules; Bar chart/Gantt chart schedules; Milestone schedules; S curves; Linear schedules; Critical chain schedules; Line of balance schedules; Pull planning or location based schedules; and, Rolling wave scheduling. Forensic schedulers are typically required to deal with schedules that exist on projects. If a forensic scheduler is retained to perform a forensic schedule analysis on a project that had no CPM schedules, the scheduler must deal with this fact and derive a method for analyzing delays on the project. The problem facing the forensic scheduler in this situation is that non-CPM schedules generally have no logic ties between activities. Thus, on a bar chart, for example, if activity A is delayed in its start or completion this does not necessarily mean that activity B is subsequently delayed or even impacted. The forensic scheduler must find a way to create logic relationships between activities in order to demonstrate the following. • • That these relationships actually existed on the project even though they were not shown on a schedule. And, That a delay to a specific activity or set of activities actually resulted in an impact to the end date of the project. A Theory of Constraints Applied to NonCPM Schedule Delay Analysis Every project is faced with constraints. These are factors, either internal or external, which affect when various activities on the project can be scheduled. AACE International defines the term “constraint” as follows. “Constraint—In planning and scheduling, any external factor that affects when an activity can be scheduled. A restriction imposed on the start, finish or duration of an activity. The external factor may be resources, such as labor, cost or equipment, or, it can be a physical event that must be completed prior to the activity being restrained. Constraints are used to reflect project requirements more accurately. Examples of date constraints are: start-no-earlier-than, finish-nolater-than, mandatory start, and as-lateas-possible [2].” There are five types of constraints that may affect a project schedule. They are presented in the order the authors believe they should be applied to forensic scheduling, —that is from hard or mandatory logic to soft logic. The application of these constraints in the order presented is critical as they move from a “should comply” status to a “may be able to change” status, as the forensic scheduler applies them to a schedule. The five types of constraints a forensic scheduler should consider and the order in which they must be applied, when analyzing schedule delay in a nonCPM scheduling environment are the following: 1. Physical Constraints (Also known as Hard Logic)—These constraints have absolute priority over all other constraints—simply because, as chief engineering officer, Montgomery Scott, frequently stated to Captain Kirk, no one can “…change the laws of physics.” Physical constraints or hard logic exist on every project. Logical relationships, such as one must construct the foundation before erecting the walls which must be completed prior to constructing the roof, are examples of physical constraints. Site access may be another example of a physical constraint. If the project is being constructed on a site with only a single access road then this may COST ENGINEERING NOVEMBER/DECEMBER 2013 5 mandate the manner in which the project is constructed. 2. 3. 4. 6 External Constraints—External constraints are those constraints imposed on the project by an outside party over which neither the owner nor the contractor can exert any control. Examples of external constraints may be environmental permit restrictions requiring that the work of the project may not continue past May 1, nor commence again until after Sept. 15, in order to protect the environment on or near the project site. Noise ordinances may restrict working hours on the projects to 7 a.m. to 5 p.m., Monday through Friday, with no weekend work allowed. Contract Constraints—Contract constraints are those constraints imposed by the terms and conditions of the contract. Owners have the ability to impose numerous constraints by including them in their contracts. Contractors, once they have executed the contract, have little ability to change such constraints. A prison authority may require that, “All work on Building 1 shall be completed within 270-days after issuance of notice to proceed (“NTP”). All work on Building 2 shall be completed within 360-days after issuance of NTP…” and so on and so forth. A municipality may require, by contract that, “All work on the contract shall cease, all open trenches shall be covered entirely and all roads shall be fully opened to traffic during the period between May 15 and Sept. 15,” in order to provide vacationers access to the area during the summer season. Such contractual requirements force the contractor to proceed in a certain manner or risk being default terminated for a material breach of contract. constraints include a shortage of skilled labor in the project area; a shortage of critical materials; delivery delays for critical equipment if the project is in a remote location; and long lead items necessary to complete the work. If the contractor owns only one 100-ton crane and did not include the rental cost of a second 100-ton crane in their bid, this is an internal resource constraint. If the contractor owns two paving machines, but one is tied up on another project, which is taking longer than planned, this too may cause an internal resource constraint which impacts the project. 5. Preferential Logic Constraints— Preferential logic is defined as the “contractor’s approach to sequencing work over and above those sequences indicated in or required by contract documents. Examples include equipment restraints, crew movements, form reuse, special logic (lead/lag) restraints, etc., factored into the progress schedule instead disclosing the associated float times [7].” This is frequently referred to as “soft logic,” since it is not imposed by physical or contractual constraints. Whether this logic is used to sequester float or is simply the contractor’s plan for prosecuting the work, to the forensic scheduler this is a constraint nevertheless. Once the contractor plans their means and methods (preferential logic), they typically commence work following this plan. The plan itself is, therefore, a constraint albeit a self-imposed one. The forensic scheduler performing schedule delay analysis must treat preferential logic as a constraint on schedule activities, at least at the outset of a project, simply because the initial project planning mandated the logic of the activities in the field. Resource Constraints—Resource constraints may be caused by internal and/or external situations. Some examples of external resource COST ENGINEERING NOVEMBER/DECEMBER 2013 Forensic Scheduling in Non-CPM Schedule Delay Analysis This article outlines a methodology for forensic schedule analysis of delays on a non-CPM scheduled project and discusses some of the documentation that a forensic scheduler should review in order to document that the schedule used for delay analysis is reasonable, reliable and accurately represents the schedule the contractor followed during prosecution of the work. It is critical that the forensic scheduler document a baseline schedule to demonstrate that the contractor had a reasonable and achievable plan to construct the project at the outset. Since US courts recognize that project schedules are dynamic in nature, then reasonably accurate schedule updates are also required in order to properly analyze project delays in litigation [12]. It is acknowledged that all of the cited cases dealt with schedule delay analysis performed on CPM schedules, but the thinking underlying these decisions makes it likely that courts and arbitration panels would apply the same rules in non-CPM delay situations. Delay Analysis – No Project Schedules Perhaps the toughest challenge a forensic scheduler faces is to prepare and present a schedule delay analysis on a project that had no schedules. Since there are no schedules on the project, a baseline schedule and a series of schedule updates must be constructed in order to demonstrate schedule delay. Methodology—It is recommended that the forensic scheduler employ the following methodology. Baseline Schedule— 1. 2. 3. Review all contract documents and drawings to determine the scope of work, the conditions of the contract and determine what physical, external and contractual constraints were applicable to the work. Determine how these constraints affected the plan for the work. Review the contractor’s bid to ascertain the activities or portions of the work bid and the cost and 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. a. resources calculated for each activity or portion of the work. Determine whether the bid included the full scope of work and if not, what portion(s) of the scope of work were left out. Make a judgment on whether there were sufficient resources to accomplish the full scope of work within the contractual time of performance. Interview the estimator(s) who prepared the bid, the project manager, superintendent and trade foremen (the project team) to document the initial “plan” for the work. Determine whether the plan was successful at least at the outset and how long the contractor was able to follow this plan. If the plan was not successful initially, determine from interviews why not and prepare appropriate documentation. Review daily, weekly, and monthly, reports from 1 to 3 months after NTP to determine if there were any changes or delays to the work during this initial period. If there were none, and relying on the assumption that the initial period of the work most likely followed the initial plan, examine project documents to determine what events occurred and the duration of each event. Establish a list of activities and a work breakdown structure (“WBS”) coding structure. Construct the baseline schedule based upon the information gathered in the previous steps. Apply the following constraints, in order, as and if applicable— Physical Constraints—First, determine what physical constraints impacted the work by determining what activities physically had to be complete prior to other activities starting; what activities had to be partially completed before follow on activities can start; and what percentage they had to be complete; etc. Once physical constraints are identified and calculated, adjust the draft schedule to reflect these constraints. b. External Constraints—Second, determine what external constraints impacted the plan such as local permitting requirements, environmental restrictions, noise ordinances, etc. These constraints come second in the order of application as they are typically imposed by governmental entities over which neither the owner nor the contractor has any control. Input these constraints into the draft schedule and make appropriate adjustments as needed. c. Contract Constraints—Third, determine from the terms and conditions of the contract what constraints were imposed by the owner. Since the forensic scheduler is performing a retrospective schedule analysis, unless it can be determined from project documentation that the owner specifically waived one or more of the contract constraints, apply these constraints to the draft schedule and make appropriate changes as necessary. d. Resource Constraints—Fourth, determine from analysis of the contractor’s bid and interviews with the project team what resource constraints actually occurred during the performance of the work. Was there a shortage of skilled craft labor; a shortage of critical materials; a shortage of cranes or earthmoving equipment, etc., and if so, how did these resource constraints actually impact the work? Apply these constraints to the draft schedule as appropriate. e. Preferential Logic—Finally, determine from interviews and project documentation what preferential logic was applied to the schedule at the outset of the work and apply this constraint to the baseline schedule. And, 14. Test the baseline schedule against the information gathered earlier and have the project team validate or correct the baseline schedule. Schedule Updates— 1. 2. 3. 4. 5. 6. Review available project documentation including meeting minutes; project status reports; project photographs; correspondence; change orders; requests for information (“RFI”), etc. to determine how the project actually progressed on a period by period basis. Interview the project team to determine what happened on the project; when it happened; who caused the event or issue; and the impact. Determine what changes were made to the plan; when they were made; who caused the changes; and the impact of these changes. Prepare periodic schedule updates based upon the information gathered above. Have key project personnel review the schedule updates to validate them. Develop and maintain records to document each of the tasks performed above. Schedule Delay Analysis— 1. 2. 3. Apply method implementation protocol (“MIP”) 3.5 – observational / dynamic / modified or recreated to document what events or activities drove the project delay. From the project documentation determine whether the contractor provided actual or constructive notice of any or all of these delays. Determine the amount of delay caused by those events or actions/inactions of the owner, their representatives or events for which the owner assumed liability. Delay Analysis—Bar Chart/Gantt Chart Schedules A bar chart is defined as a, “graphic representation of a project that includes all activities that make up the project, placed on a time scale. Bar charts are time scaled, show activity numbers, description, duration, start and finish dates, and an overall sequencing of the flow of work. Bar charts do not generally include the logic ties between activities COST ENGINEERING NOVEMBER/DECEMBER 2013 7 [1].” Bar charts are sometimes referred to as Gantt charts which is defined as, “A time-scaled bar chart named after Henry L. Gantt,” the early 20th century mechanical engineer who created this scheduling methodology [4]. In this situation, the forensic scheduler has a schedule to work with. The bar chart should show all major activities required to complete the work; provide activity descriptions; set forth start and finish dates for all activities; and may provide activity numbers. If activity numbers are not provided the forensic scheduler needs to create a numbering system in order to track activities during the delay analysis. Generally, a bar chart is time scaled and shows the flow of work from upper left to lower right on the schedule. The problem with bar charts with respect to schedule delay analysis is that a delay to Activity 100 does not mean that any following activities were delayed or even impacted. The challenge for the forensic schedule in this situation is to construct appropriate logic ties between activities. Many activities on bar charts are not planned in a finish to start relationships. Therefore, the forensic scheduler has to construct logic ties with leads and lags based on the constraints applicable to the project. Additionally, the forensic scheduler must create well documented schedule updates for the duration of the work. Methodology—It is recommended that the forensic scheduler employ the following methodology. 5. 6. 7. 8. 9. 10. 11. Baseline Schedule— 1. 2. 3. 4. 8 Assuming the baseline bar chart provided was not rejected by the owner, then this initial submittal is the best starting point for forensic scheduling. Review all contract documents and drawings to determine the scope of work, the conditions of the contract and what physical, external and contractual constraints impacted the work. Determine how these constraints affected the work. Review the contractor’s bid to ascertain the activities or portions 12. 13. 14. of the work bid and the cost and resources calculated for each activity. Determine whether the bid included the full scope of work and if not, what portion(s) of the scope of work were left out. Make a judgment on whether there were sufficient resources planned to accomplish the full scope of work within the contractual time of performance. Interview the project team to gain their understanding of the baseline schedule and determine whether and how long the contractor was able to follow the plan set forth in the bar chart. Determine from these interviews the leads and lags that had to physically occur in the field in order to efficiently prosecute the work. For example, how much framing on each floor had to be in place before the rough in mechanical, electrical and plumbing (“MEP”) could start; how much of the MEP on each floor had to be in place before the sheetrocking on the floor could start; and so on and so forth. If the bar chart plan was not initially successful, determine from these interviews why not. Construct the revised baseline schedule by inserting the required logic leads and lags in order to create a network based upon the information gathered. Apply the following constraints as discussed above, in order, as and if applicable – a. physical constraints; b. external constraints; c. contract constraints; d. resource constraints; and, e. preferential logic Revise the baseline schedule appropriately to account for the applicable constraints. Test the revised baseline schedule against the information gathered earlier and have the project team validate or correct the baseline schedule as needed. And, Determine the delay, if any, caused by events that necessitated revision of the baseline schedule. COST ENGINEERING NOVEMBER/DECEMBER 2013 Schedule Updates— 1. 2. 3. 4. 5. Review available project documentation to determine how the project actually progressed on a period by period basis. Interview the project team and document what happened on the project; when it happened; who caused the event or issue; and the resulting impact. Determine what changes were made to the schedule; when they were made; who caused the changes; and what the impact of the changes. Prepare periodic schedule updates based upon the information gathered above. And, Have key project personnel review the schedule updates to validate them. Schedule Delay Analysis— 1. 2. 4. Apply MIP 3.5—observational / dynamic / modified or recreated to document what events or activities drove the project delay. From the project documentation determine whether the contractor provided actual or constructive notice of any or all of these delays. And, Determine the amount of delay caused by those events or actions/inactions of the owner, their representatives or events for which the owner was contractually liable. Delay Analysis – Milestone Schedules A milestone schedule is defined as, “a schedule comprised of key events or milestones selected as a result of coordination between the client’s and the contractor’s project management. These events are generally critical accomplishments planned at time intervals throughout the project and used as a basis to monitor overall project performance. The format may be either a network or bar chart and may contain minimal detail at a highly summarized level [6].” The forensic scheduler in this situation has an agreed upon baseline schedule and most likely has some schedule updates to work with. If the project’s milestone schedule is in the form of a network or logic diagram, forensic scheduling should be performed in accordance with RP29R03. If the milestone schedule is in the form of a bar chart, then forensic scheduling should be performed in accordance with the previous discussion. (See “Delay Analysis – Bar Chart/Gantt Chart Schedules” above.) There is a third form of milestone schedules not mentioned in the AACE definition cited above. This third form is a list of milestone events showing the milestones on the vertical axis on the left side of the schedule. The completion dates on for each milestone are simply shown as asterisks to the right of each milestone description (example: * M/S 16 – May 11, 2012) . The problem with this type of milestone schedule is that it does not show logical relationships between milestones nor does it show the planned start dates and durations of each of the activities required to complete each milestone. The challenge for the forensic scheduler is to flesh out the asplanned milestone schedule by calculating and documenting the planned starting dates and durations of each set of activities leading to each milestone date and then determining logic ties and leads and lags between sets of activities. Subsequently, the forensic scheduler must revise the periodic schedule updates performed on the work to take into account the logic created for the baseline schedule. Methodology—It is recommended that the forensic scheduler employ the following methodology. 4. 5. 6. 7. 8. 9. 10. 11. Baseline Schedule— 1. 2. 3. Assuming the baseline milestone schedule was agreed to this should be the starting point for forensic scheduling. Review all contract documents and drawings to determine the scope of work, the conditions of the contract and what physical, external and contractual constraints were applicable to the work. Determine how these constraints affected the work. 12. 13. Review the contractor’s bid to ascertain the activities or portions of the work bid and the cost and resources calculated for each activity or portion of the work leading to each milestone. Determine whether the bid included the full scope of work or what portion(s) of the scope of work were left out, if any. Make a judgment on whether there were sufficient resources planned to accomplish the full scope of work for each milestone by the milestone date. Interview the project team to gain their understanding of the baseline schedule and determine whether and how long the contractor was able to follow the plan set forth in the baseline. Determine from these interviews the activity relationships and leads and lags that had to physically occur in the field in order to efficiently prosecute the work. For example, how long did each deck have to be cured before the shoring and forming could be jumped to the next elevation. If the milestone schedule missed all or most of the initial as-planned dates, determine from these interviews why this occurred. Construct the revised baseline milestone schedule by inserting the required relationships and leads and lags in order to create a logic network. Apply the following constraints as set forth earlier, in order, as and if applicable— a. physical constraints; b. external constraints; c. contract constraints; d. resource constraints; and, e. preferential logic Revise the baseline milestone schedule appropriately to account for applicable constraints. Test the revised baseline milestone schedule against the information gathered earlier and have the project team validate or correct the revised baseline schedule. Schedule Updates— 1. 2. 3. 4. 5. Review available project documentation to determine how the planned milestone dates were actually accomplished on a period by period basis. Interview the project team and document what happened on the project; when it happened; who caused the event and the resulting impact. Determine what changes were made to the schedule; when they were made; who caused the changes; and the impact of the changes to the plan. Prepare periodic schedule updates based upon the information gathered above. And, Have key project personnel review the schedule updates to validate them. Schedule Delay Analysis— 1. 2. 3. Apply MIP 3.5 – observational / dynamic / modified or recreated to document what events or activities drove the project delay. From the project documentation determine whether the contractor provided actual or constructive notice of any or all of these delays. And, Determine the amount of delay caused by those events or actions/inactions of the owner, their representatives or events for which the owner was liable under the contract. Delay Analysis—S-Curves An S-curve “is a graphic display of cumulative costs, labor hours, progress or other quantities plotted against time [9].” S-curves are also known as cumulative distribution charts, velocity diagrams and S-plots. According to AACE Recommended Practice 55R-09. “Prior to developing an S-curve, a project baseline schedule needs to be developed. The baseline schedule should employ best scheduling practices … The baseline schedule should also contain cost and/or quantity data information if that type of S-curve is desired. The S-curve produced from the COST ENGINEERING NOVEMBER/DECEMBER 2013 9 baseline early dates is often referred to as the ‘target S-curve’ which reflects projected or planned progress on the project if all tasks are completed on their original early finish dates [9].” If a forensic scheduler is retained to work on a project where an S-curve has been developed from a CPM network (as is implied by RP 55R-09) then all forensic schedule analysis should be performed on the underlying CPM schedules in accordance with RP 29R-03. Having said this, S-curves on linear projects, for example, earthmoving projects, and the like are often created by spreadsheet analysis only—not by the calculation of resource loaded CPM schedules. In this event, the guidance offered in RP 29R-03 is insufficient to perform a forensic analysis on this type of S-curve. The challenge for the forensic scheduler in a situation such as this is to locate and document the underlying calculations that supported the baseline S-curve; identify and document events on the project which drove the schedule late; and analyze those events for liability, causation and damages. Methodology—It is recommended that the forensic scheduler employ the following methodology. accomplish the scope of work by the contract completion date. 7. Interview the project team who prepared the S-curve to determine their understanding of what was required to complete work in accordance with the S-curve. Determine whether and how long the contractor met the S-curve numbers. 8. If the contractor missed the initial as-planned S-curve quantities, determine from these interviews why this occurred and document these findings. 9. Apply the following constraints as discussed above, in order, as and if applicable – a. physical constraints; b. external constraints; c. contract constraints; d. resource constraints; and, e. preferential logic. 10. Revise the baseline S-curve appropriately, if needed, to account for the applicable constraints. And, 11. Test the revised baseline S-curve against the information gathered earlier and have the project team validate or correct the revised baseline S-curve. Baseline Schedule— Schedule Updates— 1. 2. 3. 4. 5. 6. 10 Assuming that the baseline S-curve provided was agreed to at the outset of the project this is the starting point for forensic scheduling. Review all contract documents and drawings to determine the scope of work, the conditions of the contract and what physical, external and contractual constraints were applicable to the work. Determine how these constraints affected the work plan. Review the contractor’s bid to ascertain the activities or portions of the work bid and the cost and resources calculated for each activity or portion of the work. Determine whether the bid included the full scope of work or what portion(s) of the scope of work were left out, if any. Make a judgment on whether there were sufficient resources to 1. 2. 3. 4. As projects using S-curves typically are routinely updated based on actual progress, valid schedule updates should be available for the forensic scheduler to review. Each updated S-curve should be reviewed to determine actual progress recorded. Earned value analysis as discussed in RP 55R-09 should be performed on each update including earned schedule analysis to determine what variances occurred during the performance of the work and in what time periods these variances occurred. Review available project documentation to determine how the S-curve schedules actually progressed on a period by period basis. And, Interview the project team and document what happened on the COST ENGINEERING NOVEMBER/DECEMBER 2013 project; when it happened; who caused the event or issue; and the resulting impact. Schedule Delay Analysis— 1. 2. 3. Apply MIP 3. – observational / dynamic / contemporaneous as-is to document the events or activities drove the project delay. From the project documentation determine whether the contractor provided actual or constructive notice of any or all of these delays. And, Determine the amount of delay caused by those events or actions/inactions of the owner, their representatives or events for which the owner was liable. Delay Analysis—Linear Schedules AACE defines the linear scheduling method (“LSM”) as a, “scheduling method that may be used on horizontal projects (pipelines, highways, etc.). Highly repetitive tasks make up the majority of the work. LSM schedules use ‘velocity’ diagrams representing each activity. LSM scheduling is not widely used [5].” Another author wrote that, “The linear scheduling method has been developed to meet highway construction’s demands for improved planning, scheduling and management. Linear scheduling is a simple diagram representing the location and time at which a given crew will be performing a given operation. Graphic symbols are used to represent construction operations and visually communicate the construction plan and schedule [18].” Methodology—It is recommended that the forensic scheduler employ the following methodology. Baseline Schedule— 1. 2. Assuming the baseline linear schedule was agreed to at the outset of the project, then this schedule is the starting point for forensic analysis. Review all contract documents and drawings to determine the scope of work, the conditions of the contract and what physical, external and contractual constraints were applicable to the work. 3. Determine how these constraints would have or should have affected the plan for the work. 4. Review the contractor’s bid to ascertain the activities or portions of the work bid and the cost and resources calculated for each activity or portion. 5. Determine whether the bid included the full scope of work or what portion(s) of the scope of work were left out, if any. 6. Make a judgment on whether there were sufficient resources to accomplish the full scope of work by the planned dates. 7. Interview the project team who prepared the baseline linear schedule to determine their understanding of what was required to complete work in accordance with the baseline schedule. 8. Determine whether and how long the contractor met the velocity diagrams. 9. If the contractor missed the initial as-planned velocity diagrams determine from these interviews why this occurred. 10. Apply the following constraints as discussed above, in order, as and if applicable— a. physical constraints; b. external constraints; c. contract constraints; d. resource constraints; and, e. preferential logic. 11. Revise the baseline linear schedule appropriately, if needed, to account for the applicable constraints. And, 12. Test the revised baseline linear schedule against the information gathered earlier and have the project team validate or correct the revised baseline. Schedule Updates— 1. Projects using linear schedules typically have routine updates. Thus reasonably valid schedule updates should be available for the forensic scheduler to review. 2. 3. 4. Each updated schedule should be reviewed to determine actual progress recorded. Review available project documentation to determine how the planned velocity diagrams actually progressed on a period by period basis. And, Interview the project team and document what happened on the project; when it happened; who caused the event or issue; and the resulting impact. Schedule Delay Analysis— 1. 2. 3. Apply MIP 3.3—observational / dynamic / contemporaneous as-is to document what events or activities drove the project delay. From the project documentation determine whether the contractor provided actual or constructive notice of any or all of these delays. And, Determine the amount of delay caused by those events or actions/inactions of the owner, their representatives or events for which the owner was liable under the contract. Chain Delay Analysis—Critical Schedules The critical chain method is defined in the following manner. “Differentiated from the critical path method, this project planning and management technique considers resources that constrain the work, not only the precedence of activities. The method determines the longest duration sequence of resource constrained activities through a project network— thus the shortest possible project duration—the critical chain. Algorithms for application of the method are both deterministic and stochastic. Time buffers are included to protect completion dates and provide adequate solutions, since contingency is removed from durations of individual activities [3].” Thus, the critical chain is, “That set of tasks which determines the overall duration of a project, after considering resource capacity. It is typically regarded as the constraint or leverage point of a project [3].” The critical chain method was developed by Dr. Eliyahu M. Goldratt in his books, Critical Chain and The Goal [13, 14]. The forensic scheduler working on a project using the critical chain method will have less of a challenge than some of the earlier project situations discussed. A critical chain method schedule is a time scaled, logic network, but one driven by resource constraints rather than estimates of activity durations. Thus, the forensic scheduler will have an approved baseline and a series of schedule updates available for analytical purposes. Methodology—It is recommended that the forensic scheduler employ the following methodology. Baseline Schedule— 1. 2. 3. 4. 5. 6. 7. 8. Since a critical chain method schedule is a time scaled logic diagram, based on resource planning and allocation the forensic scheduler has a thorough and well thought out baseline schedule to work with. Assuming that the baseline schedule was agreed to at the outset of the project, then this schedule is the starting point for forensic scheduling. Review all contract documents and drawings to determine the scope of work, the conditions of the contract and what physical, external and contractual constraints were applicable to the work. Determine how these constraints would have or should have affected the work plan. Review the contractor’s bid to ascertain the activities or portions of the work bid and the cost and resources calculated for each activity or portion of the work. Determine whether the bid included the full scope of work or what portion(s) of the scope of work were left out, if any. Make a judgment on whether there were sufficient resources to accomplish the full scope of work. Interview the project team who prepared the baseline critical chain schedule to determine their understanding of what was required COST ENGINEERING NOVEMBER/DECEMBER 2013 11 9. 10. 11. 12. 13. to complete work in accordance with the baseline schedule. Determine whether and how long the contractor met the planned schedule. If the contractor missed the initial as-planned schedule determine from these interviews why this occurred. As a critical chain schedule is already based on an analysis of resources constraints, apply the following constraints as discussed above, in order, as and if applicable – a. physical constraints; b. external constraints; c. contract constraints; and, d. preferential logic. Revise the baseline critical chain schedule appropriately, if needed, to account for the applicable constraints. And, Test the revised baseline critical chain schedule against the information gathered earlier and have the project team validate or correct the revised baseline schedule. 2. 3. Delay Analysis—Line of Balance Schedules A line of balance (“LOB”) schedule is defined as, “A graphical display of scheduled units versus actual units over a given set of critical schedule control points on a particular day. The line of balance technique is oriented toward the control of production activities.” An LOB schedule is similar to a linear schedule and thus analysis of the baseline and schedule updates is the same. Methodology – It is recommended that the forensic scheduler employ the following methodology. Baseline Schedule— 1. Schedule Updates— 1. 2. 3. 4. As projects using critical chain schedules typically have routine updates of the schedule, reasonably valid schedule updates should be available for the forensic scheduler to review. Each updated schedule should be reviewed to determine actual progress recorded. Review available project documentation to determine how the project actually progressed on a period by period basis. And, Interview the project team and document what happened on the project; when it happened; who caused the event or issue; and the resulting impact. Schedule Delay Analysis— 1. 12 Apply MIP 3.3 – observational / dynamic / contemporaneous as-is to document the events or activities drove the project delay. From the project documentation determine whether the contractor provided actual or constructive notice of any or all of these delays. Determine the amount of delay caused by those events or actions/inactions of the owner, their representative or events for which the owner was liable. 2. 3. 4. 5. 6. Assuming that the baseline LOB schedule was agreed to at the outset of the project, this schedule is the starting point for forensic scheduling. Review all contract documents and drawings to determine the scope of work, the conditions of the contract and what physical, external and contractual constraints were applicable to the work. Determine how these constraints would have or should have affected the work plan. Review the contractor’s bid to ascertain the activities or portions of the work bid and the cost and resources calculated for each activity or portion of the work. Determine whether the bid included the full scope of work or what portion(s) of the scope of work were left out, if any. Make a judgment on whether there were sufficient resources to accomplish the full scope of work for each LOB activity by the dates required. COST ENGINEERING NOVEMBER/DECEMBER 2013 7. Interview the project team who prepared the baseline LOB schedule to determine their understanding of what was required to complete work in accordance with the baseline schedule. 8. Determine whether and how long the contractor met the LOB dates. 9. If the contractor missed the initial as-planned LOB dates determine from these interviews why this occurred. 10. Apply the following constraints as discussed above, in order, as and if applicable— a. physical constraints; b. external constraints; c. contract constraints; d. resource constraints; and, e. preferential logic. 11. Revise the baseline LOB schedule appropriately, if needed, to account for the applicable constraints. 12. Test the revised baseline LOB schedule against the information gathered earlier and have the project team validate or correct the revised baseline schedule. Schedule Updates— 1. 2. 3. 4. Projects using LOB schedules typically have routine updates. Therefore, reasonably valid schedule updates should be available for the forensic scheduler to review. Each updated schedule should be reviewed to determine actual progress recorded. Review available project documentation to determine how the work actually progressed on a period by period basis. And, Interview the project team and document what happened on the project; when it happened; who caused the event or issue; and the resulting impact. Schedule Delay Analysis— 1. Apply MIP 3.3—observational / dynamic / contemporaneous as-is to document the events or activities drove the project delay. 2. 3. From the project documentation determine whether the contractor provided actual or constructive notice of any or all of these delays. Determine the amount of delay caused by those events or actions/inactions of the owner, their representative or events for which the owner assumed liability under the contract. Delay Analysis—Pull Planning/Location Based Schedules Pull planning or location based scheduling has been described as “the marriage of CPM and lean construction [15].” Pull planning has been described by one advocate of this scheduling system as, “…a tool that has been adapted to lean projects from the Toyota production system and evolved from the research of Greg Howell and Glenn Ballard of the Lean Construction Institute. In general, it starts planning with the proposed finished product (the completed project or some series of milestones) as goals on the right end of the schedule and pulls backward (left) to discover and incorporate all the steps that get to the finished product. Instead of ‘pushing’ a project through production, pull planning establishes what is necessary to pull it towards completion [10].” In a private telephone interview with the author of the above during the preparation of this article, the question was posed concerning how one performs a forensic schedule analysis on a project using pull planning? The response was that pull planning by itself cannot be used for schedule delay analysis. However, the author went on to explain that pull planning is only a part of what he termed “three wall scheduling” which is comprised of the following— CPM Scheduling—Which tells the project team what has to be done and when. Line of Balance Scheduling—Which tells the project team where things have to be done. Pull Planning—Which tells the project team how things have to be done (that is, what resources are needed to accomplish the above – labor, materials and construction equipment). The author concluded that the value of the weekly pull planning charts in the context of forensic scheduling is that these weekly (or more frequent at times) documents are very detailed daily reports (agreed to by all parties on the project) but with a great deal more detailed information and credibility than typical daily reports. Since pull planning always has an underlying CPM schedule the analysis of the baseline schedule and all schedule updates and the forensic schedule analysis can rest upon the pull planning charts as documentation when the forensic scheduler is employing any of the MIP’s from RP 29R-03. Delay Analysis—Rolling Wave Scheduling Rolling wave planning has been defined as a “cost and schedule planning method where details are developed for near term and general or summary allocations are made for out periods. Detail is developed for the out periods as information becomes available to do so [8].” Rolling wave scheduling is more common in engineer-procure-construct (“EPC”) or design build (“D/B”) projects than in the classic design/bid/build project. This is because at the outset of a typical EPC or D/B project there is less information available to prepare and issue a fully developed schedule in comparison to design-bid-build projects for which design is fully developed at the project outset. Rolling wave schedules may be either CPM schedules or detailed bar charts. In the situation where a project was constructed using a rolling wave schedule based on CPM scheduling the forensic scheduler should apply RP 29R-03. If the rolling wave schedule was prepared and maintained as a bar chart the forensic scheduler can apply the procedure outlined above for Bar chart/Gantt chart schedules. Conclusion It is well known that many projects proceed without any CPM schedules. Industry studies indicate that many projects complete later than planned. Therefore, it is safe to conclude that time extension requests, delay claims and assertions of liquidated damages are common on these projects. When this happens, forensic schedulers need to perform schedule delay analysis. At the present time, there is no guidance for performing forensic schedule analysis on non-CPM schedules. Such guidance is needed. The intent of this article is to outline procedures for performing forensic schedule analysis on non-CPM scheduled projects. The authors’ believe that this paper can serve as the basis or starting point for Chapter 2 of RP 29R-03 which should address, in more detail, how to perform schedule delay analysis on those projects with no CPM schedule. ◆ REFERENCES 1. AACE Recommended Practice 10S90, Cost Engineering Terminology, AACE International, Morgantown, WV, page 10. 2. Ibid, page 21. 3. Ibid, page 30. 4. Ibid, page 49. 5. Ibid, page 61. 6. Ibid, page 68. 7. Ibid, page 78. 8. Ibid, page 94. 9. AACE Recommended Practice 55R09, Analyzing S-Curves, AACE International, Morgantown, W.V. (November 10, 2010): page 1. 10. A discussion of Pull Planning on the ReAlignment Group, Ltd. Website by Dan Fauchier, President at www.projectrealign.com/pullplanning.php. 11. Galloway, Patricia D., CPM Scheduling and How the Industry Views Its Use, AACE International Transactions, CDR.07 (2005). 12. George Sollitt Construction Company v. U.S., 64 Fed. Cl. 229 (2005); Sterling Millwrights, Inc. v. U.S., 26 Cl. Ct. 49, 75 (1992); Fortec Constructors v. U.S., 8 Cl. Ct. 490, 505, aff’d, 804 F.2d 141 (Fed. Cir. 1986); Blinderman Construction Company v. U.S., 39 Fed. Cl. 529 (1997). 13. Goldratt, Eliyahu M., Critical Chain, North River Press, Great Barrington, MA (1997). 14. Goldratt, Eliyahu M., The Goal, North River Press, Great Barrington, MA (1984). COST ENGINEERING NOVEMBER/DECEMBER 2013 13 15. Huber, Bob and Paul Reiser, The ABOUT THE AUTHORS Marriage of CPM and Lean Construction, Proceedings, 11th Annual Conference, International James G. Zack, Jr., Group for Lean Construction, CFCC FAACE, is Blacksburg, VA (2003). Executive Director, 16. Managing the Risk of Delayed Navigant Construction Completion in the 21st Century, Forum in Boulder, CO. He can be contacted by Chartered Institute of Building, sending e-mail to: Englemere, Kings Ride, Ascot, jim.zack@navigant.com Berkshire, U.K. (2008). 17. “Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability,” McGraw Steven A. Collins, is Hill Construction Research & with Navigant Analytics, Bedford, MA (2011). Consulting, Inc., of 18. Parvin, Cordell M. and Dr. Michael C. Boston, MA. He can be Vorster, Linear Scheduling: Visual contacted by sending Project Planning & Management, e-mail to: P&W Publications, Inc., Richmond, scollins@navigant.com VA (1993). TM 14 COST ENGINEERING NOVEMBER/DECEMBER 2013 Curtis Sohn is 3rd Quarter Member-Get-a-Member Winner Curtis Sohn, Project Controls/Project Manager at HNTB Corporation in Minnesota, has been named winner of the AACE third quarter Member-Get-a-Member drawing. He wins $250 worth of AACE products and services for recommending Steven Schantzen to become a member of AACE International. The random drawing was Sept. 30. Sohn was instrumental in the formation of the Minnesota Section, and has held office in the section since it was chartered. He is currently helping organize a PSP Certification Workshop for the section. If you would like to be entered in the fourth quarter drawing, or the grand prize drawing, be sure that everyone you recruit identifies you on their membership application. TIME FOR A DECISION In today’s complex, litigation-prone business environment, individuals with the proven capability to assess risk and guide organizations to the best decision possible are in high demand. AACE International’s new Decision and Risk Management Professional™ (DRMP™) certification program establishes credentials that recognize professional expertise, skills and knowledge in the decision and risk management area of practice within cost engineering. If you desire to be recognized for strong skills and knowledge in decision and risk management as it relates to project management, the DRMP certification was made for you. Candidates may include but are not limited to risk managers, decision and risk management consultants, capital program managers or planners, project managers, value engineers and any cost engineering professionals focusing on asset and project decision and risk management. Skills and knowledge range from analytical (e.g., statistics and modeling) to socio/psychological (e.g., risk elicitation and communication) to management (e.g. risk response planning and management). For more information about the new DRMP certification, go to www.aacei.org/cert/DRMP/ START LOOKING FOR THE BEST... AACE CAREER CENTER The AACE Career Center helps streamline your hiring process with unmatched exposure for job listing and, higher quality candidates. Because AACE members are among the most skilled and best trained total cost management professionals in the world, the AACE Career Center offers a highly targeted pool of exceptional talent, which is an asset to your business. AACE Career Center offers: • Quick and easy job posting • Quality candidates • Online reports provide you with job activity statistics • Simple pricing options 1265 Suncrest Towne Centre Drive Morgantown, WV 26505-1876 800.858.COST www.aacei.org/career Recruiting qualified professionals has never been easier. The AACE Career Center is the most effective way to find leading practitioners in the total cost management profession. Unlike generic job posting services, AACE International commits to not only helping you hire the best person for your position, but also helps you develop that individual to their fullest professional potential by offering a complimentary AACE International membership for the balance of the year the person is hired or a $150 discount toward registering for an AACE International credential such as CCP, CEP, CFCC, EVP, or CCT.* About AACE International Since 1956, AACE International has been the leading-edge professional society for project managers, schedulers, cost estimators, cost engineers, and project control specialists. AACE International is the authority for total cost management. Promoting the planning and management of projects, programs, and portfolios, AACE International is the largest organization serving the entire spectrum of project management professionals. AACE International is industry independent , and has members in over 80 countries. *In order to qualify for this incentive, your company must advertise an employment position with AACE International’s Career Center for at least two months. Once you hire a person for that position, regardless of the source, AACE International will give you the option of either having that new person’s membership paid for the balance of the year or a $150 credit toward the new hire earning his or her AACE International credential. This is non-transferable. Should the person you hire already be a member in the current year, we will extend their membership for another full year. New hires made after October 1 will receive membership benefits for the balance of the current year plus the entire next year. If you are not familiar with the many benefits of being an AACE International member, we invite you to review our online membership presentation at www.aacei.org/mbr/presentation/ TECHNICAL ARTICLE Forensic Schedule Analysis: Example Implementation, Part 3 Mark C. Sanders, PE CCP CFCC PSP Editor’s Note: This article is the third and final installment in a series that presents a forensic schedule analysis (FSA) example implementation, prepared to address the application of procedures described in AACE Recommended Practice 29R-03—Forensic Schedule Analysis [1]. The techniques presented in this article provide additional variations on the techniques presented previously. All three articles in this series will be available at the AACE Virtual Library. The first article in the series, “Forensic Schedule Analysis: Example Implementation,” was presented at the 2008 Annual Meeting as CDR.11, and is available as item number 21534. In 2011, CDR.493 was presented at the Annual Meeting and then published in the January 2012 Cost Engineering journal. It is available as item number 21970. In 2012, CDR.870; was presented. It is being published as the following reprint. It is available as item number 22022. Abstract: This article was first presented at the 2012 AACE Annual Meeting in San Antonio, Texas. It was the final installment in a series of Annual Meeting presentations that presented example forensic schedule analyses, performed according to the Method Implementation Protocols outlined in AACE Recommended Practice 29R-03. This article presents the remaining analysis methods—MIPs 3.4, 3.5, 3.6, and 3.9. Each of these techniques is a variation on one of the techniques previously presented at the AACE Annual Meetings. This article focuses on comparisons between the techniques and the reasons behind the different results found in each analysis. Finally, recommendations are provided for the continued development of example analyses, the continued refinement of analysis techniques, and the development of industry consensus in the area of objective forensic schedule analysis. Key Words: Critical path, delay, forensic schedule analysis, and projects M onstruction M IPs 3.4 and 3.5 are dynamic logic techniques similar to MIP 3.3. However, MIP 3.4 isolates a specific step for the analysis of logic changes made during the project, while MIP 3.5 addresses the modification of updates to correct errors and the recreation of updates that are missing. MIP 3.6 is the single-base application of the fragnet insertion technique of MIP 3.7, which was presented in Part 1 of this series. MIP 3.9 is the multiple-base application of the collapsed-as-built technique of MIP 3.8, which was presented in Part 2 of this series. The structure of this article is similar to the prior articles in the series. The major sections are as follow: • • • • • • • • • Model project to be analyzed. Analysis by inserting progress and identifying delays, then analyzing logic changes. Observational/dynamic/ contemporaneous split analysis per MIP 3.4. Analysis by modifying or recreating updates. Observational/dynamic/modified or recreated analysis per MIP 3.5. Analysis by inserting fragnets into the baseline schedule to model delays. Modeled/additive/single base analysis per MIP 3.6. Analysis by removing delay events from the schedule updates. Modeled/subtractive multiple base analysis per MIP 3.9. And, • Comparison, conclusion. commentary, and Model Project to be Analyzed The sample project referenced in this article is the same project used in the example implementations presented in the prior two articles in this series [2, 3]. COST ENGINEERING NOVEMBER/DECEMBER 2013 17 Editor’s Note: Figures and Tables Are Not Included in the Electronic and Print Versions of this Article In a departure from the typical presentation of technical articles, the number of figures and tables included with this article made it too large to include the 8 tables and 43 figures within our standard text layout. Visit www.aacei.org and look for the online button (as shown at left) to access the 8 tables and 43 figures associated with this article. If you are already reading the electronic version, just click the online button symbol shown at left. Readers of the print version, after going online and using the online button to access the article’s associated graphics, you can either view the material electronically or print out a copy to create a supplemental document to the text version included in this issue. We apologize for any inconvenience, but wanted to share with our readers this quality article while providing access to the cited figures and tables in a unique and non-traditional format. Reader feedback is encouraged. Please e-mail any comments to: editor@aacei.org Anytime you see the online button symbol included with an electronic or print article, there is additional content online associated with the published article. Go online to view, read, and benefit from this additional material. The description of the sample project presented in that article is reiterated here for reference. The original sample project was provided for the consideration of the participants in the RP development committee and had been used previously for the comparison of various delay analysis techniques [4]. The model project is the construction of a storage building. The building will be used to store nonhazardous, dry materials. The design consists of tilt-up concrete panels with a steel-framed, metal roof. A much smaller receiving and reception area is attached. The reception area is framed with metal studs and enclosed with an exteriorinsulating and finishing system (EIFS). Personnel arrive through the reception area and goods are delivered by truck to the all-weather docking unit in that area. The available information for the project includes a baseline schedule, six schedule updates, and a summary of project events based on the contractor’s and owner’s files. Please follow the link to view figures 1 and 2. Figure 1 depicts the as-planned schedule as a bar chart, and figure 2 shows the logic diagram. In the example project schedule, the project start milestone has start-to-start relationships with its successors, and the punchlist activity has a finish-to-finish relationship with the project finish milestone. All other relationships are 18 finish-to-start, and there are no lags. Durations are in weeks, and the project is planned to take 16-weeks to complete. The baseline critical path begins with project start and proceeds through excavation, foundation, tilt-up joining wall, remaining tilt-up walls, beams and roofing, install racking, punchlist, and project finish. There are no constraints in the schedule. Figure 2 details the relationships in the baseline schedule and figure 3 shows the as-built schedule for the same project. The project actually took 24 weeks to complete, as shown in figure 3. Follow the link to view figure 3. Relevant information from the project records is summarized in table 1, outlining the events that occurred during the project. Follow the link to view table 1. The summary of project information will be used in conjunction with the project schedules. The goal of the schedule analysis will be to identify the specific activity delays that resulted in the overall eight-week delay to project completion. Including the as-built schedule, there were six updates to the baseline schedule. The updates were completed after every four weeks of work. Thus, there will be six windows analyzed, as listed in table 2. Follow the link to view table 2. COST ENGINEERING NOVEMBER/DECEMBER 2013 Analysis by Inserting Progress and Identifying Delays, then Analyzing Logic Changes Observational/Dynamic/Contemporaneous Split Analysis per MIP 3.4 This analysis will be performed based on the method implementation protocol (MIP) described in Section 3.4 of AACE RP 29R-03. The analysis is classified as retrospective because the analysis is performed after the delay events and the impacts of those events have occurred and the outcome is known. The analysis is observational because no activities are added or subtracted from the schedule to model delays or changes to the plan; each schedule update is simply compared to the previous update. The analysis is dynamic because the critical path shifts according to the progress of the project; the baseline critical path is not considered to be the only critical path throughout the project duration. The analysis is contemporaneous because it relies on the schedules created during the project, not on models created after the fact. The analysis uses a split methodology to analyze delays. Each full step of the analysis has two parts, which together identify the net delays that occurred during one period of the project. In the first half-step, delays that are associated with the late start or slower-than-planned progress of activities are identified. Savings associated with the early start or betterthan-planned progress of activities are also identified. Then, in the second halfstep, delays (or savings) associated with logic revisions made when the schedule was updated are identified. According to the RP, MIP 3.4 recommends the minimum implementation of the source validation protocols (SVPs) as follow: SVP 2.1 (baseline validation) and SVP 2.3 (update validation). MIP 3.4 also recommends implementation of SVP 2.2.D.2 (as-built validation, creating a fully progressed baseline schedule). However, it is likely that reference is meant to be to SVP 2.3.D.2 (Bifurcation: creating a progressonly half-step update). SVP 2.3.D.2 specifically references MIP 3.4, whereas SVP 2.2.D.2 references procedures for creating an as-built schedule from the baseline. Those procedures would be more likely to be used in MIPs that rely heavily on the as-built schedule, such as MIPs 3.1 or 3.8 [5]. MIP 3.4 recommends the implementation of SVPs 2.2 (as-built validation) and 2.4 (delay identification and quantification) for enhanced implementation. Other recommendations from the RP include: (1) recognize all contract time extensions granted and (2) identify the critical path activity that will be used to track the loss or gain of time for the overall network. For the purpose of this example implementation, all updates will be analyzed and no periods will be grouped. All of the information sources have been evaluated based on the SVPs and deemed to be reliable sources of project information for the analysis. There have been no contract time extensions granted. The activity that will be used to track delays to the overall network will be Activity M990. There are no intermediate milestones on the project [2, 3]. • • In the prior presentation of MIP 3.3, it was noted that there were no logic changes in the project updates that must be considered in the analysis [2]. Under MIP 3.4, the AACE RP notes that in this specific case, MIP 3.3 would be more appropriate. However, the RP also notes that it is rare for a project to be executed with absolutely no logic changes made in the schedule updates over the course of the project. In fact, implementation of MIP 3.3 and 3.4 will produce exactly the same results if there are no logic changes made over the course of the project. In order to have a useful discussion of MIP 3.4, a logic change will be introduced into the model project. Interestingly, just one small logic change made during the project can have a significant effect on the retrospective analysis of the project schedules. No logic changes were made in updates 1 or 2 of the schedule. Analysis of those periods is not presented here as the analysis would be identical to that previously presented for MIP 3.3. Recalling that analysis, the critical path shifted one week after the start of update 2, when the remaining tilt-up walls activity was completed more quickly than planned. Figures 4 and 5 show the project status in update 2 and with one additional week of progress entered into update 2 to depict that critical path shift. Follow the link to view figures 4,5,and 6. Figure 6 shows update 3 from the model project, as it was presented originally in the first article in this series. Although the critical path shifted one week after the data date of update 2, the project updates were only produced every four weeks. Interim updates may have been produced, but they were not included in the project records. If update 3 were distributed to all parties, it would have been the first project document to show that the critical path of the project had shifted from erection in the storehouse area to fabrication of the docking unit for reception. Recognizing the delay by its docking unit supplier, the contractor may attempt to mitigate it by revising the plan for the completion of the work once the docking unit arrives on site. Suppose that the contractor decides that it can modify the relationship between the install docking unit and punchlist activities from finish-to-start to finish-tofinish. The basis for this change may be that the contractor does not anticipate any punchlist items associated with the docking unit as it is a packaged assembly; the contractor will bring additional resources to bear on the installation to ensure that there are no issues; or the contractor is willing to bear the risk of delay if any punchlist issues are identified with respect to the docking unit. In any event, the contractor is seeking to reduce the overall duration of this path of activities in order to mitigate the delay. Figure 7 depicts update 3 with the logic change. Follow the link to view figure 7. The logic change and differences in float values that result from the logic change are highlighted in figure 7. It may be debated whether the logic change is a legitimate attempt to mitigate the delay of the docking unit supplier or is motivated by an attempt to shift responsibility for project delays to the owner (who may have some responsibility for the delay associated with beams and roofing); however, the logic change was made during the project and will be incorporated into the schedule analysis. Figure 6 shows the complete analysis of the progress during Window 3 of the analysis. This constitutes the first half-step for the period for MIP 3.4. The presentation of this portion of the analysis looks the same as it did in the presentation of MIP 3.3. It appears in table 3. Follow the link to view table 3. The effects of logic changes will now be incorporated in the second half step. The schedule with the logic change shown in figure 7 (which would have been the schedule available during the project) is compared to the schedule without logic changes shown in figure 6 (which was produced by adding progress to update 2, until it incorporated all of the progress shown in update 3, but none of the logic revisions). One significant result of the logic change is that it results in a one-week savings to the project. Without the change, the project was forecast to finish in week 20. With the change, it is forecast to complete in week 19. Another significant result is that it reduces the float on the path of activities through beams and roofing and install racking, making them critical. There are now two critical paths. This would not be the case had the change not been made. These findings are incorporated into the analysis results in table 4. Follow the link to view table 4. Now that this logic change has been made, it will carry through the remaining schedule updates. Figures 8 through 12 and tables 5 through 7 show the results of the analysis of the remainder of the project. Follow the link to view figures 8 through 12 and tables 5-7. Even with no further logic changes, the results are significantly different than they would be had the change in update 3 not been made. Differences between the figures presented here and those originally presented for MIP 3.3 are highlighted in yellow. Fab/deliver docking unit started in week 12, the last week of window 3. In the first half-step for the analysis of COST ENGINEERING NOVEMBER/DECEMBER 2013 19 window 4, progress from update 4 is now inserted into update 3, and activity delays are evaluated. Inserting progress from the first week of window 4—week 13—we see that fab/deliver docking unit continued to make progress; however, beams and roofing did not begin as planned in update 3. The forecast project completion date is pushed from week 19 to week 20, and fab/deliver docking unit drops off of the critical path. Fab/deliver docking unit now has one week of float, compared to beams and roofing. Recall that the forecast project completion date in update 3 would have been week 20 had the logic change between install docking unit and punchlist not been made. After the logic change, the forecast project completion date was week 19. Once window 4 began, the failure to start beams and roofing immediately pushed the forecast completion date back to week 20. If the logic change had not been made, this would not have been a critical path delay. However, with the logic change, it is. Beams and roofing did not start until week 16. By that time, its failure to start had pushed the forecast project completion date to week 22. Fab/deliver docking unit made only one week of progress in window 4. This can be determined based on the fact that its remaining duration was five weeks at the start of the period (see update 3) and four weeks at the end of the period (see update 4). By week 16, the slower-thanexpected progress of fab/deliver docking unit caused it to return to the critical path, but only because beams and roofing made one week of progress in that week and caused no additional delay to the forecast project completion date. In week 16, fab/deliver docking unit used the one week of float it had at the start of the period. There were no logic changes made in update 4. Follow the link and view table 5. As the analysis of window 5 begins, one week of progress from update 5 is inserted into update 4. The docking unit is delivered that week—week 17 of the project. In update 4, the docking unit was forecast for delivery in week 20, and the path through delivery and 20 installation of the docking unit was cocritical with the path through the completion of the storehouse structure and racking. The early delivery of the unit causes its installation to drop off of the critical path. Beams and roofing made one week of progress in week 17, as planned in update 4. Thus, project completion remains forecast for week 22, as it was in update 4. In addition, the failure to proceed with select racking system has finally caused that activity to appear on the critical path. It is now co-critical with the remainder of beams and roofing. The remainder of the period is analyzed by inserting the remaining progress from update 5 into update 4. Beams and roofing was completed as planned in update 4. Select racking system was completed as soon as it became critical in week 18, and install racking began in week 19. Install docking unit also began in week 19, but made only one week of progress during the period. This absorbs two of the three weeks of float that were created by the completion of fab/deliver docking Unit earlier than planned in update 4. There are no logic changes in update 5. The complete analysis of window 5 is presented in table 6. Follow the link and view table 6. Window 6 begins with update 5 and ends with update 6, which is the complete as-built schedule for the project. The as-built schedule is shown in figure 12. In window 6, install racking and install docking unit proceed in parallel until week 23, when they are both completed. However, install racking drives the critical path from the start of the period in week 21 until it is completed in week 23 because it has a finish-to-start relationship with punchlist, whereas install docking unit has a finish-to-finish relationship with punchlist. The completion of install racking two weeks later than planned in update 5 causes two weeks of delay to the forecast project completion. Following the completion of install racking in week 23, Punchlist is then completed in week 24. Based on the contractor’s logic change from update 3, the last week of COST ENGINEERING NOVEMBER/DECEMBER 2013 install docking unit could have been completed in parallel with punchlist. We did not get to see whether that was truly possible because install docking unit was completed before the punchlist began. It would be informative to review whether there were any punchlist items associated with the docking unit. If there were, we might question the prior logic change and even whether the project schedule is a good model for what is truly driving the completion of the project. However, it was the model that was used to manage the project, and it may be challenging to argue that a better model can be created after the fact. No logic changes were made in update 6. The results of the analysis of window 6 are presented in table 7. Follow the link to view table 7. At the end of window 6, the analysis of project delays is complete. The activity delays and logic changes that compose the eight weeks of total project delay have been identified according to MIP 3.4. Further analysis may proceed to determine responsibility for each of the individual activity delays that contributed to the overall project delay. The delays identified are summarized as follows: • Three weeks of delay associated with excavation (presented in MIP 3.3 implementation). • One week of savings associated with remaining tilt-up walls. • Two weeks of delay associated with fab/deliver docking unit. • One week of savings associated with a logic change to install docking unit. • Three weeks of delay associated with beams and roofing. And, • Two weeks of delay associated with install racking. These delays explain the eight-week net delay to project completion. Further analysis may be undertaken regarding the relationship change made in update 3. If the relationship change is determined to be improper, windows 3 through 6 will need to be re-analyzed without the relationship change. In this example, that analysis is available. It was completed in the implementation of MIP 3.3 in the first article in this series. Results from both analyses will be RP. This oversight should be corrected in compared at the end of this article. revision 3. The SVP on bifurcation may be applicable for the implementation of an Analysis by Modifying or Recreating analysis method similar to MIP 3.4, once Updates Observational/Dynamic/Modified the updates had been recreated, but SVP or Recreated Analysis per MIP 3.5 2.3.D.3 should be referenced for the This analysis will be performed based update reconstruction, itself [5]. on MIP 3.5. The analysis is classified as Significant language contrasting MIPs retrospective because the analysis is 3.3 and 3.4 to MIP 3.5 was added to performed after the delay events and the revision 2 of RP 29R-03, and much of this impacts of those events have occurred language is included in SVP 2.3.D.3. and the outcome is known. The analysis is Language was also added to MIPs 3.3 and observational because no activities are 3.4 to allow for ‘minor’ corrections of added or subtracted from the schedule to updates without considering the analysis model delays or changes to the plan; each an implementation of MIP 3.5. For schedule update is simply compared to distinctions between what is a minor the previous update. The analysis is correction and what is a significant dynamic because the critical path shifts correction, the reader is referred back to according to the progress of the project; SVP 2.3.D.3. the baseline critical path is not MIP 3.5 recommends the considered to be the only critical path implementation of SVPs 2.2 (as-built throughout the project duration. validation) and 2.4 (delay identification The analysis relies on modified or and quantification) for enhanced recreated schedules because schedule implementation. These are the same updates were not created during the SVPs recommended for enhanced project, or because one or more updates implementation of MIPs 3.3 and 3.4. were not maintained in the project file. Other recommendations from the RP They may have been deleted when the include: (1) recognize all contract time project was completed or destroyed extensions granted and (2) identify the because of computer hardware damage critical path activity that will be used to or a computer virus. Regardless of the track the loss or gain of time for the reason, schedule updates are not overall network. available for analysis. For the purpose of this example While MIP 3.5 is described as implementation, all available updates will observational, it might better be be analyzed and no periods will be considered as the bridge between the grouped. All of the information sources observational and modeled MIPs. While have been evaluated based on the SVPs activities are not added or subtracted to and deemed to be reliable sources of the schedule model specifically for the project information for the analysis. purpose of modeling delay events, MIP There have been no contract time 3.5 allows for changes made to the extensions granted. The activity that will schedule model during the analysis and be used to track delays to the overall even allows for the wholesale recreation network will be Activity M990. There are of missing updates. If the analyst is no intermediate milestones on the making significant changes or recreating project [2, 3]. updates in their entirety, MIP 3.5 might In implementing MIP 3.5 for the be better described as a modeled purpose of this example, we must methodology. suppose that one or more of the updates MIP 3.5 recommends the minimum presented previously were not available implementation of the source validation in the project file. Therefore, assume that protocols (SVPs) as follow: SVP 2.1 updates 3 and 4 were not available. (baseline validation) and SVP 2.3 (update Update 3 captured the critical path shift validation), including sections 2.3.D.1 from the storehouse structure activities (reconstructed updates) or 2.3.D.2 (which were critical in update 2) to the (bifurcation: creating a progress-only fabrication and delivery of the docking half-step update). SVP 2.3.D.3, which has unit. Update 4 provided a snapshot of the obvious applicability to MIP 3.5 is not project status at a time when those two referenced by MIP 3.5 in Revision 2 of the paths of activities were very close to co- critical (as presented in MIP 3.3) or actually co-critical (as presented in MIP 3.4). If those two updates were not available, the analyst must contend with a window that extends from update 2 (completed at the end of week 8) to update 5 (completed at the end of week 20). Moreover, assume that the baseline schedule and updates 1, 2, 5, and 6 were only available in hard copy, and the relationship information was not shown. Updates 2 and 5 are presented in figures 13 and 14, follow the link to view these two figures. The project experienced a net delay of three weeks between updates 2 and 5, and it is clear there were significant activity-level variances during the period. The path of activities that appeared to be critical as of update 2 experienced a significant gap in its progress, and the path through the docking unit, which appeared to have float as of update 2, has been delayed five weeks. Based on update 5, it is clear that the remaining tilt-up walls were completed more quickly than planned in update 2. Because this appears to be the first activity on the critical path in update 2, it is reasonable to investigate whether that better-than-planned progress led to a critical path shift. Also recall that the project records included a notice from week 5 that stated that fabrication of the docking unit would not begin until week 11. That information was available at the time of update 2. It was not incorporated, but it could have been. It could be argued that it should have been, and it will be incorporated into the recreated update, which will be prepared with logic interpolated by the analyst at a data date of week 10. The recreated update appears in figure 15. Follow the link to view figure 15. In this simple example, it is easy for the analyst to interpolate the relationships between activities exactly as they were in the CPM schedule that was used on the project. However, in a more complex project, the chances of an exact recreation of the schedule logic are extremely slim. For example, the logic change made in the implementation of MIP 3.4 would not be apparent unless the analyst had access to relationship or float information, and that logic change will COST ENGINEERING NOVEMBER/DECEMBER 2013 21 not be included in this example for that reason. However, the recreated update does incorporate information that was available to the analyst, but which was not incorporated into the schedule on the project as of week 10. The forecast start of fab/deliver docking unit is modeled by placing a constraint on activity R100 so that it can start no earlier than week 11, as indicated in the fabricator’s letter from week 5. The critical path begins with this constraint and continues through fab/deliver docking unit, install docking unit, punchlist, and project finish. The forecast completion date of the recreated update is the same as it was in update 2, so there is no net delay to explain between update 2 and the recreated update. However, it is noted that no savings was realized as a result of the better-than-planned progress on remaining tilt-up walls. No savings is realized because the available logic and information incorporated into the recreated update resulted in a schedule with a critical path through the docking unit activities that will not allow the project to complete earlier than week 19. The project had experienced a net delay of three weeks as of update 2. That delay was evaluated in the presentation of MIP 3.3 in the first article in this series. The remaining presentation of MIP 3.5 will incorporate the progress from updates 5 and 6 into the recreated update in figure 15, in order to evaluate the remaining delays. Follow the link to view figure 16. Two weeks after the data date of the recreated update, it is clear that fab/deliver docking unit has caused an additional one week of project delay. Although the fabricator had indicated that it would begin fabrication in week 11, update 5 indicated that fabrication did not actually begin until week 12. Once progress begins on the critical path, beginning with fab/deliver docking unit, the path of activities beginning with beams and roofing begins to absorb its float relative to the critical path. By week 14, the paths are both driving the forecast project finish, as shown in figure 17. Follow the link to view figure 17. By week 15, beams and roofing is driving the sole critical path and causes an additional week of project delay, as 22 fab/deliver docking unit continues to proceed, as shown in figure 18. Follow the link to view figure 18. The following week, beams and roofing still does not begin, and it causes an additional week of delay, as shown in figure 19. Follow the link to view figure 19. Six weeks after the data date of the recreated update, all delay between updates 2 and 5 has been explained. The recreated update with progress inserted from update 5 now forecasts the same project finish date as did update 5. Figure 20 shows that select racking system becomes critical in week 18, in parallel to beams and roofing. Follow the link to view figure 20. However, update 5 shows that it was completed in week 18, as soon as it became critical. It caused no further project delay. Once all progress from update 5 has been inserted into the recreated update, the two schedules are identical. The period between update 5 and update 6 (the complete as-built schedule) was previously analyzed under MIP 3.3 and 3.4. Because the recreated update did not incorporate the logic change noted in the implementation of MIP 3.4, the presentation of MIP 3.3 should be referenced for the results of the analysis of this period. The results, as they pertain to the implementation of MIP 3.5, are summarized as follows: • • • • Three weeks of delay associated with excavation (presented in MIP 3.3 implementation). One week of delay associated with fab/deliver docking unit. Two weeks of delay associated with beams and roofing. And, Two weeks of delay concurrently associated with install racking and install docking unit (presented in MIP 3.3 implementation). These delays explain the eight-week net delay to project completion. Analysis by Inserting Fragnets Into the Baseline Schedule to Model Delays Modeled/Additive/Single Base Analysis per MIP 3.6 This analysis will be performed based on MIP 3.6. The analysis is classified as retrospective because the analysis is COST ENGINEERING NOVEMBER/DECEMBER 2013 performed after the delay events and the impacts of those events have occurred and the outcome is known. The analysis is modeled and additive because activities are added to the schedule to model delays or changes to the plan. The analysis uses a single base from which to begin measurement of delay—namely, the baseline schedule. MIP 3.6 recommends the minimum implementation of the source validation protocols (SVPs) as follow: SVP 2.1 (baseline validation), SVP 2.3 (update validation), and SVP 2.4 (delay identification and quantification). MIP 3.6 recommends the implementation of SVP 2.2 (as-built validation) for enhanced implementation. Other recommendations from the RP include: (1) recognize all contract time extensions granted and (2) identify the critical path activity that will be used to track the loss or gain of time for the overall network. In addition, revision 2 of AACE RP 29R-03, contains cautionary language that specifically affects single-base analysis techniques. Section 1.5.B.7 of the RP now states: Regardless of the method selected for analysis, all available sources of planning and schedule data created during the project, including but not limited to, various versions of baselines, updates and asbuilts, should be examined and considered, even if they are not directly used for the analysis [1]. The schedule updates previously presented will not be used in the implementation of MIP 3.6. As stated previously, MIP 3.6 is a single-base method, and only one schedule will be used as the basis from which to measure delays. The other updates may be considered but dismissed based on the fact that they were not accepted by one of the parties during project execution; or they may be dismissed based on the conclusion that they did not reflect an accurate plan for the project (either due to error or intentional manipulation). Regardless of the reason for which they are dismissed, they will not be used in the analysis. However, the analyst should take care in dismissing available schedule updates as the RP specifically advises that they must be considered as a possible source of project information. For the purpose of this example implementation, the baseline schedule has been evaluated based on SVP 2.1 and deemed to be a reliable source of project information for the analysis. There have been no contract time extensions granted. The activity that will be used to track delays to the overall network will be Activity M990. There are no intermediate milestones on the project. An additive, multiple-base method was presented in the implementation of MIP 3.7 in the first article in this series [2]. This presentation will use fragnets that are similar to those presented in that article, but insert them all into the baseline schedule. As the schedule will not be updated to a point close to the insertion point of the fragnet, some of the fragnets will have slight differences from those used in MIP 3.7, to better depict the relationships between the schedule activities and the fragnet activities. The delays and their associated fragnets, which were presented in the first two articles, are reiterated here for the convenience of the reader [2, 3]. Delay A—Discovery of UST (differing site condition), Testing, Removal, and Mitigation— Excavation began as planned in week 1. However, at the end of the week, an underground storage tank was discovered in the building footprint. Excavation proceeded, but was suspended in the area of the storage tank. One week was spent testing the surrounding soil for contamination and developing appropriate remediation efforts. Then, two weeks were spent removing the UST and contaminated soil before completing excavation activities. Fragnet A was developed to model the work associated with the UST, as shown in figure 21. Follow the link to view figure 21. Activities that are added are highlighted in the figures (light blue). The other activities shown in the fragnet graphics are included to show logical ties between the fragnet activities and existing schedule activities. That information is noted in the Successors column. Delay B—Docking Unit Supplier Delay— Fabrication of the docking unit was initially scheduled to begin in week 1. Based on review of project documentation, the contractor’s supplier indicated that it would not begin fabricating the docking unit until week 11 because its factory was operating at capacity on other projects. The supplier wrote a letter to the contractor detailing the delay at the start of week 5. Through continued communications with the supplier, the contractor learns that the fabricator actually begins work in week 12. Fragnet B was developed to model the delay, as shown in figure 22. Follow the link to view figure 22. The delay is modeled as 10 weeks, based on the supplier’s letter. Delay C—Drawing Dimension Discrepancies and Field Modifications of Roof System—Based on project documentation, structural steel arrived on site at the start of week 13. The steel was fabricated in accordance with the contract drawings and the accepted shop drawings. However, when the erected tiltup panels were surveyed, it was determined that there was an error in the contract drawings that caused numerous roof members and metal roof panels to be fabricated too long. The specifications contain a preapproved procedure for cutting the steel members in the field. However, the specifications do not allow metal roof panels to be field cut or bent, and the owner will not waive that requirement because it would void the roof warranty. Thus, the panels will be returned to the supplier for modification. The field cutting of structural steel is expected to take one week, but the panel modifications are expected to take four weeks. The panels will be shipped in two partial deliveries in order to minimize the delay. The first half will be returned to the project site at the end of the second week, and the second half will be returned at the end of the fourth week. Fragnet C was developed to model the delay, as shown in figure 23. Follow the link to view figure 23. Delay D—Installation of Electrical and Inventory Systems for Racking System— At the start of week 21, the owner informed the contractor that it had expected general contract work to be complete by now. The owner had scheduled an electrical contractor to install a computerized receiving and inventory system during weeks 21 and 22. The electrical contractor will occupy the majority of the docking area and storehouse during that time. Fragnet D was developed to model the delay, as shown in figure 24. Follow the link to view figure 24. These fragnets are now inserted into the baseline schedule in the order that the delays occurred, and the resultant impacts are assessed. Figure 25 shows the analysis schedule after the insertion of fragnet A. Follow the link to view figure 25. The insertion causes a three-week delay to the forecast completion date. Follow the link to view figure 26, which shows the analysis schedule after the insertion of fragnet B. Although there are now two concurrent critical paths, the insertion causes no further impact to the forecast project completion. The project remains forecast for completion in week 19. Follow the link to view figure 27 which shows the analysis schedule after the insertion of fragnet C. The insertion causes an additional two-week delay to the forecast project completion, and the path of activities beginning with the delayed fabrication of the docking unit is no longer driving. Follow the link to view figure 28, which shows the analysis schedule after the insertion of fragnet D. The insertion causes an additional three weeks of delay to the forecast project completion date. The racking and docking unit work cannot be completed until after the completion of the owner’s electrical work. Once they resume, those two activities will take one week to complete. Punchlist will then proceed for one week, and the project will be finished in week 24. That forecast is consistent with the actual delay to the project. Figure 28 shows the analysis schedule after the insertion of Fragnet D. The insertion causes an additional three weeks of delay to the forecast project COST ENGINEERING NOVEMBER/DECEMBER 2013 23 completion date. The racking and docking unit work cannot be completed until after the completion of the owner’s electrical work. Once they resume, those two activities will take one week to complete. Punchlist will then proceed for one week, and the project will be finished in Week 24. That forecast is consistent with the actual delay to the project. The implementation of MIP 3.6 could be summarized in tabular format, as the implementation of MIP 3.7 was in the first article in this series. However, it may not be. Some analysts may draw conclusions directly from the tabular and graphical information presented in the preceding figures. The project delays could be summarized as follows: • • • • Three weeks of delay associated with excavation Two weeks of delay associated with beams and roofing Three weeks of delay associated with the suspension and completion of install racking and install docking unit (50 percent of delay attributed to the suspension/resumption of each activity) The decision to attribute 50 percent of the final delay to the install docking unit activity could be questioned as the activity from the baseline schedule is not on the critical path in the final analysis schedule. However, the fragnet activity inserted encompasses the completion of both the racking and the docking unit. That activity could have been presented as two parallel activities, but the network calculation would be the same, essentially. In this example, it is concluded that the racking and docking unit were completed in parallel before the punchlist, and they concurrently drove the final delay to the project. Analysis by Removing Delay Events from the Schedule Updates Modeled/Subtractive Multiple Base Analysis per MIP 3.9 This analysis will be performed based on MIP 3.9, which was added to RP 29R-03 in revision 1 in 2009. The analysis is classified as retrospective because the analysis is performed after 24 the delay events and the impacts of those events have occurred and the outcome is known. The analysis is modeled and subtractive because activities are removed from the schedule to model delays or changes to the plan. The analysis uses multiple base schedules from which to begin measurement of delay—namely, the periodic schedule updates. MIP 3.9 recommends the minimum implementation of the source validation protocols (SVPs) as follow: SVP 2.2 (asbuilt validation), SVP 2.3 (update validation), and SVP 2.4 (delay identification and quantification). MIP 3.6 recommends the implementation of SVP 2.1 (baseline validation) for enhanced implementation. Other recommendations from the RP include: (1) recognize all contract time extensions granted and (2) identify the critical path activity that will be used to track the loss or gain of time for the overall network. As with the other implementations presented here, there were no contract time extensions granted, and Activity M990 will be used to measure delays. MIP 3.9 also recommends that the analyst tabulate and justify changes made to the as-built schedules and perform a constructability analysis of the resultant collapsed as-built. In performing this implementation of MIP 3.9, all of the fragnet delays that were implemented in MIP 3.8 are inserted into the as-built schedule. Note that these are the as-built fragnets from MIP 3.8, presented in the prior article in this series. They differ in some respects from the fragnets that were used in MIP 3.6 in this article. The primary difference is that they use as-built durations as opposed to as-planned durations. They also differ from the as-built fragnets that were used in MIP 3.8 in that the constraints that were used to maintain the scheduling of activities in MIP 3.8 are not necessary because the schedule will be collapsed window-by-window. There is less need to hold delay events (with no planned predecessor in the network) in place so that they do not fall back to the data date of the baseline schedule. The complete as-built schedule is shown in figure 29. Follow the link to view figure 29. COST ENGINEERING NOVEMBER/DECEMBER 2013 The as-built schedule in figure 30 includes the logic change introduced in update 3 in the implementation of MIP 3.4. Follow the link to view figure 30. A primary feature of MIP 3.9, as compared to MIP 3.8, is that it considers logic changes made in the updates. Therefore, it is appropriate to include a logic change in this example implementation. After entering the fragnets, the schedule is de-statused from update 6 to update 5, so that the last period of the project can be analyzed for delays. Figure 31 shows the schedule, de-statused to the data date of update 5. Follow the link to view figure 31. Activities S160 and R130 are shown ‘necked’ in the graphic to indicate that there is no progress on the activities during the period in which Activity D100 is underway. It may be helpful to show suspended activities in graphics in this fashion, but it is not necessary. Removing fragnet D results in a savings of two weeks. Thus, the analyst might conclude that the project would have completed two weeks sooner, but for the suspension of work on the install racking and install docking unit activities. Whether or not the activities should have been completed prior to the conflict with the owner’s electrical contractor is a separate matter; however, the specific activity delays that contributed to the critical path delay during the period have been identified. Both before and after the fragnet is removed, install docking unit is not on the critical path because of the difference in the relationship between the install docking unit and the punchlist, compared to install racking and the punchlist. What portion of the delay should be associated with the docking unit as opposed to the racking may be open to debate. The docking unit may have been less critical before the delay, but both activities were completed in parallel after the delay. In this example, the two-week delay is associated with install racking, as the schedule logic allows install docking unit to be completed in parallel with the punchlist. Clearly, both activities were suspended because of the owner’s electrical work. Follow the link to view figure 32. The next period of the analysis begins by de-statusing the project to the data date of update 4. In update 4, the fab/deliver docking unit activity was critical because it had a remaining duration of four weeks and install docking unit had a remaining duration of two weeks and was scheduled to complete in parallel with the punchlist. However, based on the as-built durations of these activities, they are not on the critical path. Restoring their asplanned durations (as of update 4) would put them on the critical path, but it would not cause a project delay. At this point, the collapsed schedule already shows the same completion date as update 4, and the analyst knows that the docking unit was actually delivered in week 17. Therefore, the durations of these activities were not restored. Follow the link to view figure 33. De-statusing the schedule to update 3, as shown in figure 30, reveals that the docking unit path would be even less critical if its as-planned durations were restored. As of the data date of update 3, the de-statused schedule shows that the fragnet activities related to the storehouse roof revisions are driving the project. These activities are collapsed, resulting in the schedule shown in figure 34. Follow the link to view figure 34. Collapsing the roofing delays results in a one-week savings to the forecast project finish date. Now, all incomplete activities in the schedule are critical, based on their as-built durations, except for select racking system. The next delay that is collapsed in this period is the extended duration of the docking unit installation, as shown in figure 35. Follow the link to view figure 35. It is noted that the extended duration of install docking unit that is collapsed in this window is unrelated to the owner’s electrical work. Install docking unit was originally planned as a two-week activity, but it had been in progress for three weeks prior to the start of the owner’s electrical work and was incomplete. Thus, its as-built duration was four weeks. Collapsing it results in a two-week savings in this analysis window. Follow the link to view figure 36. In the final step in this analysis window, the extended duration of reception walls is collapsed, which matches the analysis schedule to the version of update 4 presented in MIP 3.4. No further savings results from that step. The analyst could question whether to reverse the logic change made in update 3 at this point, as we know that install docking unit and the punchlist were not actually completed in parallel. However, we don’t know that they could not have been if necessary. Reversing the logic change at this point would result in a one-week project delay, which we would most likely associate in some way with the docking unit. It is not clear how that result would tie to reality at this point in the project, and the logic change is not reversed here. Follow the link to view figure 37. In the next step of the analysis, the schedule is de-statused to the data date of update 2. The critical path shifts to the docking unit supplier delay, based on its as-built duration, which delayed the start of fabrication to week 12. Follow the link to view figure 38. The docking unit supplier delay is collapsed in this period, resulting in a two-week savings to the forecast project completion date. Note that install docking unit and the punchlist are still scheduled to proceed in parallel, based on the logic change that was made in update 3. The reception walls are now the first activity on the critical path, and the extended duration of that activity will be collapsed. Follow the link to view figure 39. Collapsing the extended duration of reception walls results in a one-week savings to the forecast project completion date, and the critical path in the analysis schedule shifts to both fab/deliver docking unit and remaining tilt-up walls. Fab/deliver docking unit is scheduled with its as-planned duration, which happens to match its as-built duration. Therefore, there seems to be no opportunity to collapse it. However, remaining tilt-up walls was accelerated. Restoring its as-planned duration results in a three-week delay to project completion, as shown in figure 40. Follow the link to view figure 40. If the remaining tilt-up walls had not been accelerated, the project would have been forecast to complete in week 19 at this point. Based on this analysis, accelerating the work improved the forecast project completion date by three weeks. Also in this final part of the collapse to update 2, the logic change from update 3 is reversed. The relevant activities are not critical at this point, and reversing the change does not make them critical. Once reversed, all remaining work is scheduled as it was in update 2, and the float values match what they were in update 2. Follow the link to view figure 41. Now the schedule is de-statused to the data date of update 1. The activities are scheduled as they were in update 1, and there are no delays to collapse. Therefore, the analysis proceeds with de-statusing back to the data date of the baseline schedule, as shown in figure 42. Follow the link to view figure 42. One constraint is introduced into the de-statused baseline to hold the test for contamination activity in the week in which it actually occurred. Perhaps that fragnet could have been better modeled with a start-to-start relationship from excavation and a new activity for the completion of excavation as it was in the implementation of MIP 3.6. However, the point of this fragnet is to show the activities that were delaying excavation, which did proceed partially during the UST removal. In order to collapse the delay, the fragnet activities are removed (or their durations are set to zero) and the planned duration of the excavation activity is restored. This results in a three-week savings, and produces a schedule that is identical to the original baseline schedule, as shown in figure 43. Follow the link to view figure 43. The analysis is complete. The delays identified are summarized as follows: • • • • • • • Three-week delay associated with excavation. Three-week savings associated with remaining tilt-up walls. One-week delay associated with beams and roofing. Two-week delay associated with install racking. Two-week delay associated with fab/deliver docking unit. One-week delay associated with reception walls. Two-week delay associated with install docking unit COST ENGINEERING NOVEMBER/DECEMBER 2013 25 These activity delays resulted in the The process of developing, net eight weeks of delay to the overall publicizing, and debating RP29R-03 has project. stirred some significant debate, and if this debate continues, the community of Comparison, Commentary, and Conclusion practitioners may be able to arrive at Table 8 consolidates the results of all some consensus on a method or methods nine analyses performed over the course that can be used universally to assist in of this series. Follow the link to view table parsing delays from CPM schedules more 8. While at least one delay was identified consistently than is the case currently. consistently across all nine methods, the The following arguments have been results are significantly different for each made regarding the various methods analysis. presented in RP29R-03: The implementation of MIPs 3.4 and Proponents of MIPs 3.1 and 3.2, 3.9 included a logic change that resulted argue that the schedule update process is in a forecast completion in updates 3 and often influenced by the knowledge of 4 that is one week earlier than used for forensic scheduling practices and that too those updates in the other MIPs. Had the many updates are manipulated to shift logic change not been made, the results responsibility for delay to the other party, of MIP 3.4 would be identical to those of rather than to proactively manage the MIP 3.3. The logic change would not be project. Once a project is delayed relevant to the implementation of MIPs significantly, it is not uncommon for 3.1, 3.2, or 3.6, and it was considered changes to the schedule to be made by unknown in the implementation of MIP one party and rejected by the other in 3.5. It could have affected the results of attempts to position for a claim. MIPs 3.3, 3.7, and 3.8 if it were Meanwhile, the project has no agreed implemented in those analyses. The upon schedule, or two schedules—one analyst may or may not be aware of the used to frame the responsibility debate change, depending on the information and one used to manage the project. If available. the project has an accepted baseline The key purpose of forensic analysis schedule, which was consistent with the of CPM schedules is to identify the bid and the contract and agreed upon as individual activity delays that contributed the plan for execution prior to any of the to an overall project delay. Then, delays, perhaps that is the only plan that responsibility for those individual delays is uninfluenced by the parties’ attempts can be evaluated as opposed to debating to position for a claim. general contributions to the problems of However, MIPs 3.1 and 3.2, which a troubled project. Unfortunately, rely on the baseline schedule and often consensus has yet to develop among disregard changes to the schedule logic forensic CPM analysts as to which and critical path over the course of the methods produce the best results most of project are dismissed by many the time or if any method can be said to practitioners for two main reasons: produce better or more correct results than another under most circumstances. • The critical path method should be Since the publication of RP29R-03, used to dynamically manage the there has been significant discussion of project; as conditions change, the why practitioners prefer the techniques plan should change; that they do. Too few of these • Analysis techniques that fail to preferences are explicitly documented, recognize the dynamic nature of the perhaps because most advanced critical path have been dismissed in practitioners serve or wish to be able to some legal forums based on serve as expert witnesses and do not precedent rulings that require wish to publish explicit preferences that forensic schedule analysis to treat it might be used in cross examination to as such. While both parties may have contradict the methods that they use in a agreed on the baseline schedule at specific case. Regardless of the reason, the start of the project, critics of general public debate on the merits and MIPs 3.1 and 3.2 argue that actual failings of particular methods had been project conditions at the time that a limited. delay event occurs must be 26 COST ENGINEERING NOVEMBER/DECEMBER 2013 incorporated into the analysis in order to properly evaluate the impact of that event. Proponents of MIPs 3.3 and 3.4 believe that comparisons of the most current schedules in use on the project with actual project events result in the best analyses and have the least likelihood of undue influence by the forensic analyst. Instead of identifying delays and modeling them in the schedules, the schedules themselves are used to identify the delays, and the causes behind the delays are then investigated. It is impossible to model every day-to-day event on a complex project and every relationship between those events. Therefore, modeled analysis techniques are subject to bias by their very nature. It is better for the analyst to look at the project from the standpoint of a project participant and evaluate how the plan was impacted by actual events on the project on a periodic, or even day-by-day basis. Critics of MIPs 3.3 and 3.4 have stated that observational techniques do not constitute analysis. Delays should be modeled by an experienced practitioner with the ability to interpret and model project events in a way that demonstrates which events impacted project completion and which did not. Proponents of MIP 3.5 have stated that CPM techniques can be used to model projects and identify delay, even if the model is created after the fact. The CPM network is simply a mathematical model of the project. If developed by a skilled practitioner, it can be used to determine which activities were critical at given points in the project and which were not; which delays were critical, and which were not. Opponents have argued that these models are typically created for presentation in a claim forum and are more frequently biased than not. Proponents of MIPs 3.6 and 3.7 favor use of modeled techniques for the reasons noted above. Those that prefer 3.6 place more faith in the contractor’s as-bid plan for performing the work than on updates that do not reflect as-bid conditions and may have been manipulated over the course of the project. Those that prefer 3.7 believe that a more current update serves as a better base for modeling delay at a given point in a project. Proponents of MIPs 3.8 and 3.9 favor the use of as-built durations and relationships over the estimated durations that are prepared at the beginning of the project. They often ascribe to the concept of the as-built critical path as an indicator of what was really driving the project completion date, as opposed to what the schedule in use on the project might have said. For example, if the durations in the schedule were unachievable with the resources on hand, it would not have indicated the proper critical path. Those that favor MIP 3.9 are seeking a more detailed analysis than many of the one-step as-built collapses that have been presented in the past. Tying the collapsed as-built analysis to progress over the course of the project and incorporating logic changes brings in many of the elements of MIP 3.4, although with a completely different approach. Opponents of MIPs 3.8 and 3.9 simply do not believe in the mathematics of the collapsed as-built technique, or believe that the significant work that is often done to develop a CPM model with as-built durations and relationships is too subject to bias to be credible. Also, they assert that proximity does not imply causation, and too many as-built models create CPM relationships based on when 2. Sanders, M. CDR.11—Forensic activities occur in relation to one another Schedule Analysis: Example in time, whereas an explicit relationship Implementation, 2008 AACE of the same type and duration did not International Transactions. AACE exist in the project schedules or in the International, Morgantown, WV records of the project participants. (2008) 3. Sanders, M. CDR.493—Forensic Conclusion Schedule Analysis: Example In order to facilitate continued Implementation, Part 2 2011, AACE progress toward a consensus in the International Transactions AACE forensic analysis of schedules, additional International, Morgantown, WV examples like those presented in this (2011) series should be developed, and the 4. Zack, J. “Schedule Delay Analysis: Is results of the analyses should be There Agreement?” Presentation of compared and scrutinized for logical example project including inconsistencies. In the end, the presentation slides, schedules, and community of practitioners must work brief project description (2003) toward a set of practices that can be 5. Note: The corrections to the SVP applied universally. There will always be references under MIPs 3.4 and 3.5 variations, but for experienced analysts have been submitted for to parse the same schedules and arrive at incorporation into the next revision completely different conclusions does not of RP29R-03. serve to advance the state-of-the-art of forensic schedule analysis. The ABOUT THE AUTHOR techniques that we apply must have a mathematical basis and the results must be reproducible. ◆ Mark C. Sanders, PE CCE CFCC PSP, is with REFERENCES Alpha 3 Consulting, 1. Hoshino, K. et al. Recommended LLC. He can be Practice 29R-03: Forensic Schedule contacted by sending Analysis, AACE International, e-mail to: Morgantown, WV. Note: The version referenced here is Revision 2, which msanderspe@comcast.net was published in 2011. BANGKOK, THAILAND TO HOST THE 2014 ITCM CONFERENCE Bangkok, Thailand and Istanbul, Turkey will be the locations of the next two AACE International Total Cost Management conferences in 2014 and 2015 respectively. The 2014 ITCM Conference will be Nov. 12-13, at the Millennium Hilton Bangkok, Thailand. Current plans call for the conference to be a two-day meeting. It will commence with an opening plenary session on Nov. 12 and will feature a keynote speaker and then will divide into two tracks of peer-reviewed technical presentations over the balance of the two days. As with the first ITCM Conference, AACE is also planning to host continuing education seminars on the two days prior to the ITCM Conference, Nov. 10-11, 2014. Continental breakfasts and lunches will also be offered each day of the conference along with energy breaks in the planned exhibit area. Early registration for the conference will be $695 for members, $795 for non-members until Sept. 30, 2014. After Oct. 1, registration fees will be increased by $100. AACE International organizers anticipate between 200-250 registrants for the Bangkok conference. Registration for the Bangkok conference is available by visiting: www.aacei.org/mtgs/ITCMC/. AACE will release a call for papers by Sept. 1, 2013. The ITCMC will use the same peer-reviewed process used for selecting papers for the Association’s highly acclaimed Annual Meeting. The Millennium Hilton Bangkok is a stunning new ultra-contemporary hotel perched high over the sweeping majesty of the Chao Phraya River. With picture-perfect river views from every room, innovative restaurants and a refreshingly bright and modern spa, it is no surprise that Millennium Hilton Bangkok has been recognized as one of Asia Pacific’s best new business hotels by readers of Business Traveler. Registrants will receive a $150 (US) per night room rate. Optional educational seminars will be offered Nov.10-11 at the Millennium Hilton. Details about the optional seminars will be released by early 2014. COST ENGINEERING NOVEMBER/DECEMBER 2013 27 AS AN AACE MEMBER IF YOU’RE ONLY READING COST ENGINEERING, YOU’RE MISSING OUT ON AACE INTERNATIONAL’S SOURCE MAGAZINE, THE OTHER HALF OF YOUR MEMBER BENEFIT. GET 100% OF YOUR BENEFIT TODAY BY READING SOURCE. to view the SOURCE visit www.aacei.org/resources/source You still have access to 12 issues each year. Six printed issues of the COST ENGINEERING journal, with digital editions, and six digital only issues of AACE’s SOURCE magazine. TECHNICAL ARTICLE Recommended Contractual Methods For Resolving Delay Events Prospectively or Retrospectively Patrick M. Kelly, PSP Abstract: The reality of construction projects is that the oft-mandated methodology for granting a contract time extension is ignored during the press of work. This can result in a significant change in the risk allocation between the parties. The traditional risk allocation model requires performing a prospective time impact analysis (TIA), with agreements on time and money prior to corrective work commencing. Yet, when the work is performed before negotiation, the risk allocation has shifted significantly. This article makes recommendations for two contractual paths for resolution of changes with potential time impacts, to balance risk and responsibility for cost control. The first method, occurring prior to the start of corrective work, uses a prospective TIA to determine entitlement to time, and bilateral negotiation to manage costs. The second method occurs immediately upon completion of corrective work, tracks costs through stringent time and material cost accounting, and determines time through a contemporaneous period analysis. Having two methods for resolution gives project managers additional tools to resolve time-related issues early and prior to contract completion, minimizing potential disputes. This article was first presented as CDR.923 at the 2012 AACE International Annual Meeting in San Antonio, Texas. Key Words: Construction, contracts, cost, project management, and risk T he AACE Total Cost Management Framework, Section 10.3, “Change Management,” states: Change management refers to the process of managing any change to the scope of work and/or any deviation, performance trend, or change to an approved or baseline project control plan. The change management process is used to approve or disapprove changes in the scope and baseline plans, thereby closing the project control cycle loop. The process includes the identification, definition, categorization, recording, tracking, analyzing, disposition (i.e., approval or disapproval for incorporation into approved or baseline project control plans), and reporting of deviations, trends, and changes [14]. Furthermore, regarding the analysis of changes, “Section 10.3.2.5 “Assess Impact” states: Having defined the nature and cause of trends and the scope and cause of deviations and change requests, corrective action alternatives are developed and assessed using the forecasting process (Section 10.2). Forecasting applies the methods of integrated project planning (Chapter 7) in the context of a project that is progressing while demanding quick and effective change management decisions. The change management process may identify alternative actions to implement changes and to correct performance trends (including process improvements). These are generally simple action statements (e.g., “revise schedule logic”). The forecasting process develops the proposed action statements into actionable control plan alternatives for further assessment (e.g., “complete activity B before activity A”). Additional alternative actions may be identified in this process [15]. COST ENGINEERING NOVEMBER/DECEMBER 2013 29 This article does not address the correction of performance trends described in the TCM; however, deviations and change requests resulting in the need for analysis and possible alternative actions requires a proactive change management plan within the project controls process. The Problem While executing construction contracts, contractors often encounter problems which were not foreseen by either party, and which are not covered by the contract. Additionally, the needs of owners occasionally evolve after the award of a contract, necessitating a change to the contract. These issues can be described as having the following three parts. • • • The discovery of an interference or changed condition, (hereafter referred to as the, “event”); The time necessary to resolve the contractual issues related to the change, (hereafter referred to as the, “resolution time”); and, The work necessary to overcome the event and return to the original contract scope, (hereafter referred to as the, “added work”). For example, the discovery of an abandoned duct bank not shown on the plans would be the “event,” while the “added work” would involve the excavation and demolition of the duct bank. Once the added work is complete, the event has been overcome, and original contract work can resume. In between the event and the added work lies a lag time, during which the administrative processes designed to establish a means for payment and to determine the necessity of a time extension take place. This is the “resolution time,” and minimizing this time is a key way to reduce the overall impact of changed conditions. It is essential, however, to ensure that before the added work begins, the contractual methods to compensate the contractor (for both time and money) are in place. The contractor should not wish to proceed until there is assurance that he will be compensated for the time and effort associated with the added work. 30 Furthermore, it is very important that the owner be given the opportunity to understand the event and the implications of the added work, prior to that work taking place. It is possible that the cost or time implications of the added work may cause the owner to alter his plan for proceeding. The owner may, for instance, delete scopes of work in order to account for the time and money associated with the added work, or may use another contractor to perform the work. For some owners, whether or not to proceed with the work may be contingent upon whether the owner has sufficient funds to pay for the added work related to the changes. And, if money is available but on-time completion is a must, the owner may also need to decide whether to pay for acceleration of future work in order to meet the original contract completion date. All these options are denied to the owner when the contractor moves forward with work prior to analysis and agreements. Failure to reach any sort of formal agreement prior to the start of the added work therefore puts both parties at risk. It is in the interests of both parties to arrive at such an agreement as early as possible, but before the start of the added work. Figure 1—Elements of the Fragnet These three parts together make up the essential elements of the fragmentary network, or “fragnet,” which represent the total impact that the changed condition can have on the project. As a result of many of these events, resolution time, and added work, the contractor’s ability to finish the scope of work within the original contract duration may be impacted. Construction contracts need a method to analyze the effects of events and added work to the overall duration of the project. In a contract that requires CPM scheduling, the discussion of the COST ENGINEERING NOVEMBER/DECEMBER 2013 time effects of changes relates to whether the event and added work have impacted activities which define the project’s critical path. In other words, if the event and added work do not impact a critical activity, then it is merely impacting the float of a non-critical activity and not the overall duration of the project. When events such as these occur, the contractor is typically required to submit a request for time extension (RFTE) which provides analysis and justification for a modification to contract time, resulting from a critical path delay. In most contracts, the mandated form of RFTE is the time impact analysis (TIA). However, given the stringent requirements that exist for the correct performance of a prospective TIA, it is problematic to have this as the sole contractual means for resolution of a time-related dispute during project performance. Should there not be sufficient time to perform a TIA in a prospective manner, it is helpful to have an alternate means for the determination of entitlement to a time extension. On occasions where it is impractical to perform a prospective TIA, a contemporary period analysis (CPA) can show entitlement to a time extension in the period immediately following the completion of the event, resolution time, and added work. (Note that while this article refers to AACE Recommended Practice 29R-03, Forensic Schedule Analysis, it is intended that the CPA be conducted while the project is still in progress; that is, prior to project completion. In fact, it is best if the CPA is conducted in the update period immediately following the completion of the added work.) Closely linked to the analysis method that should be used to determine or control the aspect of changes related to time is the selection of the contract type that should be used to determine or control the aspect changes related to cost and risk. Construction Contracting: The Balance between Cost Control and Risk Construction is fraught with risks for both parties: risks to cost, time, and performance. Design of the construction contract is the process of building an agreement between the two competent parties—the owner and the contractor— that clearly defines the scope of work and establishes a price for the work (which contains a fair and reasonable profit). The contract serves as a legally binding agreement, wherein the contractor promises to perform the work described, and the owner agrees to pay. The Contract The contract consists of the basic agreement, which forms the legally binding agreement described above. It can also consist of supplemental agreements (also called modifications), when the basic agreement must be altered for some reason. A supplemental agreement will alter the contract in scope, quantity, or schedule. These supplemental agreements can either be bilaterally negotiated and agreed upon, or can be unilaterally issued by the owner. Beyond this basic definition of a contract, however, there are many different types of contracts, which are appropriate to use depending on the circumstances of the project. The Federal Acquisition Regulations (FAR), Part 16, Types of Contracts, provides a standard taxonomy for the contract types. (Clearly, not all construction projects are performed under the FAR; however, the FAR definitions are a convenient method of describing the many contract types in use in the industry.) FAR, Part 16, lists the following five major groups of contract types: • • • • • Fixed Price contracts [4]; Cost Reimbursement (CR) contracts [5]; Incentive contracts[6]; Indefinite Delivery (IDIQ) contracts [7]; and, Time and Materials (T&M) contracts [8]. For the purposes of this article, the three contract groups that are most relevant to the performance of an individual construction project are firm fixed price (FFP), CR, and T&M contracts. FFP contracts establish a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract [11]. The FFP contract is suitable for acquiring services on the basis of a reasonably definite functional or detailed specification, when the owner can establish a fair and reasonable price. A FFP contract usually establishes a price based on the contractor’s understanding of that developed scope of work, with respect also paid to market conditions and the likely prices of competitors also seeking the contract. Given that the price is fixed, maximum incentive for cost control is placed upon the contractor. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties. CR contracts allow for payment of allowable incurred costs, to the extent prescribed in the contract. These contracts establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that the contractor may not exceed (except at its own risk) without the approval of the contracting officer. A Cost-Plus-Incentive-Fee contract (CPIF contract) is a specific type of costreimbursement contract that provides for an initially negotiated fee to be adjusted later by a formula based on the relationship of total allowable costs to total target costs [12]. Such contracts should be used when circumstances do not allow the owner to define its requirements sufficiently to allow for a FFP contract, or uncertainties involved in contract performance do not permit costs to be estimated with sufficient accuracy to use any type of fixed-price contract. Since CPIF contracts use a predetermined formula for judging the contractor’s time and cost performance, and that formula calculates the level of profit that the contractor earned. In this way, the CPIF provides a method of incentivizing performance, though the incentive is often not as great as the potential incentive in a FFP contract. T&M Contracts allow for acquiring supplies or services on the basis of direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, and profit; and actual cost for materials [13]. A T&M contract may be used only when it is not possible at the time of placing the contract to estimate accurately the extent or duration of the work or to anticipate costs with any reasonable degree of confidence. A T&M contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, it is essential that the owner provide surveillance of contractor performance in order to ensure that efficient methods and effective cost controls are being used. Cost controls are therefore typically provided by daily submission of cost records, and proper cost accounting methods which will allocate labor and equipment specific to the event and added work. Generally speaking, the reasonableness of a price is established in one of the following ways: • • • • There is adequate price competition. There are reasonable price comparisons with prior purchases of the same or similar supplies or services made on a competitive basis or supported by valid certified cost or pricing data. Available cost or pricing information permits realistic estimates of the probable costs of performance. And, Performance uncertainties can be identified and reasonable estimates of their cost impact can be made, and the contractor is willing to accept a firm fixed price representing assumption of the risks involved. Among the factors that FAR, Part 16, recommends for consideration are the following [9]: • • Price competition—The process of full and open competition for a contract is generally accepted to create a fair and reasonable price. Multiple contractors bidding on a common scope of work will typically result in a situation where the lowest responsive bidder’s price represents the best price available for that scope of work within that particular market. This is typically how a reasonable price for a base agreement is reached, particularly in FFP contracts. Price analysis, or, if necessary, cost analysis—If full and open competition is not an option (for instance, in the creation of supplementary agreements) then it may become necessary for the COST ENGINEERING NOVEMBER/DECEMBER 2013 31 owner to analyze the proposed price or costs in order to determine reasonableness. Price or costs can be compared to the price or costs for similar services within similar markets, or can be compared to data in appropriate estimating guides. Type and complexity of the requirement — Complex requirements usually result in a greater level of risk being borne by the owner. This selection factor relates, at least in part, to the owner’s ability to fully define the scope of work. Urgency of the requirement—If the owner has a requirement that is urgent in nature, it is likely that the owner will be required to accept a contract type in which he accepts more of the risk. Adequacy of the contractor’s accounting system—If the owner is considering using a contract type other than FFP, it is essential that the owner verify that the contractor’s accounting system is sophisticated enough to support the additional cost accounting that CPIF and T&M contracts require. Given that the owner must rely on the contractor’s accounting system to provide the support for the reasonableness of the costs incurred, the owner will not want to issue a T&M or CPIF contract to a contractor who cannot support that level of accounting. Therefore, the selection of a contract type must balance all these factors, with an understanding that the selection of a contract type has implications for the price to perform the work and for the balance of risk and administrative requirements placed on each party. In • other words, and owner should not think that his administrative burden will be the same for a T&M contract as it is for a FFP contract—at least not if the owner intends to get the work performed in the most efficient manner possible. As the owner’s cost risk increases, the owner must be willing (and able) to • provide the additional oversight necessary to ensure that the costs are reasonable and fully documented. In the event that a contract cannot be FFP in its entirety, because of the particular circumstances of that project, then it is • possible (or even preferable) to combine contract types [10]. In these cases, specific portions of a project’s scope are performed under a sub-agreement that is a different contract type from the basic agreement. There are many different ways to contract for construction services. And, there are many different ways to analyze the time-related effects of a change to the scope of work. It is important, then, to pair the schedule analysis technique with the proper contract type (to be used in issuing the supplemental agreement), to achieve the proper balance of cost risk and profit incentive, while also accounting for the time in the best way The key factor, however, in selection possible. of a contract type is the balance of risk within the contract. Each contract type Path #1: The TIA and the FFP has a different method of allocating risk Supplemental Agreement between the two parties, and balancing AACE International’s Recommended that risk is the ability to define the Practice 52R-09, Time Impact Analysis – contract scope. In general, as the owner’s As Applied in Construction, describes the ability to fully define the scope of work TIA this way: increases, so does the owner’s ability to design a contract vehicle which places The TIA is a ‘forward-looking,’ more cost risk on the contractor. prospective schedule analysis Conversely, if the owner is unable to fully technique that adds a modeled delay define the scope, the owner will likely to an accepted contract schedule to have to accept more of the cost risk. determine the possible impact of Figure 2 shows the complex that delay to project completion. This relationship between the balance of cost practice is not recommended for a risk and the profit incentive, along with retrospective (hindsight or forensic) the level of scope definition that the view taken after a significant passage owner can provide. of time since the delay event [1]. 32 COST ENGINEERING NOVEMBER/DECEMBER 2013 Note that this article does not refer to AACE RP 29R-03, Forensic Schedule Analysis, in its definition of the TIA. The TIA described in RP 29R-03, Method Implementation Protocol (MIP) 3.7, is a retrospective TIA. This article is providing a prospective perspective, in as much as the TIA is concerned. The inherently retrospective nature of the CPA (MIPs 3.3 and 3.4) will be addressed separately, in a manner that is in keeping with the recommended contract type. A TIA compares two schedules with the same data date—one schedule that does not represent the event, resolution time, or added work, and one schedule that does represent the event, resolution time, and added work through the addition of activities and logic. The first schedule is the most recently accepted schedule with a data date prior to the event—the “unimpacted schedule.” (Note that it is a good practice, if the unimpacted schedule does not adequately represent the status of progress at the time of the event, that it should be statused and updated to the day just prior to the event.) The second schedule has the same data date, but also contains the fragnet— those added activities and logic which represent the event, resolution time, and added work. This is the impacted schedule. The comparison of the completion dates of the two schedules (before and after the fragnet) determines whether there is entitlement to a time extension. In figure 3, a fragnet has been inserted in the impacted schedule, affecting the start of Activity A. As a result, the predicted completion date was delayed from July 12, 2012, to August 1, 2012. The difference between the two schedules’ predicted completion date is the basis of the negotiations for a time extension. With regards to entitlement, however, the reviewer must remember that the existence of a delay does not necessarily equate to entitlement to a time extension. There are any number of issues which can delay a project which are not excusable (such as contractorcaused delay events), or which are excusable but non-compensable: Figure 2—Balance of Risk and Profit (meaning time but no money, such as force majeure events like weather delays). Therefore, the reviewer must determine whether the event is excusable and compensable, in terms of the contract. Given this understanding of the technical process necessary to perform a proper prospective TIA, it is important to note that the creation of a fragnet— before the performance of the added work—that accurately represents everything the contractor will have to do in order to overcome the change and return to base contract work, is in fact directly related to the owner’s ability to define the scope of work. In this way, the prerequisite for selection of this methodology is very similar to the prerequisite for using a FFP contract. And, in fact, the bilateral supplemental agreement that would be the result of this version of the change process is a small FFP contract—the owner and contractor are agreeing up front on a scope of work to be performed, a time to perform it, and a price. The contractor then has control of his costs (and by extension his profit), but also is responsible for conforming to the time for performance. The risk is appropriately balanced between the parties, since the analysis method and the contracting method are aligned. Note that the TIA process itself does not directly address the cost aspect of changes. RP 52R-09 states: This TIA practice concerns itself with time aspects, not cost aspects of projects. The time impact must be quantified prior to determining any cost implications. No practical advantage is obtained by including cost factors into a time impact analysis. Linking time and cost into one analysis implies that time impacts are a function of costs, which for the purposes of a prospective TIA is not true. Separating time analysis from cost analysis makes TIA inherently easier to accomplish and accept contractually; eliminating the costdriven considerations from both ‘creator’ and ‘approver’ of the TIA [2]. As discussed above, the reasonableness of FFP contracts is most commonly determined through price competition. In absence of price competition, FAR, Part 16, suggests price or cost analysis. Therefore, if a delay is shown to exist, the reviewer must then conduct the process of determining the reasonableness of the costs requested by the contractor. The costs will, in this case, include both direct costs (those costs related to the labor and materials necessary to perform the work) and indirect costs (the time-related costs associated with the extended contract duration). On the other hand, if an event is shown to not have an effect on the critical path, the reviewer must still determine whether that change had any cost COST ENGINEERING NOVEMBER/DECEMBER 2013 33 supplemental agreement. Instead, owners and contractors should use an alternate path to resolution. Figure 2—Balance of Risk and Profit impacts to the contractor. In this case, there should only be direct costs, since there are no time-related costs. The reviewer should also consider the possibility that the changes that have not affected the critical path may have caused disruption to the contractor’s work. The contractor is also possibly due these costs related to disruption (to the extent they can be quantified). Ignoring the non-critical impacts of changes, however, will deprive the contractor of money he is likely due, and increase the chances that the contractual relationship will become adversarial. This pushes the contract closer to claim. It is important to understand that the time between the occurrence of the event and the start of added work—the resolution time—must be minimized as much as possible, but that the resolution time is necessary to ensure that the time and cost of the added work is fair and reasonable and that the contractor has an incentive to keep his costs and performance period within reasonable boundaries. The resolution time, then, is 34 the price that the owner pays to ensure a finalized resolution of changes which are his responsibility. Should the owner choose to actively avoid spending resolution time on finalizing a supplemental agreement, or passively avoid it by allowing the contractor to proceed with added work prior to the supplemental agreement, the owner is likely to find himself in a situation where he is either paying too much for a change, or is involved in a post-completion claim. However, use of this combination of analysis technique and contract type is also predicated upon the urgency of the work. It is possible that once the event occurs, both parties can immediately agree (with a reasonable level of certainty) that the added work will affect the critical path. Furthermore, the owner may believe that time is more important than money, and that he would prefer the contractor to immediately begin the added work (thus minimizing or eliminating the resolution time). In these cases, Path #1 (the TIA/FFP option) is not valid for reaching a COST ENGINEERING NOVEMBER/DECEMBER 2013 Path #2: The CPA and the T&M (or CPIF) Supplemental Agreement The second possible path for resolution of changes involves using a T&M contract type (or possibly a CPIF, if the owner’s contracting organization is sufficiently sophisticated to handle the development and execution of the formulas for calculating the incentive fee). As discussed, the T&M contract type is used when the owner cannot sufficiently define the scope of work, or when the urgency of the work is such that the owner is willing to accept a greater portion of risk in order to achieve faster completion (i.e., minimizing the resolution time to the maximum extent possible). In cases where the owner cannot sufficiently define the scope, it is not realistic to compel the contractor to estimate, with any degree of accuracy, the durations of activities for the added work. However, with most contract specifications, the prospective TIA is the only method available to the contractor to justify an RFTE. The other option—to perform the work without a supplemental agreement, and “take care of it at the end of the project”—is unacceptable because it can confuse the parties as to where the responsibility for cost and time control lies. If both parties think that the other is responsible for controlling costs and time, it is likely that neither party will pay the appropriate amount of attention to these factors. It is here that the seeds of disputes and claims related to changes are planted, and it is because of these incongruities that a second path is needed. According to AACE RP 29R-03, Forensic Schedule Analysis, Method Implementation Protocols (MIP) 3.3 and 3.4 are commonly called, “windows analysis or contemporary period analysis” [16]. This will be the common term used to describe these two methods, and the method will be further described and refined herein. The CPA “is retrospective technique that uses the project schedule updates to quantify the loss or gain of time along a logic path and identify the causes. Although this method is a retrospective technique, it relies on the forward-looking calculations made at the time the updates were prepared. That is, it primarily uses the information to the right of the updates’ data date.” Furthermore, RP 29R-03 states: “[The Contemporaneous Period Analysis] is an observational technique since it does not involve the insertion or deletion of delays, but instead is based on observing the behavior of the network from update to update and measuring schedule variances based on unaltered, existing logic models.” Because the method uses schedule updates whose logic may have changed from the previous updates, as well as from the baseline, it is considered a dynamic logic method. It is labeled contemporaneous because the updates it relies on were prepared contemporaneously with the project execution…. [17]. A CPA compares two schedules with successive data dates. The first schedule is the most recently accepted schedule with a data date prior to the event. For the purposes of this article, this will be called the “pre-impact schedule.” (Note that it is a good practice, if the pre-impact schedule does not adequately represent the status of progress at the time of the event, that it should be statused and updated to the day just prior to the event). The second schedule is the next update schedule after the completion of the added work. For the purposes of this article, this will be called the “postimpact schedule.” This schedule will be logically identical to the pre-impact schedule. The only difference between the two schedules should be the inclusion of status information—actual start and finish dates, percents complete, and remaining durations—to represent the progress of activities which were originally included in the schedule series, and a series of added activities for the fragnet. It is very important to note, however, that these fragnet activities will be added to the left of the data date, so that they do not affect the forward and backward pass calculations of the CPM algorithm. In this way, the scheduler can help document the responsibility for different portions of the delay shown in the analysis. The fragnet will not, however, forward-project the effects of future delays. No activities should be added to the right of the data date, and the critical path of the post-impact schedule will be driven by the progress information input into the original schedule activities, rather than by the effects of the fragnet. For a detailed discussion of documenting delays in this manner, see reference [3]. In figure 4, the pre-impact schedule, calculated as of Feb. 4, 2012, shows a predicted completion date of July 12, 2012. The post-impact schedule has been statused with progress information through the next update’s data date, March 4, 2012. Note that activities for the event, resolution time, and added work have been added to the post-impact schedule, but that they are all actualized at 100 percent complete and cannot affect the CPM calculations. The progress information also shows that Activity A and Activity B started and progressed; however, the start of Activity A was delayed to the point where the critical path was delayed overall. The fact that Activity A has delayed the critical path (regardless of cause or responsibility) makes Activity A the “causal activity.” Because of the effects of the start delay to the causal activity, the post-impact schedule shows a later predicted completion date. The difference in predicted completion dates between these two schedules is the duration of the time extension in the final supplemental agreement. It is possible that after the postimpact schedule has been submitted, that either or both of the parties may decide that it is preferable to condense the remaining portion of the work in order to regain the original predicted completion date. In these cases, it is preferable to submit a third schedule, having the same data date of the postimpact schedule but containing network revisions to the uncompleted schedule activities. These network revisions may represent compensable acceleration, or possibly the deletion of other future work, in order to regain the completion date. This “post-impact revised schedule” can serve as the basis for additional negotiation and compensation, which can be definitized in either the second supplementary agreement or in a separate supplementary agreement, depending on the needs of the project. However, it is very important to use separate schedules for the post-impact schedule and the post-impact revised schedule, so that the effects of progress (i.e., the delay to the causal activity caused by the actualized fragnet) can be clearly separated from the effects of network revisions (i.e., revisions to future activities, logic, or durations). Only by separating these two schedules can the reviewer clearly delineate responsibility for the gains or losses seen in the schedules, and provide justification to the contracting authorities for the size of the costs and time in each of the extensions. In figure 5, the remaining duration of Activity A, as well as the original durations of Activities C and D, were reduced in order to regain the original predicted completion date of July 12, 2012. Note that the comparison of the preimpact schedule to the post-impact schedule is a simple Contemporaneous Period Analysis, as described in MIP 3.3, whereas the comparison of the preimpact schedule to the post-impact schedule to the post-impact revised schedule is a Bifurcated Contemporaneous Period Analysis, as described in MIP 3.4. The difference lies in the existence of network revisions and in the quantification of responsibility for those revisions as they relate to changes in predicted means and methods. This more immediate implementation of the CPA (i.e., using the two updates encompassing the fragnet as soon as the added work is complete, rather than waiting until the end of the project an performing a full CPA across the project) is the main way in which this implementation differs from the one described in RP 29R-03. While the methodology is the same, the methodology described in RP 29R-03, is generally performed on the entire duration after project completion. This article envisions the CPA as a part of the in-stream project management process. COST ENGINEERING NOVEMBER/DECEMBER 2013 35 In other words, while the analysis is technically a retrospective analysis, it is being performed contemporaneous with project progress, and as soon after the completion of the added work as possible. This results in a basis for approval of an RFTE as early as possible. Schedule specifications can be designed to create this second path, that would establish a general scope of work (detailed to the extent possible), a first supplemental agreement that would establish a basis of payment (most likely a T&M contract that will cover direct costs and profit), and an agreement that the time effects of the change would be judged using a CPA immediately following the completion of the added work. The CPA would result in an agreement on the time impact of the event, resolution time, and added work. This time impact would then be included in a second supplemental agreement which would compensate the contractor for the time and indirect costs associated with the change. The need for owner-provided oversight to costs is essential in Path #2. As described in FAR, Part 16, the contractor has little incentive to control costs in a T&M contract, and in fact has a much smaller profit incentive than with a FFP contract. It must be clear in the specification (and in the first supplemental agreement establishing the T&M) that the contractor is required to provide detailed cost accounting records, establishing a relationship between all the labor, equipment, and materials that are used in the execution of added work. This data should be submitted daily, and the owner must have personnel on staff that is capable of reviewing the information, establishing a correlation between the written records and the work observed in the field, and verifying the reasonableness of the costs through detailed cost analysis. If the contractor cannot provide this level of cost accounting, or the owner cannot provide this level of administrative support and analysis, then Path #2 is not an appropriate method for establishing a cost and time basis for a supplemental agreement. If that is the case, then the owner must accept that he cannot minimize the resolution time, and must spend as much 36 Figure 4—Contemporaneous Period Analysis time as necessary to fully develop the scope of the added work, such that Path #1 becomes feasible. Furthermore, by including language in the schedule specification describing a methodology for use after an event has occurred, the owner has provided for a means to analyze the schedule retrospectively. If no agreement can be reached during the project on the time impacts, the CPA becomes the method for analyzing the project’s delays after the fact. This averts any assertion that the TIA is the “contractual method for establishment of entitlement to a time extension.” The use of a TIA after the fact would mean performing a retrospective TIA. While there are occasions when such an analysis may be necessary, retrospective TIAs are very difficult to perform, commonly misrepresent delays and their impacts, and tend to ignore the contemporaneous understanding of criticality [18]. Recommended specification language describing this process is included as Attachment #1. COST ENGINEERING NOVEMBER/DECEMBER 2013 Conclusion The goal of this project management method is to minimize the resolution time, while ensuring that the risks for cost and time control are well-defined and definitized in a supplemental agreement. Note that in both paths, a supplemental agreement to the contract is in place prior to the start of the added work. However, in Path #2, the finalized agreement for time is left until after the work is complete. But a T&M (or CPIF) agreement is already in place for the work. The contractor is not performing work without an agreement in either case. Performing work without an agreement is a good way to drive the project to claim. But it also the goal of this project management method to ensure that the analysis methodology is linked with an appropriate contractual methodology, in order to have similar levels of responsibility and risk balance. For Path #1, the TIA is a method that prospectively estimates the time necessary to perform the added work and whether that time will impact the critical time and cost before start of added work. This may lengthen the resolution time, but will benefit the owner in the long run because the risk is placed on the contractor, in a manner consistent with the FFP nature of the basic agreement. The contractor, however, should not fear Path #1. Because of his experience with construction, the contractor is likely in a position of superior knowledge, and in a FFP agreement his profit incentive is maximized. However, as discussed, Path #2 has its benefits, most notably in that it minimizes resolution time and limits the need for full scope definition. These benefits come with clear trade-offs for the owner, who will bear significantly more risk under this scenario. And both parties will be under significant administrative burden, for cost accounting and delay analysis, using this method. Regardless of the method used, however, it should be the goal of both parties to reach agreement on the time and cost impacts of changes as early as possible. Having two paths will maximize Figure 5—Regaining Schedule Through Revisions the opportunities for resolution of these path. The FFP supplemental agreement is This is the proper balance of analysis changes, and as a result minimize the a method that prospectively estimates methodology and contract method. If chances for disputes. ◆ the cost of performing that work. In both the parties mix these methods, it is likely cases, the contractor is responsible for that a muddled contractual situation will REFERENCES the estimation and is in the position to result. For instance, if the contractor 1. Calvey, Timothy T.; and Ronald M. Winter. Overview, RP 52R-09, Time control the costs and the time, in order to receives a FFP supplemental agreement Impact Analysis – As Applied in come in under budget on both. As a for direct costs related to the added Construction, AACE International, pg. result, the contractor has the best work, but no agreement is reached 1. opportunity to maximize profits. between the parties as to how the time 2. Calvey, Timothy T.; and Ronald M. For Path #2, the CPA is a method that impacts will be judged and paid, the Winter Overview, RP 52R-09, Time retrospectively determines the time that contractor is essentially operating in an Impact Analysis – As Applied in was taken to perform the added work informal T&M environment. Construction, AACE International. and how much of that time impacted the The contractor is in a position where pg.1. critical path. The T&M supplemental it may be to his benefit to perform the 3. Carson, Christopher W. “Claims agreement is a method that work at a slower rate than possible in Analysis Nested in Schedule retrospectively tracks the costs expended order to maximize indirect costs and Updates,” AACE International in performing the work. In both cases, associated profits; however, the Transactions (2006): PS.06. the contractor is operating without a contractor will be unsure of whether he 4. Federal Acquisition Regulations clear upper boundary, and work is being will be given a supplemental agreement through FAC 2005-55, Subpart 16.2, performed at the owner’s cost and time for these indirect costs. In that same Fixed Price Contracts, effective risk (more or less). In this case, the owner case, since the contractual responsibility January 3, 2012. must provide significantly greater for performance is unclear, the owner will 5. Federal Acquisition Regulations oversight to ensure that costs and time be in a position where he may not notice through FAC 2005-55, Subpart 16.3, are reasonable. As a result, the that the responsibility has, by default, Cost Reimbursement Contracts, contractor is in a position where his risk fallen to him to ensure performance. effective January 3, 2012. of exceeding costs is less, but his profits The best method for the owner is 6. Federal Acquisition Regulations will likely be lower. likely Path #1, and to use it means that FAC 2005-55, Subpart 16.4, through the owner must achieve agreement on COST ENGINEERING NOVEMBER/DECEMBER 2013 37 Incentive Contracts, effective January 3, 2012 7. Federal Acquisition Regulations through FAC 2005-55, Subpart 16.5, Indefinite-Delivery Contracts, effective January 3, 2012. 8. Federal Acquisition Regulations Through FAC 2005-55, Subpart 16.6, Time-and-Materials, Labor-Hour, and Letter Contracts, effective January 3, 2012. 9. Federal Acquisition Regulations through FAC 2005-55, Subpart 16.104, Factors in Selecting Contract Types, effective January 3, 2012. 10. Federal Acquisition Regulations through FAC 2005-55, Subpart 16.104, Factors in Selecting Contract Types, effective January 3, 2012. 11. Federal Acquisition Regulations through FAC 2005-55, Subpart 16.202, Firm-Fixed-Price Contracts, effective January 3, 2012. 12. Federal Acquisition Regulations through FAC 2005-55, Subpart 16.304, Cost-Plus-Incentive-Fee Contracts, effective January 3, 2012. 13. Federal Acquisition Regulations through FAC 2005-55, Subpart 16.601, Time-and-Materials Contracts, effective January 3, 2012. 14. Holloman, John K., ed. Section 10.3, Change Management, Total Cost Management Framework. First Edition, AACE International, pg. 215. 15. Holloman, John K., ed. Section 10.3.2.5, Access Impact, Total Cost Management Framework. First Edition, AACE International, pg. 219. 16. Hoshino, Kenji P. Section 3.3 Observational/Dynamic/Contempora neous As-Is (MIP 3.3) and Section 3.4 Observational/Dynamic/ Contemporaneous Split (MIP 3.4). RP 29R-03, Forensic Schedule Analysis, Pgs. 43-55. 17. Hoshino, Kenji P. Section 3.4 Observational/Dynamic/Contempora neous Split (MIP 3.4) RP 29R-03, Forensic Schedule Analysis, Pg. 51. 18. Livengood, John. “Retrospective TIAs: Time to Lay Them to Rest,” AACE International Transactions, (2007): CDR.08. ABOUT THE AUTHOR Patrick M. Kelly, PSP, is with Arcadis. He can be contacted by sending e-mail to: Patrick.kelly@arcadis-us.com INTERNATIONAL ADVENTURER TO KEYNOTE 2014 INTERNATIONAL TOTAL COST MANAGEMENT CONFERENCE IN BANGKOK, THAILAND AACE International announces that Khoo Swee Chiow, noted adventurer and inspirational speaker, will deliver the keynote address at the November 12-13, 2014 International Total Cost Management Conference (ITCMC) in Bangkok, Thailand. The theme of the 2014 ITCMC will be “Taking TCM to A Higher Level.” Swee Chiow has climbed Mt Everest three times, skied to the South and North Pole, climbed the Seven Summits, cycled from Singapore to Beijing, swam across the Malacca Strait, kayaked across the Philippines and holds two Guinness World Records. In 2012, after many years of preparations, Swee Chiow finally climbed K2, considered to be the toughest and most dangerous mountain in the world. As an inspirational keynote speaker, Swee Chiow has addressed more than 365 audiences. Swee Chiow draws from his personal experiences of over 40 expeditions and translates those experiences into lessons relevant to the audience. He speaks on topics such as vision, teamwork, leadership, determination, planning, risk assessment, handling failure, passion and courage. The 2014 International Total Cost Management Conference will be held November 12-13 at the Millennium Hilton Bangkok, Thailand. The conference will be a two-day meeting that will commence with the opening plenary session on November 12 featuring a Swee Chiou as the keynote speaker. The program then will divide into two tracks of peer-reviewed technical presentations over the balance of the two days. Registration for the Bangkok conference is available at www.aacei.org. 38 COST ENGINEERING NOVEMBER/DECEMBER 2013 Add-on Software for P6/EPPM Introducing PROJECT WATCH™ The only software program that shows the P6 or EPPM System Administrator everything that is happening in real-time. P • Monitor All Projects & Users • Coordinate Access • Analyze Operations Schedule Analyzer EnterpriseTM The affordable solution for your Baseline and Update Reviews guaranteed to reduce your review time to less than half! SA e • Direct to Database • Hundreds of Analyses • Built-In Report Writer Find out more at http://ScheduleAnalyzer.com SAVE THE DATE 2014 ANNUAL MEETING www.aacei.org/am/currentAM/ AACE INTERNATIONAL’S 2014 NEW ORLEANS June 15-18 Sheraton New Orleans Hotel Don’t miss out on this excellent opportunity to network with your peers, earn CEUs/PDHs and attend the latest papers on cost, schedule and management at AACE’s 2014 Annual Meeting in New Orleans, LA, USA. PROFESSIONAL SERVICES DIRECTORY Infrastructure Project Estimating ipe Consulting Services Estimating Software Infrastructure Cost Data www.infrastructurecost.com The Chief Estimator Software YOUR VISIBILITY INDEX TO ADVERTISERS ARES Corporation, back cover Bechtel Corporation, page 3 D.R. McNatty and Associates, this page EcoSys, inside front cover Infinitrac, this page ipe, this page Ivan Devall, this page Management Technologies, this page Ron Winter Consulting, page 38 For additional information about the listed advertisers or about advertising with us, please phone Garth Leech, 1.304.296.8444 x122, or e-mail him at gleech@aacei.org 40 COST ENGINEERING NOVEMBER/DECEMBER 2013 ADVERTISE IN AACE INTERNATIONAL PUBLICATIONS Contact Garth Leech phone 304-296-8444 fax 304-291-5728 e-mail gleech@aacei.org ARTICLE REPRINTS AND PERMISSIONS COST ENGINEERING Vol. 55, No.6/November/December 2013 Members of AACE International have access to free downloads of selected articles that are published with an AACE International reference number. These articles are available at the online Virtual Library at www.aacei.org. Electronic files of each month’s technical articles are posted and members can download an Adobe Acrobat (PDF) version of any of the technical articles for free. You can search for articles using the reference numbers listed in the Cost Engineering journal. Non-members can subscribe to the AACE Virtual Library at an annual cost of US $100.00. AACE International no longer offers reprints of individual articles. Pages 4-14 Forensic Schedule Analysis — Chapter 2: Delay Analysis On Non CPM Scheduled Projects James G. Zack Jr., CFCC FAACE and Steven A. Collins This article was first presented as CDR.815 at the 2012 AACE Annual Meeting in San Antonio. Article Reference Number - 22215 Pages 17-27 Forensic Schedule Analysis: Example Implementation, Part 3 Mark C. Sanders, PE CCP CFCC PSP To Submit an Abstract/Manuscript Cost Engineering is a refereed journal. All technical articles are subject to a review by the AACE International Cost Engineering Journal Review Committee. Abstracts are only accepted in our annual AACE “Call for Papers” for our Annual Meeting and ITCM Conference. Accepted abstracts must be followed up with a full approved manuscript that is presented and attendee evaluated at one of the AACE Annual Meetings or ITCM Conferences. Top rated manuscripts will be considered for publication in the CE journal. Any unsolicited abstracts received at other times throughout a year will receive an e-mail notice to submit in our next “Call for Papers.” This article was first presented at the 2012 AACE Annual Meeting in San Antonio, Texas. Article Reference Number - 22216 Pages 29-38 Recommended Contractual Methods For Resolving Delay Events Prospectively or Retrospectively Patrick M. Kelly, PSP This article was first presented as CDR.923 at the 2012 AACE International Annual Meeting in San Antonio, Texas. Article Reference Number - 22217 To Subscribe Contact AACE International Publications Sales at: pubsales@aacei.org Contact Us AACE International 1265 Suncrest Towne Centre Dr Morgantown, WV 26505-1876 USA Phone: 304.296.8444 Fax: 304.291.5728 E-mail: editor@aacei.org Website: www.aacei.org Copyright/Permissions Cost Engineering is a copyright protected AACE International intellectual property product. For permission to photocopy individual articles for personal use, contact the Copyright Clearance Center at 978.750.8400 and pay the required fees. For all other permission to use, copy, translate, reprint requests, e-mail: editor@aacei.org. COST ENGINEERING NOVEMBER/DECEMBER 2013 41 AACE INTERNATIONAL ONLINE STORE more online at www.aacei.org Skills and Knowledge of Cost Engineering, 5th Edition, Revised Scott J. Amos, Editor, 2007 This updated and expanded guide for fundamentals is an excellent choice for anyone interested in a concise reference to all aspects of the profession. The new 5th edition includes twenty-seven chapters on estimating, manufacturing and operating costs, scheduling, planning progress and cost control, and much more. This is a very useful book for those studying for the certification exam. 450 pages 1595-02zip - Download - US$50.00 member/US$80.00 nonmember Paper version available through our Amazon.com link CCC/CCE Certification Study Guide, 3rd Edition Michael B. Pritchett, CCP, Editor, 2006 The AACE International CCC/CCE Certification Study Guide provides an all-encompassing reference text to prepare for the exam. The CCC/CCE Certification Study Guide provides background information on how to become certified; gives those studying for the certification exam a single reference text that includes theory, worked problems with answers, references, and a full discussion of key topics; allows students to maximize their study time; and provides a concise overview of the fundamentals of cost and project management. 1825-36zip - Download - US$45.00 member/US$55.00 nonmember Paper version available through our Amazon.com link PSP Certification Study Guide, 1st Edition Peter W. Griesmyer, Editor, 2008 This study guide is intended to assist you in your study and review of the overall topics as one step toward successful Planning and Scheduling Professional certification. The outline provides a listing of the terms you should know & topics for which you should have a good understanding of how to apply the concepts to solve problems. Each chapter also contains sample exercises, which test your knowledge of that chapter's concepts. Additional sample questions are provided in an appendix. 1820-38zip - Download - US$45.00 member/US$55.00 nonmember Paper version available through our Amazon.com link EVP Certification Study Guide, 2nd Edition Ken Cressman, CCP EVP and Gary C. Humphreys, Editors, 2009 This study guide is intended to assist you in your study and review of the overall topics as one step toward successful Earned Value Professional certification. The outline provides a listing of the terms you should know & topics for which you should have a good understanding of how to apply the concepts to solve problems. Each chapter also contains sample exercises, which test your knowledge of that chapter's concepts. 1820-40zip - Download - US$45.00 member/US$55.00 nonmember Paper Version available through our Amazon.com link Cost Engineering The international journal of cost estimation, cost/schedule control, project management, and total cost management. Subscriptions are accepted on an annual basis. An automatic benefit of AACE International membership, also available to nonmembers. 5060-07 - US$72.00 (US) - US$90.00 (other countries) Please add US$8.00 for airmail - US$61 electronic subscription Cost Engineers’ Notebook This CD-ROM is an important reference for any project or cost professional. It includes data and procedures related to basic skills and knowledge that all cost engineers should possess, extensive material on capital and operating cost estimation, and papers in four subject areas: cost control, planning and scheduling, project management, and economic analysis and business planning. 4060-28zip - Download - US$65.00 member/US$80.00 nonmember AACE International Recommended Practices Cost Engineering Terminology; Cost Estimate Classification System; Estimate Preparation Costs in the Process Industries; Project Code of Accounts; Required Skills and Knowledge of a Cost Engineer; Roles and Duties of a Planning and Scheduling Engineer; Profitability Methods; plus many more. 4060-05zip - Download - US$70.00 member/US$110.00 nonmember The Total Cost Management Framework John K. Hollmann, PE CCP, Editor, 2012 4060-20zip - Download - US$50.00 member/US$80.00 nonmember Paper Version available through Amazon.com 2013 AACE International Transactions 5220-13 zip Download - US$90.00 member - US$115.00 nonmember For CD-ROM version please contact AACE International Headquarters The The AACE AACE International International Professional Professional Practice Practice Guides Guides (PPGs) (PPGs) Value; Earned Value Reporting; Applications of Earned Value Project Management; and more. PPG#6: Construction Cost Estimating, 3rd Ed. Dr. Douglas D. Gransberg, PE CCP, and Carla Lopez del Puerto, CCP, Editors, 2011 Covers: Recommended Practices; Estimating Theory; Conceptual, Parametric, and Range Estimating; Estimating Factors and Indices; Estimating Material Costs and Quantity Surveying; Estimating Labor Costs; Estimating Equipment Costs; Subcontracting Costs; Estimating Overhead and Indirect Costs; Profit, Contingencies, and Mark-Ups; Estimating International Construction Costs; and more. (PPGs) are a series of reference s that consists of selected Cost Engineering articles, AACE International Transaction papers, and other previously published documents to which AACE has rights. Price per PPG: Download Member Price US$50.00 Download Non-Member Price US$70.00 Price for the PPG Package includes all 21 PPGs: Download Member Price US$874.00 Download Non-Member Price US$1223.00 PPG#1: Contracts and Claims, 4th Ed. James G. Zack Jr., Editor, 2008 Covers: Contract Administration; Management of Construction Schedules; Schedule Control; Schedule Float Ownership; Cost Control; Management of Change; Cost Impacts; Productivity Impacts; Management and Analysis of Delay; Concurrent Delay Issues; Pricing of Delay; and more. PPG#2: Risk, 3rd Ed. David C. Brady, P.Eng., Editor, 2012 Covers: Dictionary; Capital Investments; Cash Flow; Competitive Bidding; Contingency Analysis; Contracts; Cost Engineering; Currency Rates; Decision Trees; Economic Analysis; Escalation; Human Factors; Manufacturing; Research & Development; Safety & Health; Schedule; Technological Risk; and Value Engineering. PPG#3: Cost Engineering in Aerospace and Aviation Sarwar A. Samad, Editor, 1998 Covers: Aerospace and Aviation. PPG#4: Planning and Scheduling, 3rd Ed. Trevor X. Crawford, CCP, Editor, 2011 PPG#7: Cost Engineering in the Utility Industries, 2nd Ed. Dennis M. Thompson, Editor, 2007 Covers: Auditing; Cost Estimating; Cost Modeling; Cost/Schedule Control; Generation Power Plant; Natural Gas Industry; Nuclear Power Plant; Other Energy Related Topics; Planning and Scheduling; Project Management; Utility Rates; and Utility Property Valuation. PPG#8: Contingency, 3rd Ed. Kul B. Uppal, PE CEP, Editor, 2010 PPG #15: Life-Cycle Cost Analysis Dr. Carla Lopez del Puerto, CCP, and Dr. Douglas D. Gransberg, PE CCP, Editors, 2012 Covers: Life-Cycle Cost Theory; Life-Cycle Cost Methods, Determining Discount Rate; Estimating Capital Cost of Design and Construction; Estimating Operating Costs; Estimating Salvage/Residual Value; Estimating Sustainability; Life-Cycle Cost Risk Analysis; Life -Cycle Cost Case Studies; Life-Cycle Cost Analysis in the International Context PPG #16: Cost Engineering in the Global Environment, 2nd Ed. Kul B. Uppal, PE, Editor, 2011 Covers: General Topics on International Projects; Applicable AACE International Recommended Practices; Cost Estimating Methodology; Risk and Contingency; and Miscellaneous Topics PPG #17: Public Sector Estimating PPG #10: Project Delivery Methods, 2nd Ed. Covers: Basis of Estimates; Labor Costs; Overhead and Profit; Soft Costs; Bid/Estimate Reconciliation; and Change Orders Dr. Douglas D. Gransberg, PE CCP, Tammy L. McCuen, and Keith Molenaar, Editors, 2008 Covers: Design-Bid-Build (DBB) – DBB Estimating, DBB Scheduling, DBB Project Management; Construction Management (CM) – CM Estimating, CM Scheduling, CM Project Management; Design-Build (DB) – DB Estimating, DB Scheduling, DB Project Management; International Project Delivery; Constructability; and Partnering. PPG #11: Environmental Remediation & Decommissioning, 2nd Ed. Richard A. Selg, CCP, Editor, 2009 Covers: Environmental Remediation Planning and Scheduling Methodology; Cost Estimating, Project Controls, Cost Modeling, and Reporting; Contingency Management, Risk Analysis, and Environmental Regulations; Benchmarking and Lessons Learned; Economics of Environmental and Waste Management; Cost-Effective Waste Minimization and Pollution Prevention; Design, Construction Practices, and Other Related Topics. PPG #12: Construction Project Controls, 2nd Ed. Dr. Douglas D. Gransberg, PE CCP, and Eric Scheepbouwer, Editors, 2010 Covers: Introduction to Construction project Controls; Cost Control; Schedule Control; Quality Control; Document Control; Computer Applications; and International Project Controls PPG #13: Parametric and Conceptual Estimating, 3rd Ed. Larry R. Dysert, CCP CEP, and Todd W. Pickett, CCP CEP, Editors, 2012 PPG#5: Earned Value, 2nd Ed. Covers: Parametric/Conceptual Estimating; Classification; Methodology; Capacity Factoring; Process and Non-Process Industries; and Systems Covers: Why Use Earned Value?; Basics of Earned Value; Cost/Schedule Control System Criteria; Actual Physical Percent Complete; Productivity and Earned Covers: Enterprise Management: General Imperatives and Concerns; Asset Requirements Elicitation and Analysis; Asset Planning and Investment Decision-Making; Asset Performance Assessment and Change Management; and Program Management. Covers: General Topics On Contingency; Cost Estimating and Contingency; Risk Analysis and Contingency; and Other Related Topics. Covers: Planning; Schedule Development; Schedule Management/Control; and Classics. Robert A. Marshall, Editor, 2007 PPG #14: Portfolio and Program Management, 2nd Ed. Randy R. Rapp, PE CCP, Editor, 2007 Joseph L. Macaluso, CCP, Editor, 2007 PPG #18: Green Building, 2nd Ed. Joseph L. Macaluso, CCP, Editor, 2012 Covers: Recognition of Affects and Economic Costs on the Environment; Formulating Ways of Addressing Green Building Strategies and Associated Economic Costs; Specific Green Building Strategies and Project Costs; Budgeting and Justifying the Cost of Sustainable Practices; Evaluating Competing Sustainable Strategies: Using Value Engineering; Evaluating Competing Sustainable Strategies: Other Techniques PPG #19: Leadership and Management of People John J. Hannon, CEP, Editor, 2008 Covers: Leadership; Teams; Leadership Roles; Motivation; and Ethics. PPG #20: Forensic Schedule Analysis James G. Zack, Jr., CFCC, Editor, 2008 Covers: Recommended Practice No. 29R-03 Forensic Schedule Analysis; Synopsis of Recommended Practice; Basics of Schedule Delay Analysis; MIP-Observational Static Gross; MIP-Observational Static Periodic; MIP-Observational Dynamic Contemporaneous As-Is; MIP-Observational Dynamic Contemporaneous Split; MIP-Observational Dynamic Modified or Recreated; MIPModeled Additive Single Base; MIP-Modeled Additive Multiple Base; MIP-Modeled Subtractive Single Simulation; Non-CPM Schedule Delay Analysis Techniques; General Schedule Analysis Articles PPG#21: Cost Engineering in the Process Industries Kul B. Uppal, PE CEP, Editor, 2009 Covers: General Topics on Process Industries; Cost Estimating Methodology; Project Management; International Projects; Scheduling; Construction Activities; Risk Management; Project Controls; and Applicable AACE International Recommended Practices. More AACE Publications at the Online Store - www.aacei.org CALENDAR OF EVENTS NOVEMBER 2013 FEBRUARY 2014 NOVEMBER 2014 1-3 Fall Symposium 2013, 26-28 2014 Int’l Roofing Expo, 11-13 AACE International Total Cost Management Conference, AACE International Millenium Hilton Bangkok Bangkok, Thailand AACE International’s Southern California Section Hyatt Regency Indian Wells Indian Wells, CA Hanley Wood Exhibitions Mandalay Bay Convention Center Las Vegas, NV Contact: Justin Preston, Annual Symposium Chair phone 702.896.6926 jpeterson@ocmi.com Contact: info@theroofingexpo.com www.theroofingexpo.com JUNE 2014 15-18 AACE International’s 18-20 IPM 2013 - 24th Annual International Integrated Program Management Conference, College of Performance Management (CPM) Bethesda North Marriott Hotel and Conference Center Bethesda, MD 2014 Annual Meeting, AACE International Sheraton New Orleans Hotel New Orleans, LA Contact: phone 1-800-858-COST fax (304) 291-5728 info@aacei.org www.aacei.org Contact: www.ipmconference.org 44 COST ENGINEERING NOVEMBER/DECEMBER 2013 Contact: phone 1-800-858-COST fax (304) 291-5728 info@aacei.org www.aacei.org Please submit items for future calendar listings at least 60 days in advance of desired publication. AACE International, 1265 Suncrest Towne Centre Dr, Morgantown, WV 26505-1876 USA phone: 304-296-8444 fax: 304-291-5728 e-mail: editor@aacei.org website: www.aacei.org Accurate and reliable project planning. When it simply has to be on time. Acumen’ software products products & services help you cr eate the soundest schedules possible – Acumen’ss software create and execute them with consistent success. esolve shortcomings Acumen Fuse® - Diagnose and rresolve reduce cost and schedule risk exposure exposure Acumen Risk™ - Identify and reduce ecover delays Acumen 360™ - Accelerate time frames and rrecover projects against industry benchmarks Acumen Cloud™ - Rank projects www.projectacumen.com/betterprojects www .projectacumen.com/betterprojects Better tterr planning, Betterr performance, perform Better projects.... projects.... Acumen.