This seminar is intended to give attendees an understanding of the ways in which Critical Path Method (CPM) construction scheduling can be used (or misused) to provide unreliable information on baseline and updated schedules or results that are intended to bolster delay claim positions. The seminar addresses analysis of these manipulations of construction schedules. The seminar also provides information on legal and contractual issues relating to scheduling and delay/acceleration claims.
- Practical considerations for evaluating the quality of the construction baseline and updated schedules
- Strategies to deal with the current challenges concerning delays and damages caused by delay impacts
- Cutting edge legal developments and trends that impact construction delay claims
- Using the contract to prevent problems relating to schedules, delays and claims
- The attendee will be able to discuss proper and improper uses of CPM scheduling.
- The attendee will be able to identify legal issues relevant to scheduling and recovery of delay damages.
- The attendee will be able to review how a critical path method schedule can be manipulated.
- The attendee will be able to address scheduling issues in the construction contract and specifications.
8:30 a.m. - 11:00 a.m. (Break 10:00 a.m. - 10:15 a.m.)
I. CPM Schedule Basics
A. CPM Schedule Logic
B. The Critical Path
D. The Predicament Of Scheduling Today
II. The Baseline Schedule: Tricks, Traps And
A. Problems With Activities
1. Durations: Too Short, Too Long
2. Number: Too Few, Too Many
3. Owner-Controlled Activities
4. Designer-Controlled Activities
5. Procurement And Long-Lead Items
6. NTP, Substantial And Final Completions
B. Problems With Logic
1. Open Starts/Open Ends
4. Critical And Sub-Critical Activities And Paths
5. Float: Sequestered?
6. Date Constraints And Milestones
C. Problems With Time And Resources
1. Contract Time: Is It Enough?
2. Early Finish Schedules
3. Date Constraints And Milestones
4. Multiple Calendars
5. Resource Constraints
D. Criteria For Reviewing The Baseline Schedule
III. The Schedule Update: Tricks, Traps And
1. Performed Or Ignored?
2. Proper Input?
3. Does It Reflect The Work?
B. Problems With Updating Activities
2. Change Orders
3. Impacts And Delays
C. Problems With Updating Durations
1. Percent Completion
2. Remaining Duration
3. Shortened Duration
D. Problems With Updating Logic
1. Out-Of-Sequence Progress
2. Retained Logic
3. Progress Over-Ride
4. Revised Logic
E. Other Update Issues
1. As Built Dates: Real Or False?
2. Delay: Add It Or Hide It?
3. The Audit: Changes And Comparison Programs
4. Schedule Out-Of-Date: Revision Needed?
IV. Managing The Schedule To Avoid Tricks,
Traps And Ploys
A. Staff Expertise And Consulting Help
1. Issues In Scheduling Specs Today
2. Good Practices
C. Enforcing The Spec
D. Buy-In: Data Source From The Stakeholders
E. Schedule Comparison Software
F. Rules Of Thumb To Judge Schedule Quality
G. Managing Electronic Scheduling And Data Files
11:00 a.m. - 11:30 a.m.
V. The Schedule And Delays: Tricks, Traps And
A. Types Of Impacts: Critical, Non-Critical; Serial, Concurrent
B. Delay Analysis
1. Time Impact Analysis (TIA) 2. As-Planned vs. As-Built
3. Other Techniques
C. Concurrency: Who Is Liable For Delay?
11:30 a.m. - 12:30 p.m.
Lunch (On Your Own)
12:30 p.m. - 2:00 p.m.
VI. Tricks, Traps And Ploys In Proving Delay And
A. Proving Causation
B. What Is Causation?
C. Why Do We Care?
D. How Do We Prove Causation?
1. What Tools Do We Use?
E. How Convincing Do We Have To Be?
F. Frequent Obstacles/Mistakes
G. Lessons Learned
1. Case Law
2:00 p.m. - 2:15 p.m.
2:15 p.m. - 4:15 p.m.
VII. Tricks, Traps And Ploys Of Contracts Related
To Scheduling And Delay
A. The Importance Of The Contract
B. Important Contract Provisions
1. Liquidated Damages
2. No Damage For Delay
3. Limitation Of Liability
6. Waiver Of Consequential Damages
C. Duties – Express And Implied
D. Who Owns The Float?
E. The Right To Finish Early
VIII. Tricks, Traps And Ploys Of Delay Damages
C. Lost Productivity Damages
D. Unabsorbed Home Office Overhead
E. Total And Modified Total Cost Claims
F. Owners' Damages
G. Consequential Damages
4:15 p.m. - 4:30 p.m.
IX. Question And Answer