Delay Analysis Intermediate E-Course

• Understand the key learning outcomes for the course.
• Understand the challenges of performing delay analyses that has led it to be such a specialist area within the construction industry.
• Learn why delay analysis exists and situations where the Contractor/Employer may need to perform a delay analysis.
• Understand the typical challenges the parties come up against when performing a delay analysis.

• The purpose of project planning and the fundamentals that make a programme, including tasks, durations, sequencing and logic.
• Understand the difference between planning and programmes and the different techniques available for conveying the plan.
• Learn how a programme is updated and the fundamental issues of Float, the Critical Path and Milestones.

• We introduce the concept of the planning lifecycle and the importance of a reliable baseline programme.
• Learn how to establish baseline integrity through examples of good and bad practice.
• Understand the concept of validation and how to validate the baseline programme to ensure a reliable delay analysis.

ASSIGNMENT: you will be asked to review a baseline programme that follows bad practice. You’ll be asked to identify the baseline faults in this programme and how they could be rectified. You’ll then be asked to consider a baseline programme that follows good practice and identify the good practice adopted in the programme. Finally, you’ll be asked to consider how these elements of the programme will help in a delay analysis submission.

• Learn the principle of liability and contractual entitlement for an extension of time claim.
• Understand the role of liquidated damages under UAE and English law.
• Extension of time principles are illustrated under FIDIC, JCT and NEC forms of contract.
• Understand the relationship to recovery of compensation.

• Learn about the Society of Construction Law’s Delay and Disruption Protocol, 2^nd Edition (2017).
• Understand the protocol’s position with respect to ‘Contemporaneous Analysis’ and ‘Time Distant Analysis’ (retrospective).
• We also review the protocol’s stance on selecting an appropriate method and the difference between ‘Cause & Effect’ and ‘Effect & Cause’ methods.
• Understand how criticality and delay is determined under the protocol.

• Understand the differences between a prospective and retrospective delay analysis.
• We review the two prospective methods of ‘Impacted As Planned’ and ‘Time Impact Analysis’. We explain how each works as well as their advantages and disadvantages.

ASSIGNMENT: you will be asked to impact a delay event under two forms of prospective analysis: an ‘Impacted as Planned’ method and a ‘Time Impact Analysis’ method.

• Recap the differences between a prospective and retrospective delay analysis.
• Learn about the four retrospective methods of ‘As Planned v As Built’, ‘Longest Path’, ‘Time Slice Windows’ and ‘Collapsed As Built’ and the advantages and disadvantages of using each method.

• We review the SCL Delay and Disruption Protocol with respect to concurrency and examine the two approaches for assessing concurrency: orthodox and ‘First in Time’.

• Understand the burden of proof, evidence sources, triangulation of data, as-built validation and recording of evidence. These are critical components to meet the evidential requirements to prove a causal link between a delay event and its effect.

• Understand the link between time and money.
• We examine the main heads of claim and illustrate through an example, how loss and expense (prolongation) is assessed against periods of critical delay.