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ABSTRACT: The schedule analysis methodology outlined in this article has been successfully presented by the author on six contract disputes in the past two years involving schedule impacts. In each dispute, the methodology was used and outlined in the analysis narrative. As outlined in this article, the claimants own schedule delays were identified and quantified easing the defendants concern that concurrent delays were accounted for. In all the cases, the resulting schedule analysis was agreed to and was unconditionally accepted by both parties. Knowing that the schedule review was creditable, the parties settled the disputes through meaningful negotiations and did not resort to costly arbitration or litigation. This article provides a brief description of what events lead to a dispute and the importance of the schedule analysis to support the claimant's damage complaint. This part of the article is brief and is not intended to describe all possible events that could lead into a dispute. The dispute example was used to give the reader a background of the financial importance of construction claims to the claimant's future and the necessity of a schedule analysis. The article provides a detailed methodology to the modified windows approach for the analysis. The schedule analysis presented in this article is based on creditable schedule analysis technique currently used to analyze schedule delay and is modified to separately analyze claimant schedule delaying events. The modified technique usually results in a quick and acceptable resolution for both parties through meaningful negotiations. However, such a detailed analysis is expensive, time consuming, and may not support a claimant's recovery request. Additionally, if the documents reviewed don't adequately detail the facts of project delaying events, the schedule analysis may not reflect the actual events that unfolded during the course of a project. Resulting in the defendant rejecting the schedule analysis, compromising the credibility of the analysis, and causing the claimant to invest additional costs making the corrections. However, the Windows technique outlined in this article provides a good basis for meaningful negotiations.
KEY WORDS: Construction claims, schedule analysis, and delays
Construction claims have been used as an avenue for contractors to recover damages for as long as public contracting has been in existence. The key to a contractors (claimants) success is a detail...