DNSC6267 Spr14 7 1 Essay

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DNSC 267: Planning and Scheduling

Sanjay Jain, Ph.D.
Session 7

One minute questions

Planning & Scheduling

2

Outline
 Time

in Contract Provisions and Litigation

 Project

Communications and Reporting

Planning & Scheduling

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Time in Contract Provisions

Disclaimer: The material covered in this class should not be construed as legal advice.

Major Contract Provisions
 Project’
 Cash

s Duration

Disbursements

 Scheduling

Planning & Scheduling

Technique

5

Project Coordination Provisions
 Kick-off

meeting requiring:

– Progress schedule
– Milestones
• Major procurements
• Major deliverables

– Major shutdowns
– Subcontractors and suppliers list
 Similar

requirements on subcontractor
 Cooperation among contractors
Planning & Scheduling

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Schedule Provisions
 Identification

of authoritative project schedule
 Contractor to prepare, owner to approve
 Responsibility for execution stays with contractor
 Availability of the first version and updates
 Level of detail
 Progress payments associated with schedule
 Schedule characteristics – CPM network
 Reporting requirements
Planning & Scheduling

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Example
“ No more than 30% of the monetary value of the project activities shall have float of less than seven days and no more than 20% of the monetary value of the project shall have zero float without prior written authorization of the
Owner.”

Planning & Scheduling

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Schedule Provisions (Contd.)
 Contractual

power to the owner to order an increase in workforce for delays
 Short interval schedules
 Limit on schedule changes that place requirements on owner

Planning & Scheduling

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Float Ownership
 Should

be addressed explicitly
 Case of change by owner on a path with float
 Conditions to define ownership
 End of project “float” – difference between
Contractor’s anticipated completion date and contract date

Planning & Scheduling

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Units of time
 Working

days vs. calendar days
 In construction – public owners tend to use working days while private owners use calendar days.  Weekend day may be considered a working day if not clearly specified upfront
 Durations defined by specific completion dates
 “Usual anticipated disruptions” should be defined Planning & Scheduling

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Late completion
 Liquidated

damages - $/day
 May be defined as losses per day to owner and not a specific amount

Planning & Scheduling

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Other Provisions
 Use

of completed portions of work (Beta release in software?)
 Substantial completion
 Delays (notice, avoidable vs. unavoidable)
 Extensions
 Submittals/ design and procurement approvals
 Progress/ final payments
 Suspension
 Termination by contractor
Planning & Scheduling

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Contract Examples
 Website

design:

http://www.gallantrywebdesign.com/contract.html
 Samples

from American Institute of Architects:

http://www.aia.org/contractdocs/AIAB093904 (requires sign-in)  Construction:

http://www.rocketlawyer.com/secure/interview/quest ions.aspx?document=22398887&utm_source=1024&v=3#q1 (requires sign-in)
 Technical

writing:

http://www.cybertext.com.au/contract_sample.pdf
Planning & Scheduling

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CPM in Dispute Resolution and Litigation

Disputes
1.

Who caused the delay, i.e., who was at fault?

2.

How much of a time delay occurred?

3.

What monetary awards should be made?

CPM addresses Q. 2 and helps in Q. 3 above.

Planning & Scheduling

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Case#1 - Blackhawk
 CPM

constructed after the completion of project based on project logs
 Delay found to be caused by owner on critical path of “as-planned” network
 But, the critical path had shifted during execution due to contractor delays.
 CPM used to determine the impact of multiple concurrent delays

Planning & Scheduling

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Cases
 Minmar

– Bar chart not acceptable since no
CPM chart was provided
 Pathman vs. Hi-Way – CPM successfully used to identify cause of delay
 Brooks Towers vs Hunkin-Conkey –
– Acceptance of cost of change order
– Silence on time…