EOT Impacted as planned methodology for EOT Claim

How to perform impacted As-Planned Delay Analysis Primavera P6

The Impacted As-Planned method measures the impact of the

delays on the as-planned schedule. The delays are formulated as

activities and added to the as-planned schedule showing the effect

of each delay and demonstrating how the project is being delayed.

The amount of delay equals the difference in completion dates

between the schedules before and after the impacts.

We have an As-Planned schedule.

We will insert Delay event into our schedule.

Enter Duration of the delay. Then Assign the right successor (which

activity the delay will affect).

For example Duration of the “Design Changes” delay is 14 days. And

it will affect “House Walls” activity.

Use Activity constraint to identify when the delay happen.

After insert all of Owner delay, running F9 and we will have the final

result.
The total Extension of Time is 161 – 112 = 49 days

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How to perform Time

Impact Analysis /
Window Analysis in
Primavera P6
A Time Impact Analysis is a method used to determine extent of

impact from potential delay in construction process. This schedule

analysis method involves the insertion or addition of activities

indicating delays or changes into an updated schedule representing

progress up to the point when a delay event occurred to determine

the impact of those delay activities.

Types of Delays

Delays can be categorized in two main areas:

 Excusable Delays

 Non-Excusable Delays

Excusable delays occur when the affected party is allowed to claim

for a time extension, compensation or both. Meanwhile, non-

excusable delays are delays that the contractor or party affected will

need to bear the responsibility.

We have a simple project with the Planned schedule like this:

1st month.

We have delay (21 days) on Excavation due to Unforseen site

condition
2nd month.

We have no delay.
3rd month.

We have 2 delays:

 Owner change house design (14 days)

 Subcontractor left job (21 days)

And those are concurrent delay. So 14 days charge to owner, and 7

day charge to contractor

4th month.

We have 1 delay from Contractor in “Garage Walls” but it was not

on the critical path. As long as the delay is within available float

there is no effect on the final completion date.

5th month.

We have 1 delay (28 days) from Owner in Garage Doors but it only

affect 7 days in the critical path. Other 21 days were absorbed by

available float.
Last month.

We don’t have any delay.

So we can have the Time Impact Analysis report like this:
  28 days for time and cost

 14 days for time

Thank you for your time to read this article.

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Construction Disruption
and Delay Claim
Schedule Management
Impact Schedule Overview

The impact schedule is used to represent deviations from the

baseline schedule. Typically, it is a natural function or progression of

progress updates. For example, if the schedule was impacted in a

given time-frame, that impact would be captured beginning with

the respective time-frame update in which it occurred, and seen

through its complete cycle.

The impact schedule can represent delays, disruptions, or both. It is

incumbent on the claims manager to make that distinction. An

impact schedule is predicated on a series or succession of events

that are expected to increase  overall duration or the critical path. In

some cases the impact schedule reflects a reduction  in overall

duration. Such a document may accompany a claim for early

completion, which may be compensable. 

An impact schedule shall record an event or network of events that

impact the baseline sequence of operations by adding additional

steps or activities that are expected to extend the critical path.

Unlike a delay, which generally has known start and end dates, it is

typically not possible to know the final overall impact of a

given disruption  until it is concluded. For that reason, an open-

ended notice of delay (NOD) will accompany or be issued prior to a

given update.

Impacted schedules may have more than one impact sequences that

occupy different float-paths. For that reason, they must be

monitored and tracked separately. Subcontractors may also issue

NODs and Extension of Time (EOT) claims, which is why it’s

important for the CM or GC to organize each impact as an isolated

phenomenon. It also helps to reduce concurrency.

Impact schedules are not the same as an EOT or delay/disruption

claim schedules, though they are one of several components.

Typically, an EOT for the minimum expected impact will accompany

the impact schedule. At such time, an accounting of the costs

associated with the delay are not calculated, as the full impact of the

delay has not been completed. The claim schedule may include all

critical paths, as well as accompanying cost factors.

Owners and specifier often will indicate in the project specifications,

or in their contracts, the process by which EOTs are presented and

reviewed. They may also stipulate compensation. There is no

standard for such language. Accordingly, a great deal of language in

the specifications or contract may turn out to be unenforceable or

not legally binding, often merely as an obstacle. It is the bailiwick of

a seasoned construction attorney to make the distinction.

Mitigation & Recovery

As impacts are realized, ownership may insist on an impact

or recovery  plan. Such plans are most effective when the full impact

is a known quantity, and the resources and productivity associated

with the impact is measured. Open-ended recovery is the

typical de facto tool of choice, as contractors typically don’t maintain

accurate productivity calculations. In open ended recovery efforts,

resources are supplemented or assigned additional responsibilities

without knowing how effective such measures will enfold. Naturally,

a lot of capital can be wasted in such recovery efforts, monies

stakeholders are reluctant to bankroll when they know much of the

effort was unnecessary, or produced no recovery.

Mitigation  refers to optimizing future sequences so to minimize or

negate anticipated subsequent or exacerbated impact based on

lessons-learned and measured-mile. Recovery also is intended to

minimize subsequent impact, however, it infers that there already is

an impact, and that the impact is expected to continue. In both

mitigation and recovery, resequencing may be employed, or more

likely acceleration achieved by increasing work-forces. The specific

data and costs of such acceleration  must be carefully maintained for

acceleration claim issuance.

Impact Schedule Action Plan Overview

Diligent record-keeping is a function of efficient impact schedule

and claim management. It’s a determinant in the overall claim

integrity and its likelihood, for being recognized, and an EOT

granted. When recordkeeping is timely and robust, a proper Time

Impact Analysis (TIA) can be made. The TIA has a far higher rate of

success in the court systems than other claim methods. When

record-keeping is sub-par, the TIA will carry less authority, and

alternative methods or approaches may be warranted.

Insofar as timing, it is important to issue the proper paperwork at

the proper time. These records will accompany the forensics as

background or impetus for the impact. For example, the initial

recognition of the impact must be documented and contractual

parties apprised. In cases where the documentation is not timely,

parties may move not honor the impact assessment.

Impact Schedule General Action Plan

1. Recognition: an impact typically refers to a deviation in

plan in the field or as a consequence of a designer impact.

This deviation should be recorded and documented as

early as possible with time-stamped photographs and

notifications. These documents will later accompany your

claim. Any impact should be represented in the update in

which it initiated, and continue through its termination.

2. Background Documentation: a field condition impact

should necessitate a request for information (RFI) or notice

of divergent or unforeseen conditions. The same is true of

latent design errors and omissions. Note, that designers

carry errors and omissions (E&O) insurance to indemnify

themselves against such claims. These actions will be

 recorded in the progress update schedule as a fragnet, or

superimposed path, that sandwiches between two or more

baseline or previously posted activities.

3. Coordination: as impacts occur and carry forth into later

contractual periods, they must be tracked as individual

phenomenon. Even so, it is inevitable that concurrent

delays will occur, albeit not always self-evident. Concurrent

delays must be recognized and apportioned in such a way

that it is clear which are redundant, and which are not.

Claims with concurrent delays are high risk of rejection

out-of-hand.

4. Preparation: the EOT should be registered as early as

possible. Failure to do so may complicate and compromise

the impact of your claim. Gaps in background information,

such as missing updates, or updates with flawed logic, will

considerably reduce the integrity of any given claim. That is

why preparation is an ongoing event, from NOD all the way

through completion of each impact cycle. As each

respective cycle completes, best practice dictates that you

notify the owner, and advise that the EOT is complete for

that cycle, and that a claim may follow.

 5. Review & Negotiation: The low-rate of success for EOT in

the courts - and especially compensable EOT claims, is why

each must include the optimal effort of prosecution. When

proper EOTs are registered, there is less likelihood for

rejection and litigation. Incomplete claims may be defeated

before they have a chance to be considered as matters for

litigation, regardless of presumed entitlement.

Impact Schedule Action Plan Process

Recognition: NODs, photographs, RFIs, meeting minutes, sketches,

shop drawing logs, daily reports, emails, etc., are part and parcel of

the initial notification process for each impact. At such time the

nature of the impact should be determined - disruption or delay. A

delay is simpler to capture, as it typically represents a downtime

window easily represented in a start-to-finish fragnet, with no

productivity losses. Disruption can be more difficult to represent

because it refers to a loss of production. If the impact is disruption,

the applicant must maintain records of the baseline production

rates, rates before the disruption, and rates subsequent. 

Disruption claims are vulnerable to challenge as builders seldom

maintain robust productivity rate records. The baseline production

rate may also be challenged if it was not calculated accurately. For

example, if an impacted activity takes 60 days instead of a 20 day

baseline duration, it is not a fait accompli that there is a 300%

impact if the baseline duration is determined to have been

underestimated.

Background: in addition to the above, any claim will include all

periodic schedule updates and narratives. The critical path updates

are the basis of any delay or disruption claim. Each update should

be compiled with the background documentation germane to the

respective updates. 

In addition to GANTT  charts, other documentation should inform

the claim. S curves and Earned Value Analysis (EVA) are used to

show actual rates of production as compared to the baseline.

Software, such as Deltek Acumen Fuse and Accelerator, will generate

Executive Briefs, forensics, and metrics, all of which are an enhanced

level of claim preparation not available in stand-alone CPM

scheduling platforms. 

Coordination: each claim has its genesis in a series of events and

represented through background documentation that will inform

the impact schedule. The process begins with the issuance of the

background from the contractor to the claims preparer. The initial

transaction should be as meticulously indexed and articulated as

possible for the prepare to realize the maximum benefit. When

background is piecemeal, slipshod, or incomplete, the claim integrity

will suffer. 

As part of the process, best practice dictates retaining a construction

attorney to represent your claim, even if litigation is not guaranteed.

Employing an attorney in this way lets opposing know that you are

serious, and that you are prepare to defend rebuttal and challenges.

Non-construction attorneys are less experienced in such matters

and will require more hand-holding. That should not necessarily

disqualify them from representation, but it will affect your outgo of

legal expenses.

As the claims manager processes the background information, he

will have further clarifications and discussions to make with the

contractor, typically requesting additional background. Diligent

contractors who maintain comprehensive documentation will realize

the maximum claim benefit. In other cases, alternative methods can

be employed, which are discussed below.

1. Preparation: as stated above, any progress update may

represent impact, however, ‘impact schedule’ should not be

conflated with ‘claim schedule.’ An impact schedule is but

one snapshot of the overall timeline, whereas a claim will

 be accompanied by all progress/impact schedules. The

claim will consist of forensics and analysis components:

2. Forensics: historical records of overall schedule progression

by activity and float path, as well as critical path of baseline

and updates.

3. Analysis: a narrative of impacted activities detailing their

nature and cause and effect relationship of successor

activities and paths.

Once the forensics and analysis modules are completed, an

executive brief will be issued accompanied by an accounting of the

impact in time and cost. 

Issuance, Review & Negotiation: the issuance and review criteria

may be iterated in the contract. Public and government agencies use

standardized language that a contractor should familiarize himself

with, as should his legal counselor. Owing to experience, this

language tends to be intractable in the face of contention.

The reviewer may be an agency, the owner himself, his claims

specialist, or his attorney. Larger entities typically have in-house

counsel on retainer for this and other legal purposes. This distinction

should not dictate the nature and disposition of your claim. Larger
entities and government agencies often bully their contractors with

contractual language, threatening memos, and may make

unreasonable demands. These actions do not necessarily denote an

action by the claimant, and are often intended to deflect. 

The review process may or may not include opposing counsel, but it

should include your attorney, if only to apprise him. It is expected

that there will be push-back from the reviewer, and that additional

drafts of the claim may be mandated. If these demands are within

reason and contract then they should be observed, otherwise given

due consideration.

Even in clear cut cases of delay or disruption, contractors tend to be

a bit feckless at producing the requisite background. A delay claim

can then be denied for lack of due diligence by the contractor -

typically an absence of supporting documentation. Thus it is

important to realize that should the claim go to litigation, a higher

level of scrutiny will be taken in which your background

documentation must be up to snuff, i.e., accurate and relevant.

Indeed, owners and agencies will challenge legitimate claims they

know don’t include compelling background, because they can easily

defeat them in litigation.

Impact Schedule Action Plan: Complex Claims

1. Large projects with a lot of moving parts and multiple

primes are subject to be complicated. As the project

develops, numerous impacts may be realized that involve

several contractors, some of which may file their own claim.

For this reason it is important to have the ability to isolate

impacts by trade. 

2. The inevitability of concurrency must be observed.

Concurrent delays are when several smaller delays

comprise one or more primary delay paths. They must be

isolated ito distinct entities to avoid being challenged and

refuted. There is a growing and substantial body of legal

findings on concurrent delays that the courts set store by.

It is important to be familiar with the most important, as

well as most recent findings.

3. Contractors who are handicapped by an absence of

documentation will realize a low-rate of granted EOT and

EOT compensation. However, that doesn’t mean they can’t

stake a claim. A good claims captain can guide a

contractor, and together they can reconstruct the chain of

events in much the same way a detective might. Complete

 absence of documentation is rare, so there is always some

basis to work with.

4. In cases where documentation is lacking, a TIA will not be

an option. Other methods, such as measured mile, industry

standards, et al., may be employed. These secondary

methods generally produce less compelling results than a

proper TIA.

Impact Schedule Action Plan Review & Outline

1. Recognize, document,and notify ownership. Begin

identifying supporting documentation.

2. Track overall impact to critical path in progress updates

and narratives and issue tracked schedule (current and

baseline). 

3. Quantify and document costs of lost production and

increased rate for recovery production. Maintain these for

future integration into claim schedule.

4. As each impact concludes, notify owner with

documentation of EOT impact. If you have calculated costs

you which to claim, include them as well, though they need

 not be completed by such time. Once the overall impact is

concluded, a complete claim with EOT and costs can be

generated.

5. Claims for EOT and compensation must be negotiated. Be

prepared with comprehensive, organized documentation.

Opposing often will hedge their bets commensurate with

the quality of documentation being issued. At this time,

your attorney may or may not be involved in

the negotiation process, but he should be aware of it.

6. Most claims that go to litigation are lost by the claimant,

for the reasons stated above. However, most awarded

claims do not go to litigation, and are a factor of a

settlement in or out of mediation. That means if you follow

due diligence measures and best record-keeping practices,

you stand less of a chance of litigation, and more likelihood

of a granted EOT and/or compensation.

Impact Schedule Basics

 Educate yourself as to the nature and specifics of your

predicament, and how such matters are negotiated and

prosecuted.
 Be prepared for delay or disruption before it happens by

having programs in place to address them

 Maintain scrupulous records of all scheduling data, as

well as baseline, actual, and impacted production rate.

Monitor and QA the veracity and integrity of your

background data

 Familiarize yourself with the contract stipulations. Retain

an attorney as needed

 Assign resources and define parameters for continual

tracking and recording of impacts

 Organize your comprehensive background so that it can

be presented in a professional manner.