1- Early Notification

Most modern contracts give the Contractor 30 days after the event has first arisen to submit the notice. However, the Contractor can notify the Client immediately once the delay is identified to allow for quicker resolution and planning instead of waiting for as long as the Contract allows to notify the Client. Make sure to show this effort in the event chronology.

2- Alternative Resource Allocation

Reallocate labor, equipment, and materials from less critical areas to the delayed project activities to reduce impacts. Explain this effort in your reports, correspondences, MOM and other communications.

3- Acceleration of Remaining Work

Increase the number of shifts, work overtime, or expedite materials delivery to make up for lost time. However, the Contractor is not expected to incur additional costs to mitigate the excusable delays unless this is directed from and reimbursed by the client.

4- Engage Additional Subcontractors

Bring in extra subcontractors to handle specific or specialized activities to speed up the work that has been delayed.

5- Re-sequence Work Activities

Modify the sequence of planned work so that delayed activities can be carried out in parallel with unaffected tasks. You can also develop a recovery plan to present the mitigation effort. Contractors can explain how the implementation of these techniques mitigated the delay throughout the project. However, you must be very careful when you communicate any intended effort to mitigate the delay to the client. In my opinion, the contractor should not submit a recovery plan if the excusable delays are significant. Submitting a recovery plan demonstrates the feasibility or possibility of completing the project on time. The problem is that Contractors sometimes prepare unrealistic recovery plans with the sole purpose of responding to the client’s request even though it is not feasible to complete the project on time anymore. This can be used against the Contractor when the claim outcomes are negotiated.

6- Procurement Adjustments

Expedite the procurement process to get materials, equipment, or permits delivered faster, compensating for lost time.

7- Increase Communication and Coordination

Enhance coordination and communication between project stakeholders to ensure timely decision-making during delays. Although regular communication is expected throughout the project, contractors are expected to “increase” the frequency of communication regarding the delay events to allow for quicker resolution.

8- Optimize On-site Logistics

Rearrange site logistics to ensure that resources and materials are available as soon as needed to avoid further disruptions.

9- Adopt Technological Solutions

Use advanced construction technology, like BIM (Building Information Modeling) or drones, to speed up inspections or updates.

10- Negotiate Early Deliveries

Negotiate with and request the suppliers/subcontractors to expedite the delivery of critical materials or equipment. You can attach these communications as a part of the claim supporting documentation to show your mitigation effort.

11- Optimize Workforce Productivity

Conduct internal meetings with the site team to enhance workforce productivity, reducing the time it takes to recover from the delay. You can attach the MOMs of these internal meetings as a part of the claim supporting documentation to show your mitigation effort.

12- Weather Contingency Planning

Plan the completion of critical outdoor activities to be completed outside the adverse weather season (e.g. the heavy snowfall during winter in Canada or the summer heat in the UAE.)

13- Collaboration with the consultant

Engage closely with the consultant to fast-track approvals. Discuss the delayed activities in the progress meetings and through official correspondences.

14- Fast-Track Design Changes

Collaborate with the consultant to implement necessary changes more quickly, reducing design-related delays (RFIs, request to conduct technical meetings, etc).

15- Early Submission of Documentation

Submit documentation, such as permits or approvals, earlier than required to avoid processing delays.

16- Anticipate and Plan for Seasonal Delays

Implement seasonal planning measures for potential disruptions by adjusting the work schedule around high-risk periods (e.g. expected low productivity and fewer working hours during Ramadan).

17- Use of Contingency Planning

Have contingency plans in place to address possible delays such as pre-arranged contracts with backup suppliers or subcontractors (e.g. Show that you have shortlisted three suppliers who are prepared to execute the related scope if the main supplier fails to meet the contract requirements.)

18- Expedited Inspection and Testing

Arrange for expedited inspections or testing to ensure that quality checks do not cause unnecessary delays. Collaborate closely with the consultant to perform inspections and obtain approvals to avoid further delays. Show this effort in the claim.

19- Update and Use Advanced Analytics System

Implement advanced reporting systems to predict and model potential delays, allowing proactive adjustments to the project timeline. Advanced project control systems allow for a quicker and more effective analysis which will support decision-making.

20- Engage in Collaborative Dispute Resolution

Use collaborative approaches like mediation with the client to quickly resolve disagreements over delays and minimize the potential impact on project progress. you don’t need to wait until the project ends to work with a mediator. If there is a dispute throughout the project, a mediator can help the contract parties settle disputes and save a lot of potential time and cost.

Conclusion

Mitigating schedule delays, even when they are beyond a contractor’s reasonable control, is critical for maintaining project integrity and protecting the claim effort. By proactively documenting delays and collaborating with stakeholders, contractors can demonstrate their commitment to minimizing impacts and avoiding potential disputes. Effective delay mitigation ultimately benefits all parties involved and contributes to the successful completion of projects.

Regards,

Osama Saad, MBA, PMP, PSP, CCP, PMI-SP

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The post 20 ways to show mitigation for excusable delay appeared first on Smart PM Blog.

• Ambiguity in acceptable mitigation
• Why can’t the delay mitigation requirements be clear?
• Defining “reasonable” mitigation efforts
• Delay mitigation proof

Ambiguity in Acceptable Mitigation

Subjectivity of Reasonableness

Most contracts use language like “reasonable efforts” or “best efforts” to define delay mitigation. These terms are inherently subjective and can vary depending on the context of the project, the nature of the delay, and the available resources. What constitutes “acceptable” delay mitigation is often left to interpretation and negotiation.

Project-Specific Factors:

The acceptable level of mitigation might depend on factors such as project complexity, available technology, site conditions, and cost implications. It may not be practical to define a specific percentage (e.g., 50%) or time frame (e.g., one month) because of the varying nature of projects and delays.

Why can’t the delay mitigation requirements be clear?

Flexibility for Different Situations:

Setting a rigid standard for delay mitigation might not account for the wide variety of delays that can occur in construction projects (e.g., weather conditions, supply chain issues, labor shortages). By keeping the clause flexible and somewhat ambiguous, both parties have room to negotiate or adapt giving both the client and contractor room to negotiate on a case-by-case basis.

Insufficient Outcome

If the contract specifies a fixed amount of delay mitigation, there will always be attempts to tailor the circumstances and the analysis toward a specific outcome. However, it should be the other way around. You need to model the delay event first and then evaluate the corresponding impact.

Legal Leverage

In disputes, ambiguous terms like “reasonable efforts” provide a degree of legal leverage to both parties. It allows them to argue their case based on evidence, expert testimony, or industry standards, rather than being bound to a fixed, potentially inappropriate mitigation percentage.

Hidden Facts

There are two hidden facts around this area that nobody often talks about. First, a Contract Professional, not a Project Control Specialist, drafts the Contract. As delay analysis is an advanced topic even for planning engineers, the contract specialist attempts to avoid discussing excessive requirements around this topic in the contract and leave it there. Second, if the Client states unfair contractual requirements such as forcing the Contractor to mitigate 80% of the excusable delays, this implies that the contract wasn’t written in good faith. The word will spread, damaging the client’s reputation, and as a result, many contractors may choose to avoid entering into business agreements with them.

Defining “Reasonable” Mitigation Efforts

The effort should be proportional to the circumstances. Courts or arbitrators might assess factors like:

Cost of mitigation

Is the cost of mitigation proportional to the benefit it offers? Moreover, contractors are not expected to incur excessive costs in their mitigation efforts unless an acceleration is clearly requested by the Client.

Feasibility

Can the delay realistically be mitigated, or are there constraints like resource availability or site conditions? It is almost impossible to recover 6 months of delay in one week because of either resource availability or space constraints.

Impact on other project aspects

Would mitigation efforts cause disruptions in other areas of the project? For example, accelerating one part of the work might lead to logistical or quality control issues elsewhere.

Delay mitigation proof

A contractor can demonstrate its effort to mitigate schedule delays beyond its reasonable control by taking the following proactive measures:

The claim narrative

Have a separate section in your narrative report that explains your mitigation measures and the associated positive impact in detail.

Documenting Delays Thoroughly

Keep detailed records of the cause of delays, including evidence that the delays were beyond the contractor’s control (e.g., acts of God, force majeure events, or owner-related changes). This documentation should include timelines and communication with stakeholders (e.g. letters, MOM, photos that have date and time stamps).

Providing Timely Notice

Notify the client or relevant stakeholders as soon as the delay is identified and demonstrate that in the event chronology. Most contracts require prompt communication regarding potential delays, so adhering to this can help show the contractor’s commitment to resolving the issue.

Implementing Recovery Plans

In my opinion, the contractor should not submit a recovery plan if the excusable delays are significant. Although the Contractor is doing its best to minimize the delay, submitting a recovery plan demonstrates the feasibility or possibility of completing the project on time. This can be used against the Contractor when the claim outcomes are negotiated.

Engaging Stakeholders

Hold regular meetings with the project team, owner, and subcontractors to keep everyone informed and collaborate on ways to recover from delays. Demonstrate this effort in the MOM.

“A contractor that makes a minimal effort to mitigate the excusable delay may be penalized, while a contractor that takes proactive steps—even if not fully successful — will often be viewed more favorably.” – Osama Saad

Conclusion

While most modern contracts do a good job of clearly outlining technical and material requirements, the clauses surrounding delay mitigation remain vague and open to interpretation. This ambiguity often leads to disputes between contractors and clients. By ensuring that delay mitigation efforts are reasonable, documented, and proportional to the circumstances, contractors can protect themselves from legal or financial penalties.

The post Delay mitigation in construction claims appeared first on Smart PM Blog.

What is a delay?

A delay can mean different things to different people. A delay could be in:

• Critical or Non-Critical Activity Start
• Critical or Non-Critical Activity Finish
• Project Completion
• A milestone

Metaphorically speaking, a delay is an illusion – it doesn’t exist. Some plants grow slower than others. Some people eat slower than others. It takes time to go from point A to point B. Is there a delay here? No, it is just the natural course of execution. Humans, however, love to put labels and make a meaning of everything. A good example of that is labeling delays in construction projects. The only thing that allows us to determine a delay in construction is having a baseline schedule in place. Without a baseline, construction projects will, like everything else in life, just follow the natural course of execution. I wanted to give this introduction to emphasize the importance of the baseline schedule in identifying and managing project delays.

How do the majority of planning engineers manage schedule delays?

In my experience, many planning engineers intentionally make regular schedule changes in the schedule updates to recover the delays and show the project is on track. This is not a good practice. In fact, the schedule changes should be kept to a minimum, just enough to ensure the reliability of the schedule and not to recover the delays. Otherwise, the baseline becomes useless and hence, we lose the value of the only tool that helps us define delays. If we continue to show that the project is on track, why do we even need a baseline in the first place? When you forecast a delay, this suggests that there is something wrong and requires your attention. You might need to increase the manpower or expedite the material delivery.

How should we develop a recovery schedule?

When the delays become significant, it becomes very hard to follow the baseline schedule. This is when a recovery schedule is needed. A recovery schedule reflects the Contractor’s corrective actions and recovery measures to ensure the timely completion of the project. This may involve increasing manpower, crashing and fast-tracking for the remaining work of the contract to recover the delays. However, recovery schedules should not be frequently developed because in this case, you are making more changes to show the project is on track, which as I mentioned before, is not a good practice. For example, in a project that is 2 years long, it is not recommended to develop a recovery schedule every month but it might be a good idea to create one only when the delays have become significant in a way that makes it very hard to use the previous recovery schedule as a practical reference point. There are so many variables that should be considered to determine the need for a recovery schedule but I just wanted to give you an idea about the concept. The recovery schedule topic needs more than one article to fully explain it.

The scariest word in construction is “delay” because of the associated consequences that can include liquidated damages, job loss, prolongation cost, arbitration, court, market reputation, etc. Here are a few points that should be considered when a recovery schedule is developed.

– The recovery schedule should be developed when there is a significant delay and it becomes impractical to follow the baseline.

– The baseline schedule remains the ultimate and most important reference point for progress measurement.

– The progress can be reported against both the baseline and the recovery schedule to see how “effective” your recovery effort is. However, under any circumstances, the performance measurement against the baseline must be shown in all reports including the official submissions.

– Frequent recovery schedules should not be developed. Otherwise, the recovery schedules and the baseline lose their value. As a general practice in planning, schedule changes should be kept to a minimum.

Note that everything that has been discussed so far assumes that the delay is the Contractor’s responsibility. In other cases, the delay is beyond the reasonable control of the Contractor and it becomes impossible to complete the project on time. Therefore, an extension of time claim might be needed.

Embrace delays

The best way to overcome your fear of something is to face it. Instead of hiding behind some logic changes that will give you a temporary sense of relief, we should develop effective coping mechanisms and recovery measures. We should approach schedule delays with a healthy mindset. Take the time to analyze the situation and develop feasible corrective actions. Modern scheduling software tools such as Primavera P6 and MS Project have serious limitations in managing projects so you will eventually need to do a lot of work using other tools such as Excel or Power BI to support your recovery effort.

Regards,

Osama Saad, MBA, PMP, PSP, CCP, PMI-SP

The post Managing Schedule Delays appeared first on Smart PM Blog.

MIP 3.8: Collapsed As-Built, Single Simulation, Modeled, Subtractive.

MIP 3.9: Collapsed As-Built, Multi Simulation, Modeled, Subtractive, Periodic.

What will you learn?

• The Source Validation Protocols (SVPs) and the guidelines of both methods.
• How to perform the analysis STEP-BY-STEP.
• The advantages, disadvantages, uses and limitations of these methods.

Regards,

Osama Saad, MBA, PMP, PSP, PMI-SP

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The post MIP 3.8 & 3.9: Collapsed As-Built Delay Analysis Method appeared first on Smart PM Blog.

MIP 3.6: Impacted As-Planned

What will you learn?

• The Source Validation Protocols (SVPs) and the guidelines of both methods.
• How to perform the analysis STEP-BY-STEP.
• The advantages, disadvantages, uses and limitations of these methods.

Regards,

Osama Saad, MBA, PMP, PSP, PMI-SP

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The post MIP 3.6: Impacted As-Planned Delay Analysis Method appeared first on Smart PM Blog.

MIP 3.4: Contemporaneous “Split” (Bifurcated Contemporaneous Period), Observational, Dynamic.

MIP 3.5: Modified / Reconstructed Updates, Observational, Dynamic.

What will you learn?

– The Source Validation Protocols (SVPs) and the guidelines of these methods.

– How to perform the analysis STEP-BY-STEP.

– The advantages, disadvantages, uses and limitations of these methods.

Regards,

Osama Saad, MBA, PMP, PSP, PMI-SP

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The post MIP 3.3, 3.4: dynamic As-Is & Modified Delay Analysis Methods appeared first on Smart PM Blog.

MIP 3.1: As-Planned vs. As-Built, Observational, Single Base, Static, Gross

MIP 3.2: As-Planned vs. As-Built, Observational, Multiple base, Static, Periodic.

What will you learn?

The Source Validation Protocols (SVPs) and the guidelines of both methods.

How to perform the analysis STEP-BY-STEP.

The advantages, disadvantages, uses and limitations of these methods.

Regards,

Osama Saad, MBA, PMP, PSP, PMI-SP

Learn More!

Check out our comprehensive courses

The post MIP 3.1 & 3.2: As-Planned vs As-Built appeared first on Smart PM Blog.

In a nutshell, delay prevents the Contractor from completing the activity within the planned time frame.

However, disruption prevents the Contractor from completing the activity within the planned cost.

Watch the below video to learn more about the difference.

Regards,

Osama Saad, MBA, PMP, PSP, PMI-SP

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The post The difference between delay and disruption appeared first on Smart PM Blog.

Delay analysis from a scientific point of view

Explaining how the brain neurons work is far beyond the scope of this article although it might be interesting to learn how the human brain functions on your own. A project with 2 weeks of delay beyond the original completion date is just a conclusion that is similar to the accident damage you saw. We cannot understand the delay (damages) until we are provided with additional information which the brain can easily understand and verify. To evaluate the project delays, you need to develop a supportive argument that is similar to what the accident witness provided on a more complex level. You need to model the impact of delay events in logical steps as you progress throughout the project. You should also substantiate your pieces of evidence, demonstrate the cause and effect and follow all other best practices for a strong claim case. Moreover, you should present your claim in a way that is similar to the witness’ statement; a story that is easy and pleasant for the human brain to understand, follow and verify.

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Engineers’ way of thinking

Delay analysis is not difficult but most Engineers are used to having a binary way of thinking. Back in college, we evaluated our effort to solve a problem through a “final answer” which can be either right or wrong. An Engineer wants certain givens to carry out structural calculations and then determine the outcome that is either “safe” or “unsafe“. Delay analysis is not magic but has always been regarded as one of the top complicated topics in construction claims. In my opinion, the reason is that there is no “one size fits all” process to assess damages in construction projects. On the other hand, Engineers feel comfortable having a structured and systematic approach with expected binary results. For example, a colleague shows you how he demonstrates the cause and effect in his claims but his approach might be different from yours. Although you also address the cause and effect in your claim, you still feel something is missing or “imperfect“. When we experience similar feelings in life, our brain neurons try to re-arrange our thinking patterns in this area. As a result, we start questioning the whole process we develop our claims. Delay analysis is not a “one size fits all’ and there is no compulsory or standard approach for it. This is possibly why Engineers also hate marketing because it requires creativity, out-of-box thinking, testing different strategies and leaving your “perfectionism” behind.

How does the brain develop claim responses?

You need to use common sense, logic and fairness for both evaluating schedule delays and writing your narrative. Back to the accident example, there wasn’t a standard or must-follow approach to model the damages of this accident. Someone could just explain it using a combination of words and hand gestures. Another one might try to create a video that simulates what happened a few seconds before the accident. It doesn’t really matter what the person exactly did to convince you as long as it is an easy-to-follow and structured story that offers a logical conclusion. You might also have challenged the simulation and told the accident witness that the damage wasn’t so serious. The car must have run at a much slower speed to cause this amount of damage. This is exactly what a claim reviewer would argue with you. Your claim story just didn’t resonate with the entitlement you are asking for.

To sum up, there are some techniques that can help in your assessment but you are the author of the story. There is no perfect A to Z approach that has to be followed in every situation all the time. Determine what will work in your particular case and create your own story that is based on common sense and logic.

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Regards,

Osama Saad, MBA, PMP, PSP, PMI-SP

The post The Theory of Delay Analysis appeared first on Smart PM Blog.

Qualified planning engineers may prepare for such claim opportunities well in advance and even before any event has arisen. The necessity to keep a practical workable Program of Work requires regular “schedule maintenance” throughout the project. This maintenance is implemented through certain schedule changes that can cause radical alterations to the original schedule attributes (e.g. criticality level of network paths, total float amount, etc).

Only one schedule change can be enough to present new claim opportunities or even disqualify others and this where the black magic comes from. Moreover, such change(s) can allocate lower concurrent delays to Contractors and give them the opportunity to claim for a lot more prolongation costs. Planning engineers think that this is what it takes to prepare a strong claim case. However, in order for the Contractor to receive a favored response, a comprehensive claim has to be submitted for the Engineer’s evaluation.

In many cases, Contractors lack the appropriate skills to: incorporate relevant supporting records, present a clear demonstration and assessment of the “serious” losses or provide an adequate substantiation of the cause & effect. While Contractors can be actually entitled for Extension of Time and Prolongation costs, the quantitative evaluation might be biased. It takes a qualified practitioner with a demonstrated history of experience to accurately assess the damage but some Contractors lack such competencies in their own teams. That’s why lawyers, arbitrators and courts appointed experts are called up to continue the claim journey and go through the second half of the battle after the Contractor has completed the P6 work and submitted the initial claim case.

In my career, I have seen a huge gap between engineering practitioners and the extent to which they understand the construction law and practices which are mandatory to compile a well presented, structured, appropriately written and adequately substantiated claims. I could also see why construction law professionals are in high demand by Employers, Engineers, Main Contractors and Sub-Contractors. It is therefore recommended that you learn more about the construction law and arbitration procedures related to your jurisdiction or call up subject-matter experts early in the process to avoid wasting a lot of valuable time and incurring the associated significant costs.

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Regards,

Osama Saad, MBA, PMP, PSP, PMI-SP

The post The Dark Art of Construction Claims appeared first on Smart PM Blog.