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    The Expert Witness April 2022 For Website

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    Sara Dessuki
    Delay and disruption are interrelated but distinct issues that can impact construction projects. Delay refers to activities taking longer than planned and can impact the project completion date if on the critical path. Disruption refers to reduced productivity from hindered work methods and results in higher costs even if completion date is unaffected. It is important to differentiate delay from disruption when analyzing time and cost impacts, as the quantification processes differ. Maintaining detailed records is key to supporting claims for delay, disruption, or associated costs.

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    The Expert Witness April 2022 For Website

    Uploaded by

    Sara Dessuki
    16 views2 pages
    Delay and disruption are interrelated but distinct issues that can impact construction projects. Delay refers to activities taking longer than planned and can impact the project completion date if on the critical path. Disruption refers to reduced productivity from hindered work methods and results in higher costs even if completion date is unaffected. It is important to differentiate delay from disruption when analyzing time and cost impacts, as the quantification processes differ. Maintaining detailed records is key to supporting claims for delay, disruption, or associated costs.

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    Delay and disruption are interrelated but distinct issues that can impact construction projects. Delay refers to activities taking longer than planned and can impact the project completion date if on the critical path. Disruption refers to reduced productivity from hindered work methods and results in higher costs even if completion date is unaffected. It is important to differentiate delay from disruption when analyzing time and cost impacts, as the quantification processes differ. Maintaining detailed records is key to supporting claims for delay, disruption, or associated costs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    16 views2 pages

    The Expert Witness April 2022 For Website

    Uploaded by

    Sara Dessuki
    Delay and disruption are interrelated but distinct issues that can impact construction projects. Delay refers to activities taking longer than planned and can impact the project completion date if on the critical path. Disruption refers to reduced productivity from hindered work methods and results in higher costs even if completion date is unaffected. It is important to differentiate delay from disruption when analyzing time and cost impacts, as the quantification processes differ. Maintaining detailed records is key to supporting claims for delay, disruption, or associated costs.

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    of 2

    Delay vs Disruption: Know your claim?

    by Shishir Kant, Senior Partner and Himanshu Batra, Principal Consultant


    at Masin
    Delay and Disruption both are inherently interrelated but distinct issues. A loss of
    productivity i.e., disruption can lead to critical delay if the impacted activities are on
    a critical path. Similarly, a delay may result into disruption if the Contractor adopt
    acceleration measures to implement the Project which may lead to tasks being carried out
    at a lower productivity than the planned and at higher costs.

    Delay and Disruption are often confusing to Project and that the Employer is responsible for such
    differentiate between. But there is a significant dis- delay;
    tinction between the two. Nonetheless both may re- ➢ That the delay affected the critical path;
    sult in cost and time overruns in the Project but the
    process of quantifying effect of delay and disruption is ➢ That the delay qualifies for time and cost as per the
    quite distinct. More attention is paid to claims conditions stipulated in the Contract;
    regarding delays, still disruption claims can also be ➢ That the Contractor suffered additional expenses
    substantial. which were not envisaged at the time it entered into
    the Contractual framework with the Employer
    The Society of Construction Law Delay and
    Disruption Protocol, 2nd Edition, February 2017 The Contractor should maintain detailed and
    (SCL Protocol), defines Delay as: accurate contemporaneous record such as the base-
    “In referring to ‘delay’, the Protocol is concerned with line and updated/impacted/as-built programmes, joint
    time – work activities taking longer than planned. In record of delay events, correspondences exchanged
    large part, the focus is on delay to the completion of between the parties etc. in order to support his Claim.
    the works – in other words, critical delay. Hence, The Contractor should also present a detailed foren-
    ‘delay’ is concerned with an analysis of time..” sic delay analysis to support its claim for Extension of
    time by demonstrating the extent of critical delays
    The SCL Protocol defines Disruption as: faced on the Project. There are various delay analysis
    “In referring to ‘disruption’, the Protocol is concerned with techniques prevailing globally in the Construction
    disturbance, hindrance or interruption to a Contractor’s nor- sector namely,
    mal working methods, resulting in lower productivity or effi- ➢ Impacted As-Planned Analysis;
    ciency in the execution of particular work activities. If the ➢ Time Impact Analysis;
    Contractor is prevented from following what was its reason- ➢ Time Slice Windows Analysis;
    able plan at the time of entering into the contract for carrying
    ➢ As-Planned versus As-Built;
    out the works or a part of them (i.e. it is disrupted), the likeli-
    hood is that its resources will accomplish a lower productivity ➢ Retrospective Longest Path Analysis;
    rate than planned on the impacted work activities such that, ➢ Collapsed As-Built Analysis.
    overall, those work activities will cost more to complete and the
    The choice of delay analysis to be deployed should be
    Contractor’s profitability will be lower than anticipated”
    determined by multiple factors such as the governing
    Delay as defined by the SCL is concerned with time, conditions of the Contract, nature of the causative
    whereas disruption is concerned with the productiv- events, nature of the Project, quality of construction
    ity. Delay may have a direct impact on the contractual programme and extent of records etc.
    date of completion of the Project, depending upon its
    criticality. The delay caused can be claimed in the form For the cost claim pertaining to compensation of time,
    of EOT or LD based on the party responsible for delay the Contractor should claim time related indirect ex-
    (i.e., Employer or the Contractor). While in case of penses at the time critical delays were faced on the
    disruption, it may not affect the date of completion Project. Whereas, the Employer’s cost claim generally
    directly but still lead to monetary losses. Also, there contains the Liquidated Damages expressly stipulated
    may be no explicit contractual provision for claiming in the Contract.
    compensation for a disruption event. Presenting a claim of Disruption
    Presenting a Claim of Delay In order to claim disruption in a Project, the
    For instance, delays emanating from an Employer’s Contractor needs to prove that its productivity has
    risk event were faced on a Project. In order to claim suffered due to impediments for instance, non-avail-
    the time and cost owing to such delay, the Contractor ability of proper access to reach Project site, Physical
    would need to demonstrate the following: conditions encountered at site being different from
    ➢ That the delay has genuinely occurred on the what was envisaged at the time of bid etc. resulting in

    EXPERT WITNESS JOURNAL 8 APRIL 2022


    underutilization of its resources resulting in monetary
    loss. The Contractor needs to prove the following:
    ➢ Disruptive events have occurred, resulting in lower
    productivity;
    ➢ The events were not envisaged at the time bid was
    submitted by the Contractor;
    ➢ The events were responsibility of the Employer;
    ➢ The events entitle the Contractor for compensation.

    Similar to the case of delay, contemporaneous records


    should be maintained for claiming disruption. The
    Contractor here needs to have a legal entitlement to
    claim for disruption with respect to the events
    reported by it.

    There are various Disruption analysis techniques such


    as:
    ➢ Productivity-based methods
    • Project specific studies
    o Measured mile analysis
    o Earned value analysis
    o Programme analysis
    o Work or trade sampling
    o System dynamics modelling
    • Project comparison studies
    • Industry studies
    ➢Cost-based methods
    • Estimated vs. incurred labour analysis
    • Estimated vs. used cost analysis
    In claiming disruption, the Contractor needs to prove
    the cost it has incurred would have been lower if not
    for the disruption i.e., the planned cost was lower than
    the actual cost incurred on the Project. It is more likely
    a breach of Contract implying that the Contractor was
    prevented from carrying out its work according to the
    Contract and as-planned.
    Mr Tom Makokha BSc (Hons) FRICS
    Construction Consultant & Surveyor
    Significance of Distinction Tom Makokha is an highly experienced Chartered Building Surveyor (FRICS), Expert
    Delay and Disruption both are inherently interrelated Witness and Project/Programme Manager.
    but distinct issues. A loss of productivity i.e., disrup- He has experience managing many varied development projects from the initial client
    tion can lead to delay and, if the impacted activities are briefing, through design, construction and up to and including post contract installations.
    on critical path, that can be critical delay. Similarly, a He has worked in both the private and public sectors, successfully delivering trans-
    formative large scale projects and programmes, both domestically and internationally.
    delay may result into disruption if the Contractor
    He is conversant with, and has utilised an array of different standard procurement routes.
    adopt acceleration measures to implement the Project
    Furthermore, he has extensive and diverse sector knowledge, comprising, but not limited
    which may lead to tasks being carried out at a lower to, retail development, commercial development, development and redevelopment and
    productivity than planned and at higher costs. modernisation works, in both the public and private sectors.
    Both the issues can have overlapping monetary He is also accomplished leader of project teams on many varied projects, completing them
    consequences as well. all on time and within budget, while always achieving the client's objectives.
    He is also a mentor experienced in the recruitment, training and stewardship of large
    The fundamental difference between delay and dis- professional procurement teams. He is also an RICS accredited Assessor and examines
    ruption is that both the claims are needed to be pur- candidates for the RICS assessment of professional competence, in both Building
    Surveying and Project Management disciplines.
    sued individually as the basis of both the claims is
    different. The delay and disruption analysis both fol- Areas of expertise encompass:
    l Section 11 Housing Disrepair Landlord & Tenant matters
    low different methodologies. In delay analysis, the l Landlord & Tenant Act housing disrepair CPR compliant Expert Witness Reports.
    focus is on loss of time whereas in case of disruption l Real estate Project/Programme Management in both domestic and global markets.

    analysis the focus is on loss of productivity, both l Budget Control RAID Management Project Planning Project Lifecycle Management

    resulting in financial damages. Project documentation implementation and management Stakeholder Management
    l Trouble shooting problamatic and distressed and schemes and programmes.

    In conclusion, knowing the distinction between delay Contact Name: Construction Boffin
    and disruption will enable you to differentiate your Tel: 07426 805 967
    Email: tom@constructionboffin.com
    claims in a better way, resulting in a better chance at
    Website: www.constructionboffin.com
    getting them approved. Area of Work: Nationwide and Worldwide

    EXPERT WITNESS JOURNAL 9 APRIL 2022

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