Scheduling for Lawyers

• Importance of Project Scheduling
• Fundamentals of CPM Scheduling
• Background information - Primavera
• Techniques in Delay Analysis
• The Schedule Expert

Abstract

A successful construction project can typically be described as a project that is delivered on time, on budget, and within the expectations of the parties involved. Achieving success on a construction project is a complex task that generally requires considerable planning and effort. Consider a project with a $10 million contract price and a planned project performance period of one year, or 250 working days. Such a project requires that the contractor plan and execute a work scope that incorporates, on average, $40,000 of construction work per working day. Now consider a large petrochemical project such as often encountered along the Gulf Coast, or perhaps a large interstate highway expansion project. These types of projects can reach contract prices of hundreds of millions of dollars and have durations of several years. A $100 million project with a planned duration of two years would require, on average, $200,000 of work per working day. In either of these project scenarios, careful coordination of hundreds of personnel and many different interrelated trades and vendors is required. Not surprisingly, even minor impacts or deviations to any of the trades performing the work can have a substantial and potentially devastating impact on the success of the project.

Unfortunately, despite industry efforts to ensure success, such as partnering and alliances or more subtle methods involving program managers, project sponsors, and others, construction projects are not always successful. Construction claims appear to be increasing in most industry sectors. A "claim" is typically understood to be a demand asserted by one party on another party relative to a contract for specified services and/or products. On most projects a claim is an un-resolved change proposal. Project delay is often the subject of construction claims. In construction, project delay generally refers to an increase in the actual time required to complete all or a portion of the contract work over the time originally contemplated. A delay claim is therefore a request for additional time. However, in accordance with the axiom that "time is money," delay claims generally boil down to monetary relief.

Just as CPM scheduling has become an important tool in managing complex construction projects, it has also become an important component in the presentation and defense of delay claims. The accuracy of a delay analysis typically depends on the quality of the project schedules and additional project information used in the analysis. Accuracy also depends on the approach selected by the expert and its proper execution. With respect to any of the methods explained herein, an objective, reasonable and fair analysis should be based on the available facts and an in-depth review of project documentation.

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