This Subject Series<\/a> addresses the sources and implementation of a contract schedule specification.\u00a0 The Subject Series<\/a> structure is and will be multiple parts and be a logical extension of the series titled MANAGING RISK OF DELAY<\/a><\/strong>.<\/p>\n The overview of this series<\/a> is:<\/p>\n The balance of this post and subsequent ones in this series are\/will be from this\u00a0paper.\u00a0 In general, this informative work compares two approaches to schedule specification<\/strong> implementation.<\/p>\n This extract \u00a0covers:<\/p>\n WEATHER DELAYS<\/strong><\/p>\n Since work days lost on critical activities due to abnormal weather entitle the Contractor to a time extension and relief from liquidated<\/strong> damages<\/strong>, it is important to identify the number of work days normally lost due to bad weather each month.\u00a0 This can be a source of disagreement between the Contractor and the Owner either during or after a project.<\/p>\n Rather than distinguishing between abnormal and normal weather days during construction, some Owners grant time extensions for any time lost due to weather.\u00a0 This means that the project cannot be completed by the original contract completion date if any precipitation at all affects activities on the critical path<\/strong>.<\/p>\n By defining the average work days lost per month in the schedule specification, the Contractor can incorporate the appropriate weather contingencies in each activity duration.\u00a0 Arguments are eliminated during the project.\u00a0 And, the project will complete on schedule unless abnormal weather conditions occur.\u00a0 The DFW Airport specification includes the following table for planning purposes and for determining excusable weather delays during construction:<\/p>\n \u201cFor planning purposes, the following shall be considered average work days lost per month due to weather condi\u00adtions:\u201d<\/p>\n Lost Time<\/p>\n \u201cMonth\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Work Days\u201d<\/p>\n January\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 5<\/p>\n February\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 4<\/p>\n March \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 5<\/p>\n April\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 6<\/p>\n May\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 6<\/p>\n June \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 4<\/p>\n July\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 4<\/p>\n August\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0 4<\/p>\n September\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 5<\/p>\n October\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0 4<\/p>\n November \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 4<\/p>\n Decem\u00adber \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 4\u201d<\/p>\n \u201cContract time extensions for abnormal weather will be granted\u2026only to the extent that the actual time lost [on critical activities] during a particular month exceeds the average lost time indicated in the above table.\u00a0 Time extensions granted for abnormal weather are not compensable.\u201d<\/p><\/blockquote>\n THE APPROVED SCHEDULE<\/strong><\/p>\n What is meant by the approved schedule<\/strong>?\u00a0 Contractors are fond of arguing that the approved schedule<\/strong> is merely a guide for actual contract performance and that the actual sequence and duration of activities may vary greatly from the original plan.<\/p>\n However, the schedule must be more than merely a guide during construction.\u00a0 For example, the approved schedule (adjusted by any excusable delays) is the tool for determining whether or not the Contractor is behind schedule.\u00a0 If the Contractor is behind the properly adjusted schedule, the Owner can direct the Contractor to accelerate (at no cost) to recover the lost time or, in extreme cases, the Owner can terminate the Contractor for default for failing to perform the work in a timely manner.<\/p>\n Thus, the approved schedule<\/strong> is more than merely a guide.\u00a0 It is the vehicle for determining entitlement to time extensions and delay damages and for determining breach.\u00a0 The Contractor may vary from the approved progress schedule provided that actual progress is ahead of or equal to planned progress.<\/p>\n There is another potential problem with schedule approval.\u00a0 What happens if the approved schedule<\/strong> is not reasonable?\u00a0 Does the Owner assume any liability if, through a schedule omission by the Contractor, three activities with a combined duration of 90 days are missing from the critical path?\u00a0 The general answer to this last question is no.\u00a0 However, to avoid an argument, it is easier to answer the question directly with a contract clause.<\/p>\n DFW defines the responsibility for the reasonableness of the approved schedule in two clauses:<\/p>\n \u201cThe Contractor shall be responsible for assuring all work sequences are logical and the Network shows a coordinated plan for complete performance of the Work.\u00a0 Failure of the Contractor to include any element of work required for performance of the Contract in the Network shall not excuse the Contrac\u00adtor from completing all work within the Contract Time.\u201d<\/p><\/blockquote>\n and<\/p>\n \u201cIn the event the Contractor fails to define any element of work, activity or logic and the BOARD review does not detect this omission or error, such omission or error, when discovered by the Contractor or BOARD, shall be corrected by the Contractor at the next monthly Schedule Update.\u201d<\/p><\/blockquote>\n DFW defines the role of the approved schedule in a third clause.\u00a0 The clause is capitalized in the specification for emphasis.<\/p>\n \u201cAPPROVAL OF THE SCHEDULE BY THE BOARD DOES NOT RELIEVE THE CON\u00adTRACTOR OF ANY OF ITS RE\u00adSPON\u00adSIBILITY WHATSOEVER FOR THE ACCURACY OR FEASI\u00adBILITY OF THE SCHED\u00adULE.\u00a0 HOWEVER, TO THE EXTENT THAT THE AP\u00adPROVED SCHED\u00adULE IS REASONABLE, IT BECOMES A PART OF THIS CONTRACT AND DEFINES THE OBLIGATIONS OF BOTH THE CONTRAC\u00adTOR AND THE BOARD TO ACHIEVE A TIMELY CONTRACT COMPLETION.\u201d<\/p><\/blockquote>\n The approved schedule<\/strong>, if reasonable, becomes a part of the contract defining the obligations of both parties to achieving a timely contract completion.<\/p>\n This series of posts will continue with further extracts from the\u00a0paper (please see above for title).<\/p>\n It is important to note that McLaughlin and McLaughlin [M&M]<\/a><\/strong> is not a law firm and is not intending to provide legal advice.\u00a0 M&M<\/a><\/strong> is a consulting firm providing (among other services) non-legal expertise in dispute resolution and litigation support.\u00a0 The Resource Center<\/a> is for the convenience of blog visitors and M&M<\/a><\/strong> does not offer this for commercial purposes.\u00a0 For further information on M&M<\/strong> <\/a>services, please see<\/em> <\/em>www.McLaughlinandMcLaughlin.com<\/a><\/em><\/strong>.<\/em><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p><\/blockquote>\n <\/p>\n <\/p><\/blockquote>\n <\/p>\n <\/p>\n <\/p><\/blockquote>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n This Subject Series addresses the sources and implementation of a contract schedule specification.\u00a0 The Subject Series structure is and will be multiple parts and be a logical extension of the series titled MANAGING RISK OF DELAY. The overview of this series is: Managing Risk of Delay \u2013 Schedule Preparation and Maintenance (Part 4) Managing Risk […]<\/p>\n","protected":false},"author":2,"featured_media":929,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_s2mail":"yes"},"categories":[9,49,16,8],"tags":[153,162,80,151,127,112,126,111,154,88,78,79,102,152],"jetpack_featured_media_url":"http:\/\/projectprofessionals.org\/wp-content\/uploads\/2011\/08\/MP900442465.jpg","_links":{"self":[{"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/posts\/910"}],"collection":[{"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/comments?post=910"}],"version-history":[{"count":23,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/posts\/910\/revisions"}],"predecessor-version":[{"id":1826,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/posts\/910\/revisions\/1826"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/media\/929"}],"wp:attachment":[{"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/media?parent=910"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/categories?post=910"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/tags?post=910"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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