Compensable delay is delay of tasks on the schedule’s critical path for which the project owner is responsible. For decades, critical path method (CPM) analysis—in one form or another—has been the preferred tool for measuring delay. However, in the absence of a contractual or regulatory requirement, CPM analysis is not the only method.
The Court of Federal Claims was recently persuaded by a comparison of an as-built schedule and an as-planned schedule. The contractor’s failure to maintain contemporaneous schedule updates prevented the use of CPM. The comparative technique was effective because the project was linear and repetitive in nature.
The other case in this issue involved a salaried engineer’s right to overtime compensation. The engineer argued he should not be exempt under the “learned professional” exception because he spent time out of the office at job sites.
