Delay Anomalies: Concurrent Delay, Pacing & Ghost Schedules

As CPM schedules have become more complex to better represent the realities of project conditions and the project risks, the identification and measurement of project delay has become just as complicated. The goal of this course is to discuss some of those delay anomaly issues, to define concurrency and its defenses, and the use of ghost schedules.

Some of delay issues include a discussion of critical path delays that don't delay the project and critical path shifts. We will use examples to demonstrate when critical path delays don't result in project delay and to illustrate how and why critical path shifts occur.

When owners impose liquidated damages at the end of a delayed project contractors typically respond with allegations of concurrent delay. That is, they argue, some or all of the project delay was actually caused either by the owner or an outside force which forgives liquidated damages. As owners generally do not impose liquidated damages until the end of the project, the contractor's claim of concurrent delay frequently is not submitted until the project is complete. This webinar explores various defense mechanisms available to either party to defeat the quot;concurrent delay defense." One of these defenses is the "pacing" argument. The webinar will define the term and identify what a pacing delay is. The webinar explores the right of both parties to pace their progress.

The presentation also addresses the practical impact of a pacing delay, both to the project as well as to a contractor's delay claim. Thus, owners and contractors often find themselves at odds with one another over the right to pacing delay and the practical effect of pacing delays in delay claim situations. This webinar is intended to provide a better understanding of pacing delays and how they ought to be handled.

Ghost Schedules, also known as secret or shadow schedules, are used "behind the scenes" on construction projects for various purposes. Contractors use them to record their original plan when owners refuse to approve early completion schedules or fail to grant time extensions as well as to manage subcontractors/suppliers to early finish dates. They are used for planned early completion schedules, "target" schedules, others' buy-in for early completion, and contemporaneous project decisions.

Listen to this information-packed webinar to:

• Understand why delays to the critical path may not delay the project
• Learn what critical path shifts are and why they occur
• Discover concurrent delay arguments and defenses, specifically pacing
• Get familiar with how and why ghost or shadow schedules are used

This event features key insights from our knowledgeable construction expert:

Mark Nagata, PSP, is a director and shareholder with Trauner Consulting Services, Inc. His expertise lies in the areas of critical path method scheduling, construction claim preparation and evaluation, dispute resolution, technical document development and cost analysis. He has performed virtually all types of analyses, including delay, productivity and efficiency costs, and the determination of damages on varied projects throughout the U.S. and abroad.