Architect and Builder August 2017 | Page 21

“Adequate logic is the prerequisite for a CPM schedule…” It is not only the contractors who came under scrutiny, in a study by the Chartered Institute of Building (CIOB) in the UK in 2009 it was indicated that only 14% of professional respondents were familiar with the use of a fully-linked critical path network or programme to manage a project. Very few principal agents have the practical experience or expertise in scheduling which is required to perform programme reviews, let alone an analysis of a claim based on such a programme. I found that of the 15 principal agents interviewed in our study, none had any knowledge of applying formal methods of delay analysis used for calculating delay. This is not to say they are applying the wrong methods, it simply indicates they are applying their own methods, some of which conforms to the formal methods and others are simply so colourful that one can only marvel at the creativity on display. And marvel we should, as an Architect, is this not part of what you get paid for? Time Claim Conundrum Professionals are also under pressure to keep abreast of the latest software developments in their own field of expertise. No one can expect them to also be experts in the widely adopted scheduling suites like CCS’s Candy, Primavera or MS Project. In essence, our conundrum is sum- marised as follows: 1. The standard forms of agreement we use, obligate a contractor to submit a construction programme. These pro- grammes are now used as the basis for proving and evaluating claims. 2. Said programmes are created without any standard or accepted guidelines. Also, contractors produce these programmes by means of scheduling software that is inaccessible by the professionals presiding over the project. 3. Currently, none of our standard forms of contract contain an express or any provision to indicate a specific technique or method on how a principal agent should interpret and evaluate the effect of a delay for the extension of time claim before awarding it to the contractor. 4. Professionals presiding as principal agents are experts in their own right and as such, have limited knowledge or practical experience in drawing up construction programmes or using it to calculate the effect of a delay. The conundrum contributes to the subjective and uninformed management of delay claims within the industry. Extension of time evaluations are over- whelmed with complexities and parties habitually struggle to reach agreement on the entitlement, evaluation and duration of events that affected the initial completion date. The time has come for our industry to confront this matter. We need to lift the veil on the skills and knowledge requirements of this topic and we need to agree on a standard going forward. Without it, I’m afraid we are obstructing the much needed transparent, amicable and expeditious resolution of delay claims. 21