Refusing on notice alone
Notice logs, submission dates, change records and responses may help explain how a time request was administered. Their practical significance depends on the project history, contract requirements and available evidence.
For Developers, Owners & Public Entities
Request for Extension of Time Analysis
A time-request review may consider notice records, reported events, completion effects, concurrent delay on the critical path and supporting submissions. The scope and sequence depend on the project facts, records and contract administration. How concurrent delay is treated depends on the contract and applicable law, which are for counsel and the tribunal. That delays were concurrent on the critical path does not, by itself, resolve questions of entitlement or apportionment.
A time-request review may consider event timing, completion effects, float, concurrent delay on the critical path and supporting information, together with notices, submissions and responses in the contract-administration record.
Contemporaneous records and later information may each contribute to an assessment. Their source, timing, consistency and limitations affect their interpretation in the circumstances.
Assessments are also worth writing to be read by a third party later. Reasons given plainly, with the evidence identified and the analysis explained, are far more useful than a bare refusal, both because they are more likely to resolve the matter and because they will be read closely if it is not resolved.
Possible assignment considerations
In practice
- 01
Request, events and effects
What do the request, event history, administrative records and schedule evidence each show?
- 02
Weigh the contemporaneous record
Test the account against documents made at the time, including whether any required notice was given.
- 03
Analyze the effect on completion
Examine the activity's effect on the critical path, including any float it consumed, with the schedule, assumptions and time perspective stated.
- 04
Give reasons in writing
Set out the assessment, the evidence relied on and the analysis, in terms a third party could follow.
Considerations and limitations
Questions and limitations to consider
Conflating the request with its documented time effects
Granting or refusing on the character of the event without testing whether completion actually moved.
Unreasoned rejection
A response without reasons gives the contractor and the project record little to work with; the review states what was examined and why.
Request for Extension of Time Analysis
Talk to a consultant
Also in this practice
Developers, Owners & Public Entities Construction Administration Services
- Baseline Construction Schedule AnalysisReviewing a submitted baseline, its assumptions and the scheduling requirements.
- Schedule Update AnalysisChecking each update against the last, so drift is caught while it is small.
- Project Progress MonitoringTechnical verification of where a project actually is.
- Time Impact Analysis (TIA)Testing whether a submitted time impact analysis actually demonstrates what it claims.
- Change Order Requests AnalysisReviewing change documentation, pricing, schedule effects and contract administration.
- Requests for Equitable Adjustment AnalysisAuditing a request for equitable adjustment against the contract and the record.
- Assistance with Preparation for Schedule Requirement SpecificationsWriting the scheduling requirements so the project produces a record worth having.
- Estimating AssistanceTechnical cost checks on budgets, proposals and disputed valuations.