Delay Claims Research Articles

ANALYZING THE IMPACT OF CONSTRUCTION DELAYS ON DISPUTES IN INDIA: A STATISTICAL AND MACHINE LEARNING APPROACH

In Major construction projects execution and performance were being negatively impacted by claims and disputes in terms of cost overrun, quality, stakeholders relationships, and productivity. Therefore understanding the significance of underlying the claims is essential. In this study, the primary root causes behind delay claims and disputes in construction projects were identified, examined, and rated. The significance of these factors was assessed using Relative Importance Index (RII) values. In addition, a machine learning model employing the Random Forest Genetic Algorithm (RFGA) was implemented to foresee the related risks and ascertain their levels. In a pilot survey, the data were collected across multiple construction projects at different phases such as scrutiny stage, design and planning stage, bidding stage, operation stage, and maintenance or after-construction stage. From Relative Important Index values from the statistical approach, it emerges that delay claims are generally causes from the owner followed by project-specific activities. Delays in processing bill payments, natural disasters, lack of contract awareness, and delay in final bill payment are the top causes of delay claims which converted to conflicts and disputes in mostly operating stage. The Random Forest Genetic Algorithm model predicted that factors like altering the original design, reluctance to cooperate by contractor, and increase of wages have lower risk whereas factors Poor site conditions, delay in approvals of schedules and change orders, natural calamities, late in running bill payment, repetition of work due to error in original work are at higher risk in terms of conflict and dispute. The model gives an accuracy of 0.89 and 0.87 for training data and testing data. The study will highlight possible research avenues and enhance project management strategies so that the project succeeds its goal.

Dispute Causes Analysis Using Analytical Hierarchy Process for Capstone Projects

Abstract: A disagreement, conflict, or subjective matter that leads to a legal process is termed as a dispute. The likelihood of a dispute arising in a loosely framed large scale construction project is high, which has an impact on project progress and can be considered a type of project risk. When different parties associated with the project are unable to resolve the disputes arising during the contract period it can be resolved by applying Alternate Dispute Resolution (ADR) technique which includes Arbitration, Litigation, Mediation and Conciliation. There are several types of construction disputes in construction projects like price escalation claim, change of work order claim, extra item claim, variation claim, loss of profit claim, delay claim which can be differentiate in various categories of dispute causes.

A comprehensive review of delay analysis techniques for solving concurrent delays

PurposeConstruction projects commonly encounter complicated delay problems. Over the past few decades, numerous delay analysis methods (DAMs) have been developed. There is no consensus on whether existing DAMs effectively resolve delays, particularly in the case of complex concurrent delays. Thus, the primary objective of this study is to undertake a comprehensive and systematic literature review on concurrent delays, aiming to answer the following research question: Do existing delay analysis techniques deal with concurrent delays well?Design/methodology/approachThis study conducts a comprehensive review of concurrent delays by both bibliometric and systematic analysis of research publications published between 1982 and 2022 in the Web of Science (WoS) and Scopus databases. For quantitative analysis, a bibliometric mapping tool, the VOSviewer, was employed to analyze 68 selected publications to explore the co-occurrence of keywords, co-authorship and direct citation. Additionally, we conducted a qualitative analysis to answer the targeted research question, identify academic knowledge gaps and explore potential research directions for solving the theoretical and practical problems of concurrent delays.FindingsConcurrent delays are a critical aspect of delay claims. Despite DAMs developed by a limited number of research teams to tackle issues like concurrence, float consumption and the critical path in concurrent delay resolution, practitioners continue to face significant challenges. This study has successfully identified knowledge gaps in defining, identifying, analyzing and allocating liability for concurrent delays while offering promising directions for further research. These findings reveal the incompleteness of available DAMs for solving concurrent delays.Practical implicationsThe outcomes of this study are highly beneficial for practitioners and researchers. For practitioners, the discussions on the resolution process of concurrent delays in terms of identification, analysis and apportionment enable them to proactively address concurrent delays and lay the groundwork for preventing and resolving such issues in their construction projects. For researchers, five research directions, including advanced DAMs capable of solving concurrent delays, are proposed for reference.Originality/valueExisting research on DAMs lacks comprehensive coverage of concurrent delays. Through a scientometric review, it is evident that current DAMs do not deal with concurrent delays well. This review identifies critical knowledge gaps and offers insights into potential directions for future research.

S-curve adjustment approaches for a force majeure event: COVID-19 as an example

PurposeAn S-curve is an essential project-management tool. However, it is difficult to adjust S-curve to deal with a force majeure event. The present study develops four valuable adjustment approaches, designed to achieve a compromise between the views of the client and contractor. These can be used to control projects after a force majeure event.Design/methodology/approachThe present study develops four adjustment approaches, which can be used to achieve a compromise between the views of the client and those of the contractor when controlling projects after a force majeure. To determine the S-curves during a force majeure event, two approaches can be selected: BCWS (budgeted cost of scheduled work)-base approach, or BCWP (budgeted cost of work performed)-base approach. To determine the rest of S-curves after a force majeure event, two approaches can be considered: maintaining the original curve of the remaining BCWS, or allocating the original curve of the remaining BCWS. Based on the validation of three empirical cases, drawn from a professional project-management website, this study confirms the feasibility of four proposed empirical approaches and a selection procedure for S-curve adjustment.FindingsThe S-curve-adjustment approaches presented here can be used to deal with cases that are ahead of, on and behind schedule. Using the proposed approaches and selection procedure, contractors can easily revise S-curves and control projects more effectively. To deal with a force majeure event, such as COVID-19, they are strongly advised to adopt the approaches labeled SA-A1 (to adjust the S-curve based on the extension ratio multiplied by the difference in progress during the force majeure) and SA-B1 (to maintain the original curve of the remaining BCWS) for the A/E and E/F curves, respectively.Research limitations/implicationsThe proposed approaches can be used in cases of continuous construction during force majeure events. If construction work is totally suspended during such an event, it will be necessary to fine-tune the proposed approaches.Originality/valuePrevious studies have used case-oriented or mathematical-simulation approaches to forecast S-curves. The present study proposes simple approaches that allow the client and contractor to adjust the S-curve easily after a force majeure event. These approaches can be used to adjust work and project-completion targets within an extended duration. Selecting the right S-curve adjustment approach can help to control the remainder of the project, reducing the possibility of delay claims.

INDISPENSABLE DELAY ANALYSIS METHOD SELECTION: AN INTEGRATED AHP-RII APPROACH

A delay is an inevitable event in construction projects due to their intricacy and dynamic nature, therefore, the project parties frequently come to disputes about which party is liable for schedule delays. Delay analysis methods are gradually evolved and are used to steadily determine and apportion delay’s responsibilities. Notwithstanding, courts and arbitrary boards have not legalized any specific standard category of delay analysis technique to timely evaluate the impact of activity(es) delay on to total project duration. Also, there is no universal delay analysis method that can be used better than the others under certain circumstances. This research, thus, targets to seek the most appropriate and fundamental DAM for delay claims resolution. The study methodology adopted in the research by conducting an extensive literature review to identify current delay criteria which have much more impact on the selection of delay analysis method than existing delay analysis method is also carried out for an efficient discussion with a panel of experts. An Integrated Analytical Hierarchy Process and Relative Importance Index (AHP-RII) approach is ideally employed to analyze the highest and the most priority delay analysis method along with the critical factor weight influencing detecting the most proper type of delay analysis. Study findings are very authentic by fairly selecting the best delay analysis method based on reliable delay factors and available delay analysis methods. The researchers and practitioners may yield viable study outputs for incipiently practical preparation of a variety of data and documents which can be publicly supported as active and valid evidence for future claims.

Contractor Faces Legal Hurdle When Proving its Delay Claim

Contractor Faces Legal Hurdle When Proving its Delay Claim

A Path to Establishing Delay and Disruption Claims for Contracts Entered into Prior to the Start of the COVID-19 Pandemic

Since early 2020, COVID-19 has had devastating and ongoing health and economic impacts worldwide. The construction industry has not been immune to these impacts. Although construction was generally deemed essential, in some jurisdictions only certain sectors of the construction industry were deemed essential and therefore allowed to continue with work. Any construction that took place was subject to additional precautions that may have resulted in delay and disruption claims. The methodology of the paper involves a review of primary and secondary legal resources in the United States that are used to derive applicable rules of law. Those rules of law are then applied to force majeure contract language from the American Institute of Architects to outline the criteria for successful delay and disruption claims. For construction contracts entered into prior to the onset of the pandemic, delay claims will likely result only in an extension of the contract time, whereas disruption claims may result in additional time and/or money depending on how the contract addresses unforeseen costs. In the absence of express contract terms addressing unforeseen costs in a situation such as COVID-19, principles of equity will dictate whether additional compensation is granted.

Simulation-Assisted Project Data Integration for Development and Analysis of As-Built Schedules

As-built schedules are an essential tool for evaluating contractors’ schedule performance and analyzing delay and lost productivity claims. Yet, most often construction schedules are not updated frequently and/or accurately as required, which limit the availability of as-built schedules. Furthermore, the retrospective development of as-built schedules, when sufficient and reliable project data is available, is a lengthy and costly process. This study describes a simulation-assisted modeling approach that automatically processes and integrates schedules progress data and develops as-built schedules at the activity level. The proposed method uses conceptual entities that are central to the operation of simulation models and whose content changes as they route through the schedule network model. The approach introduces (1) an entity information model that records relevant schedule information either in a materialized or virtual form, and (2) an entity lifecycle model that imitates the possible routes an entity instance may maneuver through in a schedule network model which, together, simultaneously respond to schedule logic and invoking duration changes. To demonstrate its effectiveness, a prototype based on the framework was developed using Excel and MS Project and was tested with a real case study. The study is expected to facilitate the development of as-built schedules for the analysis of delay and time extension claims.

Keterlambatan Proyek yang Disebabkan oleh Owner: Evaluasi Faktor-Faktor Penyebab dan Klaim Kontraktor

Delays in construction projects are generally understood to be the sole responsibility of the contractor. In fact, these delays can also be caused by factors that actually are the responsibility of the owner, resulting in project completion exceeding the contract target date. As a result, the contractors can be affected and suffer losses due to delays that are not actually their responsibility. This study intends to evaluate project delays caused by the owner and the delay claims submitted by the contractor. This research is exploratory and uses a mixed method of quantitative and qualitative approach. Data was collected through interviews and questionnaires with 80 respondents of the construction industry. The study found five main factors causing delays caused by the owner, including: land acquisition problems, changes in design and work instructions, payment problems, and unclear drawings in the contract documents. Of these delays, the majority (93%) were claimed by contractors, with an average claim success rate of 53%, and the compensation generally in the form of extension of project completion time (63%). The most frequently chosen claim dispute settlement method (93%) is non-litigation settlement through negotiation. This research has provided a comprehensive overview of delays due to owners and the contractor claims, and gives valuable lessons for the construction industry stakeholders to cope with delays in the future.

Delay Analysis Techniques and Claim Assessment in Construction Projects

Delay Analysis Techniques and Claim Assessment in Construction Projects

Closing the information gaps: a systematic review of research on delay and disruption claims

Purpose Delay and disruption claims involve a complex process that often result in disputes, unnecessary expenses and time loss on construction projects. This study aims to review and synthesize the contributions of previous research undertaken in this area and propose future directions for improving the process of delay and disruption claims. Design/methodology/approach This study adopted a holistic systematic review of literature following Preferred Reporting Items for Systematic Reviews and Meta-Analysis guidelines. A total of 230 articles were shortlisted related to delay and disruption claims in construction using Scopus and Web of Science databases. Findings Six research themes were identified and critically reviewed including delay analysis, disruption analysis, claim management, contract administration, dispute resolution and delay and disruption information and records. The systematic review showed that there is a dearth of research on managing the wide-ranging information required for delay and disruption claims, ensuring the transparency and uniformity in delay and disruption claims’ information and adopting an end-user’s centred research approach for resolving the problems in the process of delay and disruption claims. Practical implications Complexities in delay and disruption claims are real-world problems faced by industry practitioners. The findings will help the research community and industry practitioners to prioritize their energies toward information management of delay and disruption claims. Originality/value This study contributes to the body of knowledge in delay and disruption claims by identifying the need for conducting more research on its information requirements and management. Subsequently, it provides an insight on the use of modern technologies such as drones, building information modeling, radio frequency identifiers, blockchain, Bigdata and machine learning, as tools for more structured and efficient attainment of required information in a transparent and consistent manner. It also recommends greater use of design science research approach for delay and disruption claims. This will help to ensure delay and disruption claims are the least complex and less dispute-prone process.

An investigation of difficulties in information management for delay and disruption claims

Information is important for making successful delay and disruption claims in construction projects. Without the required and complete information, it becomes challenging to provide supporting evidence for the damages incurred due to various delay and disruption events. However, there are several difficulties associated with managing the information needed for delay and disruption claims, which create complexities in the substantiation and resolution of these claims. This research, therefore, aims to explore such difficulties and propose recommendations for its mitigation to improve the process of delay and disruption claims. To achieve this, the concept of information management was adopted. Based on systematic review of literature using well-recognized databases (SCOPUS and Web of Sciences) and following PRISMA guidelines, 26 different difficulties were identified and prioritised in the collection, storage, access, and use of information required for delay and disruption claims. Incomplete information, lack of human resources, poor communication, verbal instructions and inaccuracy in recorded information were found to be the most common difficulties in the information management for delay and disruption claims. Recommendations are given to overcome the identified difficulties through available modern digital technologies such as drones, the internet of things, BIM, blockchain, bigdata and machine learning etc. This will pave way to obtain complete and accurate contemporaneous information on delays and disruptions in construction projects. Moreover, effective information management for delay and disruption claims will not only improve the process but also help in avoiding and/or amicably resolving disputes between contracting parties.

Factual Disagreements in Construction Delay Disputes: Identification, Evaluation and Testing of the Justifications for Differences in Opinion

Construction delay claims are a leading cause for disputes in the sector. There are two primary aspects to such disagreements: legal and factual. The focus of this paper is the latter. It identifies, evaluates and ranks the factors that impact the analysis of evidence concerning construction delays. The research method is two-fold, involving content analysis of twenty case studies, that identifies the reasons for difference in expert opinion (or factors), and testing of these findings in a survey questionnaire designed to examine the impact and comprehensiveness of those factors. This method provides a more rigorous assessment than previous studies and therefore a more precise list of variables. It is concluded that the factors can be grouped into two categories: (i) materials and documents and (ii) matters of interpretation. Although both categories are important, the deficiencies in the former are often exploited by the parties and/or legal professionals to generate conflicting results in terms of extension of time entitlements. Incorrect, incomplete, undisclosed and/or unagreed records and procedures are used to generate ambiguity and create opportunities to perpetuate claims and disagreements. The work presented here provides additional support to the proposition that opportunistic behaviour is at the core of factual delay disputes and further evidence that tailored contractual delay protocols such as delay analysis clauses can be an effective aspect of a broader solution.

Before God, Exercises in Subjectivity by Steven DeLay, Rowman & Littlefield International, London and New York, 2020, pp. xi + 187, £80.00, hbk

Before God, Exercises in Subjectivity by Steven DeLay, Rowman & Littlefield International, London and New York, 2020, pp. xi + 187, £80.00, hbk

BIM aided information and visualization repository for managing construction delay claims

Delays in construction result in a multitude of negative effects on project performance, and severe dismays among participating parties. This study aims to digitize the traditional process of recording and managing the construction delays using Building Information Modeling (BIM). Extensive literature review followed by semi-structure interviews of 21 industry experts were carried out to identify the issues faced by construction stakeholders in managing construction delays. To resolve these issues, a plugin named BIM-based Construction Delays Recorder (BIM-CDR) is developed using Application Programming Interface (API) of the most commonly used BIM software i.e. Autodesk Revit. BIM-CDR provides a centralized repository, encompassing detailed information related to delays, which can be retrieved and visualized to analyze their impact on delay claims. To assess the effectiveness of BIM-CDR, a feasibility study is conducted with the experts’ review panel. The results revealed that BIM-CDR can record wide-ranging information related to all the significant issues causing delays on construction sites, and can help in effectively managing their corresponding claims. The advantages of the developed prototype include visualization of delays’ location, facilitation of delay analysis and effective delays management. Moreover, it also promotes transparency and speedy settlement of delay related claims without any unwanted disputes.

Toward Better Applicability of Public Procurement Law: Delay Claims by the Contractor and Limit of Compensation under the Performance Guarantee

AbstractContracts between government and private entities are a daily occurrence. The administrative contracts are concluded by selecting the private partner by the public authority, through the me...

Ontology for Linking Delay Claims with 4D Simulation to Analyze Effects-Causes and Responsibilities

AbstractVisualizing and analyzing the specifics of delay claims in relation to effects and causes and assigning responsibility are a challenge for attorneys, jurists, and judges. Four-dimensional (...

Upaya Perbaikan Keterlambatan Pengajuan Klaim BPJS Kesehatan Pada Unit Rawat Inap di RSIA Srikandi IBI Jember Tahun 2019

Based on a preliminary study at RSIA Srikandi IBI Jember, there was a delay in submitting claim health BPJS to the inpatient unit over the next ten months. The delay in submitting claim health BPJS as many as 28 days with 353 inpatient files (57,5%) in January 2019, while February as 31 days with 249 inpatient files (78,3%) and March 29 days with 313 inpatient files (75,0%).It would harm hospital finances because of delays in the payment of health BPJS funds. This research aimed to improve the delay claim of health BPJS in inpatient units at RSIA Srikandi IBI Jember. This research used a qualitative method with interviews, observation, questionnaires, and brainstorming to collect data methods. This research showed that the cause of delay in submitting claims health BPJS by material factor was incomplete inpatient claim such as medical resume, the result of examinations. The Plan made SOP submit requests claims BPJS to the inpatient unit, the checklist of BPJS document, and SOP to verify the completeness and accuracy to the inpatient claim. The Do stage accepts the SOP to the hospital director. Stage of Check is to see the result of implementation claim health BPJS to the inpatient unit in February-April 2020, and that showed a decrease in the number of delays in submitting claims health BPJS at the hospital. Action steps were known that these efforts could help the BPJS health claims process.

Review and Survey of 4D Simulation Applications in Forensic Investigation of Delay Claims in Construction Projects

AbstractFour-dimensional (4D) simulation is not frequently used in courtrooms because it is considered costly, complex, and risky. The experience in litigation systems reveals that many expert witn...

Delay analysis in order execution and production in gems & jewellery industry : A case study

In this modern world of cut-throat competition, meeting customer satisfaction within the given deadline has become the prime motive of all the manufacturers, be it ceramic industry, rubber industry, or even jewellery industry. Especially when the manufacturing process is adversely affected by various controllable and uncontrollable factors, this results in project delays. Such factors would definitely have a negative impact on the performance of the project. Delay claims may be the most problematic type of dispute case to handle, along with the money associated with increased costs and expenses for delays on a project. As a outcome, the identification and analysis of delays become essential. In this paper the knowledge of industrial engineering concepts is studied tentatively over a time study in jewellery industry. The investigation is carried out to find out the standard time of employee and find out a solution to maximize the labour efficiency based on the knowledge of industrial engineering. The methodology included is preparing the letter to the industry, industry visit, process listing data collection, analysis of data, result and discussion of data, interview with owner and conclusion.