Chapter 14 Matters of Time Flashcards
Working Day schedule is appropriate when
The site conditions are subject to delays (weather, differing site conditions)
Federal agencies use?
Calendar day schedule
State agencies use
Working day schedule
Private O uses what
Either calendar or fixes completion day
What does O require for his assurance that C will complete the job?
Requires C to submit a schedule before conference
Critical Activity
One that must start ASAP as it’s proceeding activity has been completed and must be completed in the allotted time or the project will be delayed.
Define the Critical Path Method
Longest sequence of activities in a project to complete on the due date
Who Owns the Float?
K should address it otherwise it could be either O or C.
Construction Schedule
Contract requires C to submit schedule that shows how projects is going to be executed
Calendar days
Considers all calendar days including weekends and holidays
Working Day Schedule
Considers only working days excludes weekends and holidays
Limitation of Operations
O may place a restriction on C by placing limitation of operations provision that specifically prohibits work on certain days
Three types of Delays
- The C and his agents
- The O and his agents
- Force Majeure or Acts of God
Delay of C or his agents
If delay is of such magnitude, O can terminate project if it’s too much. Usually O will try to work with C
Delay of O or his agents
- An extension is usually granted to duration
- C’s right to terminate stems only from O’s delay in making payments
Delay of Force Majeur or Acts of God
Neither parties can claim damages
No damage for delay clause
If delay was within contemplation of the parties at the time the K was entered, no damage clause in Valid.
Exculpatory clause
Excuse one of the parties to the K from liabilities which that party would otherwise incurr
Excusable Delays
- Acts of God
- Weather delays
Actual Acceleration
Direct orders from O to increase workers, work overtime, or extra shifts
Constructive Acceleration
Increasing workers to catch up on excusable delays because of O’s refusal to grant extension
Termination for default of C
Owner lists the conditions under which the owner will terminate the contract and make a claim against the contractor for damages
Termination for Convienience
O may choose to stop project regardless of completion status if it’s in best interest to O
Per Diem
Liquidated damages per delay day
Completion of project
When the space can be occupied and used for intended use
Certificate of occupancy is provided
Substantially Complete
Space can be occupied despite minor deficiencies and corrections
Punch List
Documentation of minor deficiencies of project
Ripple Effect
The cost impact of a change or delay on one work item has effect on various portions of project
Home Office Overhead
Includes the costs of operating and maintaining the home office.
OH(P) = (Billing(P)/ Billing(T))*OH(T)
Daily K OH rate= OH(P)/ Contract days including delays
OH(Delay)= Daily K OH rate* days delayed
Memorize that shit
