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BEST PRACTICES FOR RECORDING HINDRANCES: BUILDING A BULLETPROOF RECORD OF DELAYS

Introduction:

Managing delays in construction projects is an unavoidable reality that often leads to financial losses, disputes, and project invades. However, the procedure of handling timely delays may affect the outcomes of the project. A comprehensive and bulletproof record of delays serves not only as a protective mechanism for contractors, project managers, and owners but also as an essential tool for resolving conflicts and claims. This article outlines the best practices for effectively recording delays and hindrances.

  • Firstly, we should mention what the causes of delays are, and who is responsible for the delay. Examples- Delay from Client mainly due to ROW issue, availability of drawings, change management issue, implementation of any additional works, etc. Overall delays like unforeseen situation, force majeure conditions, sub-contractor’s issues, etc.
  • We have to adopt a standard form for delay notices and records, such as the “Delay Notification Form” (DNF) or “Notice of Delay” (NOD). These have to be filled out by team members beforehand.

Document the Cause and Impact:

  • Detailed Descriptions: For each hindrance or delay, we have to provide a detailed description of the cause like the root cause, what is actually causing the delay and who is actually responsible for the delay.
  • Date and Time: Exact date and time shall be recorded during occurrence of delay and must be conveyed to Client timely with correspondences officially.
  • Maintain a Delay Log:
  • Use a Centralized System: We can use the electronic or paper system to record all delays. A delay record includes the following:
    • Date/Time of Delay
    • Cause of Delay
    • Impact on the Schedule
    • Actions Taken to Mitigate or Resolve the delay
    • Responsible parties
    • Potential for Recovery
    • Delay Notifications
  • Regular Updates: We have to ensure that the regular updates are maintained by the designated person or the project manager about the delays.

Tracking of all Communications:

  • Emails, Memos, and Letters: A record of all communications between shareholders, such as emails, letters, notes, and memos related to delays required to be maintained. We must ensure that these communications provide the details of the cause, impact, and any agreements on mitigation of delays.
  • Recorded Meetings: If meetings are held to discuss delays, we have to record the minutes of the meetings with clear notes on any agreements or discussions which are being made on the delay’s causes and potential resolutions.

 Using of Software Tool:

Project Management Software: Software tools like Procore, Builder trend, Primavera and other Risk Management tools can be used to track delays. These platforms can automatically combine delayed events into project timelines, provide alerts, and help track the financial impact of delays.

  • Document Management Systems: Systems like SharePoint or Dropbox can be used for easy access to documents and communication, ensuring that evidence of delays is readily available.

Photographic and Video Evidence:

  • Before and After Photos: We must capture photographs regularly and at a significant point in time to record information about the delays. Time-lapse Videos: Time-lapse cameras can also be used to document the construction process and can be used to provide information on reasons of delays.

 Engage in Regular Reviews and Updates:

  • Frequent Site Inspections: Project managers are required to conduct regular site visits to identify the delays. During these inspections, they must review the delay and assess its alignment with the ongoing work.
  • Track Mitigation Measures: Records should provide what actions are to be taken to minimize the delays.

 Manage Delays Using Critical Path Method (CPM):

  • CPM Analysis: CPM techniques are widely used techniques that can be used to identify the activities causing the delays in project completion and help in tracking by calculating the late start and late finish values for each activity.

Identify Delays with Specific References:

  • Cite Contracts, Specifications, and Plans: While recording delays, we have to take into consideration relevant sections of the contract, specifications, and construction plans that align with the occurrence of such delays.
  • Third-party Validation: If required, we must involve third-party experts to validate the cause of the delay.

 Track Delay Impact on Cost:

  • Cost Implications: We should record the financial impact of delays, including additional labor costs, equipment charges, or overhead. This helps in validating claims for extension of time (EOT) or protection from any liquidated damages.
  • Contingency Plans: Ensure that the financial impact related to delays is tracked in the project planning.

 Maintain Evidence for Legal or Insurance Purposes:

  • Thorough Documentation for Dispute Resolution: If the project leads to legal or insurance claims due to delays, a well-documented delay record will help in providing evidence for your case.
  • Back-Up for Claims: In case of delay claims, we have to provide a detailed and chronological record of events, showing how each delay was handled.

 Mitigation and Recovery:

  • Proactive Recovery Measures: Delay records reflect any actions taken to recover lost time, such as working overtime, adjusting the schedule, or moving resources.
  • Adjust Schedule: We must ensure that the project schedule reflects any recovered timelines due to delays, showing a path forward.

 Ensure Compliance with Legal Requirements:

  • Follow Contractual Obligations: We must follow the contract’s requirements regarding delays, such as notifying relevant parties within the number of days about the delays and following proper acceleration procedures.
  • Notification Deadlines: We have to ensure that all delay notices are sent in accordance with the contractual deadlines mentioned, otherwise, there might be a risk of validity of claims.

There are various reasons for the delay, below are some main causes of delay:

  1. Bad Weather Conditions
  • Adverse weather such as heavy rain, snow, extreme heat, can slow down construction activities, especially for outdoor tasks or projects that rely on specific conditions.
  1. Labor Shortages or Strikes
  • A lack of skilled workers can cause delays, especially in trades where specific expertise is required. Strikes or labor union issues can also affect the work temporarily.
  1. Supply Chain Issues
  • Delays in the delivery of construction materials due to shortages, transportation problems, fluctuations in material prices and availability also cause delays.
  1. Unforeseen Site Conditions
  • Discovering unexpected underground issues can lead to delays such as additional investigations, design changes, or remediation work may be required.
  1. Design Changes and Errors
  • Modifications to the original design during construction, whether due to client requests or errors discovered in the design, can result in delays.
  1. Permitting and Regulatory Delays
  • Delays in obtaining necessary permits, approvals, or inspections from local authorities can hold up the project. Regulatory changes or misunderstandings regarding compliance may also contribute to delays.
  1. Financial Issues
  • Delays can arise if the project is non-funded or there are cash flow problems. Payment delays in contractors, subcontractors, or suppliers can result in work stoppages.
  1. Poor Project Management
  • Inefficient management, lack of coordination, poor scheduling, and miscommunication between contractors, subcontractors, and suppliers can lead to delays.
  1. Inadequate Planning
  •  Unrealistic planning from the beginning can lead to delays. This includes poor forecasting of time requirements, underestimating the complication of the project, or inadequate contingency plans.
  1. Health and Safety Issues
  • Accidents, injuries, or safety violations on the construction site can stop the work temporarily. Bad health and poor safety regulations might also delay progress of work.
  1. Contractor or Subcontractor Performance
  • Delays can result from the underperformance or failure of contractors or subcontractors, such as poor workmanship, financial instability, or lack of available workers or equipment.
  1. Changes in Government Policy or Legal Issues
  • Changes in government policy or new legal requirements can lead to project delays. Legal disputes, claims, or litigation between parties involved in the project can also affect the progress.
  1. Project Scope
  • When the scope of the project grows beyond the original plan without proper adjustments to budget, time, and resources, it leads to delays. This often happens due to continuous changes in client demands.
  1. Poor Communication
  • Ineffective communication between all stakeholders such as clients, contractors, architects, etc. can cause misunderstandings, errors, and delays in decision-making, approvals, and scheduling.
  1. Equipment Failures
  • Breakdowns or delays in equipment delivery can significantly delay construction. Faulty machinery can stop the progress of work on key situations of the project.
  1. Supply Chain and Transportation Delays
  • Issues with logistics, such as delays in transportation of materials, machinery, or other prefabricated components, can affect the construction timeline being mentioned. Delayed supply chains are especially common in large or international projects.

 

Conclusion:

Delays in construction projects are often caused by a combination of factors that can range from external influences like weather and labor disputes to internal challenges such as poor project management or unforeseen site conditions. Recognizing and understanding these causes is crucial for developers, contractors, and project managers to handle risks.

By addressing these issues such as labor shortages, inadequate planning, and regulatory hurdles, construction teams can create more realistic timelines and contingency plans. Effective communication, clear project scopes, proper budgeting, and strong oversight are essential to minimize delays. Additionally, high-tech technology and advanced project management tools can help in monitoring progress and making data-driven decisions. Ultimately, while some delays are unavoidable, a perfect approach to planning, risk management, and collaboration can significantly reduce their impact, ensuring that construction projects are completed on time and within budget.

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