Evaluating responsibility for schedule delays on utility construction projects

The equitable allocation of responsibility for project delays is essential to the resolution of many construction disputes. Contractors frequently assert that they have been delayed for reasons beyond their control, but owners often remain unconvinced that the contractor is legitimately entitled to a time extension. Large dollar amounts may hinge upon the outcome of a dispute over project delay, since most construction contracts allow the owner to recover either liquidated or actual damages for delay and the contractor may be entitled to extended field and home office overhead costs because of owner-caused delays. Consequently, a thorough schedule analysis of the project delays is essential for the equitable resolution of delay-related disputes. Once all activity delays have been quantified, the origins and causes of each delay are then researched. Document sources used in this paper which identify the causes of project delays include: submittal, request for information, bulletins, change proposals, change orders, superintendents; diaries, contractor's and subcontrator's daily reports, project correspondence and meeting minutes. Responsibility for each delay is then apportioned to either the contractor or the owner.