Calculating and Apportioning Responsibility for Project Delays in Construction Dispute Resolution Using Modified But-For and Daily Windows Analysis Methods

Abstract

Resolving construction claims has become an inevitable part of the Project Manager’s job for both Contractors and Employers. The ability to win a claim is dependent on proving legal responsibility, correctly calculating and apportioning responsibility for project delays, and the claim amount. Project delay analysis is a process of calculating and apportioning responsibility for project delays. Existing delay analysis methods are evaluated and found inadequate, and this work describes several improvements to address the identified shortfalls. Two accurate delay analysis methods, the Modified But-For (MBF and the Daily Windows Analysis (DWA) method, are presented to calculate and apportion responsibility for project delays using a three-dimensional concurrent delay representation that clearly shows the Employer, Contractor, and third-party delays and use of a set of fair concurrent delay rules to apportion responsibility for concurrent delays. This will help to minimize disputes in the Construction sector.