A Non Excusable Delay Construction Essay

A Non Excusable Delay Construction Essay

21 Introduction

In this chapter I will discuss types causes and effects of delay of project in the construction industry Besides that I will also discuss the method to minimize the delays happening in construction industry

22 Type of Delay

In construction industry there are the categories of delays used in determining delay damage as shown in table 21

Delay

Concurrent Delay

Excusable Delay

NonExcusable Delay

Entitlement for time

Compensable

Noncompensable

Figure 21 Types of Delay

221 Excusable delays

Excusable delay as define a delay that is due to an unforeseeable event beyond the contractors or the subcontractors control Usually based on common general provisions in public agency specifications delay resulting from the following events would be considered excusable such as fires floods ownerdirected changes errors and omissions in the contract drawing unusually severe weather and etc Excusable delays can be further classified into excusable with compensation and excusable without compensation Ibnu Abbas Majid2006

2211 Excusable with compensation

Compensation delays are caused by the owner or the owners agents An example of this would be the drawings late release from the owners architect An excusable compensable delay normally leads to a schedule extension and exposes the owner to financial damages claimed by the contractor In this scenario the contractor incurs additional indirect costs for both extended field office and home office overhead and unabsorbed home office overhead Abdul Hamid Kadir Pakir 2009

2212 Excusable delays without compensation

Noncompensable delays are caused by third parties or incidents beyond the control of both the owner and the contractor Examples typically include acts of God unusual weather strikes fires acts of government in its sovereign capacity etc In this case the contractor is normally entitled to claim extension of time but no compensation for delay damages Abdul Hamid Kadir Pakir 2009

222 Nonexcusable delays

Nonexcusable delays are cause by lack of performance of the contractor on the construction project This delay can be cause by underestimates of productivity improper project planning and scheduling poor site management and supervision wrong construction methods equipment breakdowns unreliable subcontractors or suppliers Therefore it is contractor responsibilities to continue their work with no entitlement to claim for extension of time or delay damages until they completed the project For instance a contractor failure to provide an adequate material to completed their job

223 Concurrent Delay

Concurrent delay is a problem that happening on most of the construction industry project This issue arises when two or more delaying event at the same time in a project cannot complete on time In this situation both owner and contractor are responsible for the delay Commonly concurrent delays which involve any two or more excusable delays result in extension of time When excusable with compensation and nonexcusable delays are concurrent an extension of time can be issued or the delay can be distribution between the owner and the contractor Concurrent delay can be categories in three types of delays

If excusable and nonexcusable delays occur concurrently the contractor only to allow claim for extension of time

If excusable with compensation and excusable without compensation delays occur concurrently the contractor is entitle to claim extension of time but no delay damages

If two excusable with compensation delays occur concurrently the contractor is entitled to claim extension of time and delay damages

For instance a concurrent delay would be if the owner failure to give more detail regarding either using ceramic tile or homogeneous tile for toilet floor finishes But at the same time contractor made with own decision and using ceramic tile for toilet floor finishes but actually owner plan using homogeneous tile In this si

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