Window Analyses of Compensable Delays

Abstract

The identification and analysis of compensable delays become necessary on most construction projects. Although there are several different analytical techniques available, the window method of contemporaneously analyzing delays is the most realistic. The reasons for the superiority of the window method are discussed. The possible results of a window analysis are evaluated and graphically presented. Also discussed are a correction, or intermediate step, in the method, necessary to avoid incorrect findings of false concurrency, and the proper method for handling apportionable and nonapportionable delays. Finally, an argument is made that the burden of proving noncompensable delays, assuming a proper window analysis of compensable delays by a contractor, should be borne by the owner.

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