successful dispute resolution
DESCRIPTION
Presented at the 2012 Construction CPM Conference, this presentation walks through the challenges of owner/contractor and JV disputes and reviews solutions and prevention techniques using Fuse.TRANSCRIPT
Successful Dispute Resolution using Acumen Fuse
Dr. Dan Patterson PMP | CEO & Founder Acumen
enterprise project analysis
! Introductions ! Fuse & forensics overview
! Case study #1: Owner/Contractor Dispute
! Case study #2: JV Dispute
January 24, 2012
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Agenda
S1: Build
S2: Critique
S3: Risk-Adjust
S4: Optimize
S5: Validate
! Project Management Software Company ! Improving CPM scheduling & analysis ! Thought leader in Analytics
Acumen: Proven Project Analytics
S1 > S5™ Framework Acumen Core Offerings
Risk Assessment Workshops
Acumen Fuse®
Software Training
• “Planning the work” and “working the plan” ! Causes of failure
• “Unrealistic & inadequate planning” or “Poor Execution” • Poorly contracted terms, Misaligned expectations • Loosely defined scope/ High degree of change
! The challenge of CAPEX projects ! Large projects are inherently complex to model ! Gantt charts/CPM tools don’t lend themselves to team insight
! The Solution: Project metric analysis & Forensics ! Pinpoint root-cause of schedule flaws & true risk exposure ! Resolution of cost/schedule/risk/performance issues through optimization ! Study of event interaction using CPM… … to understand significance of deviations from a
baseline for potential use in a legal proceeding.
! Hindsight vs. Foresight approach
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Why do Disputes Arise?
! Objective: to align plan & execution ! Planning
! Quality of schedule basis ! Realism of estimates ! Accuracy of sequence ! Risk-adjusted
! Execution ! Comparison of scenarios e.g. as planned V as built ! Windows analysis e.g. absorption of float ! Non-progress revisions – changes… ! Baseline compliance
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Forensics & Metric Analysis
Planning Forensics Framework
S1
• Schedule Basis • Reflects latest scope/contractor
updates
S2
• Critiqued Schedule • Structurally sound, no contingency,
sound logic
S3 • Risk-Adjusted Schedule • Estimate uncertainty, risk events
S4 • Optimized Target Scenarios • Reduced hot spots, higher confidence
S5 • Team Validated Scenario • Buy-in on mitigation plans
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EPA LANL URS
SAIC Shaw NASA
General Dynamics DCMA Fluor
L3 GAO Battelle
Dow Chemical ConocoPhillips NAVAIR
SRS US Navy Bechtel
! Fuse: analytics platform ! Improves schedule quality
! Insight into performance & forensics
! Fuse 360: goal-based acceleration ! Schedule Acceleration ! Decision-support
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7 Introduction to Fuse Enterprise Project Analysis
Metric Analysis
Analysis Three Analysis Modules
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Metric Analysis Benefit: ! Pinpoint shortcomings ! Slice and dice About: ! 250+ metrics ! Industry Standard ! Unique-to-Fuse metrics ! Customizable
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Metric Analysis
Logic Analysis Benefit: ! Identify & remove flaws ! Simplify complexities
About: ! Recognizes multi-project
relationships
Metric Analysis
Logic Analysis
Analysis Three Analysis Modules
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Logic Analysis
Forensic Analysis Benefit:
! Schedule comparison ! Calculate variances
! Identify changes
About: ! Any attribute or field ! Any number of schedules
Metric Analysis
Logic Analysis
Forensic Analysis
Analysis Three Analysis Modules
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Forensic Analysis
As planned V Half Step V As
Built
Key is not just what changed but the impact of the change
Case Study #1 Execution Delay Dispute
! Project incurred massive schedule delays ! Disagreement as to root cause of delay
! Ongoing financial exposure was huge
! As expert witness, Acumen asked to:
1. Determine realism of schedule(s)
2. Give insight into highly complex plan
3. Perform schedule risk analysis
4. Pinpoint delay drivers (root cause)
5. Offer acceleration scenarios
! Developed a library of core metrics to give insight into schedule basis quality
! Drivers ! Missing logic ! Constraints ! Use of Lags
! Effect ! Negative float ! Logic Density™ ! Float ratio™
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Schedule Critique
Became the basis of the 300
metrics built into Fuse
! Overarching schedule quality score ! Helped with assessing multiple versions
of the schedule ! Enabled trending of schedule quality ! Pinpointed shortcoming by contractor
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16 Fuse Schedule Quality Index™
! Indicator as to the quality of logic ! Highlighted extreme schedule complexity
in early phase of execution
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Logic Density
Driving Path Analysis 18
! Pinpoint driving path(s) ! Specific Activity
! Trace forwards, backwards
! Two Activities ! Path between them
! Link visualization ! Show movement
! Highlighted breaks in the driving path!
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Additional Logic Analysis
! Pinpointed changes to plan on monthly basis ! Isolated owner of change ! Determined planned or unplanned
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Variance Analysis
! Used to determine how close a schedule was planned and executed against it’s baseline
! Measure of well the plan was being executed
! More than just date comparison ! Looked at period-compliance
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Baseline Compliance™
Compliance Scenarios
Compliance Metrics
0% 20% 40% 60% 80%
100%
Looked at correlation with changes/correlation analysis
Baseline Compliance™ Analysis
! Pinpointed specific shortcomings in schedule
! Determined areas of repeated scope change
! Determined owner/driver of unplanned change
! Unique insight into true risk expousre
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Summary of Analysis
Case Study #2 Joint Venture Dispute • Oil & gas CAPEX project • Completion Nov 2018 (year later than JV board willing to sanction)
• Pre-FEED already slipped by 6 months
• Determine true first production date
• Understand & agree P50/P75 risk exposure
• Identify scenario to get project back to original target completion
Realism (S2) Risk exposure (S3)
Acceleration (S4)
! Hidden critical paths ! Risk Hotspots ! Risk exposure over time
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Detailed Risk Analysis
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True Risk Profile
0
10
20
30
40
50
60
70
80
90
100
Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Q11 Q12 Q13 Q14 Q15
Team Perception
True Risk Exposure
Accelerated Scenario
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! Choose ! Target date ! Duration acceleration ! Best possible
! Cleansed schedule ! Specific criteria
Project Criteria Set
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! Defined series of steps ! Steps contained rules
! Duration reduction ! Calendar adjustment ! Lag reduction ! Constraint elimination
! Set priority ! Earliest/latest ! Longest ! Easiest/least resistance
! Targeted activities ! e.g. exclude procurement
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Scenario #1 Analysis Results
Schedule Acceleration Efficiency™ Example 1
! 2 day project acceleration ! requires 2 days of reduction ! Acceleration Efficiency =2/2 100%
! 2 day project acceleration ! requires 2 days of reduction ! Acceleration Efficiency=2/3 67%
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Example 2
2 day project acceleration
2 day project acceleration
2 day activity reduction 2 day activity
reduction
1 day activity reduction
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Results: Risk & Acceleration ! Balance between risk & acceleration ! Able to achieve12 month acceleration ! P50 dates reflected 10 month acceleration
Want to Avoid Dispute Resolution?
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Fuse Quality Index™
More information: White papers: www.projectacumen.com Software Trial: www.projectacumen.com/trial Twitter: @projectacumen
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