PREPARATION AND SUBMISSION OF TIME IMPACT ANALYSIS ON PUBLIC CONTRACTS

By Ankur Phour, Director, FTI Consulting, Inc. 

Ankur Phour
Director
FTI Consulting, Inc.

Disputes related to time are one of the most common types of claims on public contracts. For a contractor to be successful with a time dispute, many public contracts require that the contractor submit a Time Impact Analysis (TIA) as part of its request for a time extension. This article provides guidance on the submission of a TIA and the best ways to ensure your success on a public works delay claim.

1. Notice

The first important step in submitting a delay claim is to ensure the timeliness of the claim. Almost all construction contracts, including public works contracts, include strict notice provisions that must be followed. A sample provision, such as “no liability and no adjustment will be made for any damages which accrued more than 15 calendar days prior to the filing of written notice with the Engineer,” makes notice of the delay critical for the success of the claim. Failure to provide notice paves the way for a public agency to declare any delay claim as time barred. Thus, the contractor has the onus to submit its request for additional time within the specified time period.