Archive for the 'Blog' Category

Construction Law - Forensic Planning

Tuesday, September 23rd, 2008

JCA are repeatedly being commissioned (and more frequently) for Delay and Disruption Disputes, either to independantly adjudicate on time impacts of delay events, or to build claims for Extension of Time.

However it seems that there is a severe lack of understanding of the principles behind delay and disruption disputes by both contractor’s and developers. Developers (and their superindentants) are not specifying adequately the necessary planning methodology (for the contractor to adhere to) to avoid disputes. Likewise Contractor’s are not using suitable planning methodology to help justify their claims. Some are trying but seem to be more focused on developing proceedures to suit the planning software, rather than dealing with more useful procedures for avoiding delay and disruption disputes.

The Society of Construction LawJCA recomend that all parties to a contract, before entering into contract, agreed to adopt the planning/scheduling principles as set out in “The Society of Construction Law - Delay and Disruption Protocol” (Oct 2002 www.eotprotocol.com). This is a protocol developed internationally for Construction contracts, and is used by Australian Arbitrators.

Were not saying that by adopting better practices that delays will be avoided… Delay and disruption will always ocur on construction contracts, however, by both parties adhereing to better planning protocols, then the measurement and adjudication when dealing with delays will be easier, and therefore help to avoid disputes, or escalatation to costly arbitration/litigation.

Where did 2008 go?

Monday, September 8th, 2008

septemberIt’s already September…
I hear whispers that Christmas decorations are already starting to appear in random places….where did the year go ?

At JCA we are seeing a new rush of demand for services, which has made us re-assess our resource needs. We’re currently on the hunt for some very experienced planners to add to our quality team.

Area’s which have seen particular need for expansion include:
* Forensic Planning services - we seem to have a number of Law firms requiring our services, especially for building construction projects.
* Planning for Shutdowns - on major processing plants in the resource sector.

This time last year we were expecting a slight downturn in planning requirements for new projects, however works in this area have also maintained at high demand.

Then again when Mr James Clark started the business in 1980, he thought this “Project Planning” stuff might not last and gave it a couple of years before he’d have to do something else.

Boddington Gold Mine

Thursday, August 28th, 2008

JCA Announcement:

BGMJCA have today been awarded a consulting contract for Project Planning services on the Boddington Gold Mine Project.

The Boddington Gold Mine Project works include major expansion of the exsiting open cut mine operations worth approximately A$2.7B.

JCA’s role is to provide on site project planning services to the mine owner’s (Newmont Anglo Gold) EPCM firm (Aker Kvaerner Clough Murray & Roberts).

Some of JCA’s best planners have now been assigned to this project, which starts immediately for JCA.

Forensic Planning

Tuesday, August 12th, 2008

csiNo, it’s not a blog about CSI the series, Forensic Planning is a loosely coined term that aptley describes one of JCA’s specialist project planning services.

Forensic Planning can include either:

  • * Analysing Delay impact(s) from EOT claims prepared by a party to a contract, or;
  • * Preparing Delay Impact evidence for EOT claims for a party to a contract.
  • As good project planners know, the art of forensic planning not only requires an excellent knowledge of Critical Path Methodology (CPM) but, not unlike a CSI, also requires patience, an unbiased view, relyance on data/evidence, and not to be swayed by the emotive comments of contracting parties. Forensic planning also requires an ability to extract relevant information from the parties.

    JCA have been involved in Forensic Planning for over 25 years including acting as independant expert witness for various cases in arbitration/litigation.

    JCA has seen a sharp rise in demand for it’s Forensic planning services, as a result of recent contracts in the construction/mining indutries going off the rails in a booming market.

    Clients utilising our Forensic Planning services include Law Firms, Developers, Contractors, & Engineering firms.

    Planning v’s Scheduling

    Wednesday, July 30th, 2008

    We often get asked, what is the difference between the term “Planning” and “Scheduling”, when discussing projects.

    The answer given can depend upon various factors, ie:

  • * Who you speak to
  • * The industry sector you a refering to
  • planning/scheduling ? For reference here is JCA’s basic thoughts (wrong or right) on this matter.
    Planning - we believe planning is the art where based on knowledge, information and experience, a planner will develop, status and maintain (with out direction from others) a programme of works from scratch.

    Scheduling - we believe scheduling is the action of using data, advice and direction of others to build and/or update a programme of works.

    Having said that a person who is a competent planner in building construction, may not be able to fill the title of planner on an mechancal engineering based project (and vice versa).

    Some believe the term planning refers to forecasting data, whereas scheduling refers to the recording of actual data. We’re not to sure that this is reflective definition of scheduling.

    New team members

    Thursday, July 24th, 2008

    With increased demand on our engineering division planners, JCA have recently added a few new planners to our team, with the following having started during July:

    KirstyKirsty Caporn - Kirsty a local Perth-ite has private sector planning and coordination experience from the Defence industry. With JCA keen to further build on our presence in Defence projects Kirsty’s arrival is a welcomed addition. Kirsty will initially be filling in JCA’s West Perth offices, helping with our in house planning projects, with a view to site based consulting roles in due course.

    AliAli Shirazi - Joins JCA as a highly skilled and experienced planner/controller from Iran. Having work throughout the Middle East, on major Oil and Gas Projects, Ali is also a welcomed new arrival for JCA. Ali has immediately been snapped up by one of our clients and assigned to the Alkimos Water Treatment project, and will soon be availble for on-shore Oil & Gas Projects.

    JCA have also employed three other planners/schedulers this month, all will be starting in August.

    Dispute Avoidance and Resolution - NATIONAL STUDY

    Tuesday, July 8th, 2008


    JCA are currently involved with a collaborative study between Curtin University, Royal Melbourne Institute of Technology and CRC.

    JCA has been selected to provide input to this study on Disputes in construction. Through JCA’s considerable experience consulting in time planning, JCA has been able to provide insight to the study team on the how, what, why and when delay disputes occur, and how best to deal with these dispute in relataion to Time Delays, with a view to avoidance.

    JCA is proud to be involved in this important national study, and looks forward to the published results in due course.

    End of Financial Year

    Tuesday, June 24th, 2008

    Well…another work years end is closing.

    The invite’s for end of financial year parties have all but stopped filtering through receptions. Accountants are enjoying their last week of relative solitude before the rush of number crunching ensues. You can almost here the tax man rubbing his hands as he waits to pounce.

    end-of-financial-yearFor most however it’s a time for assessing the year, forecasting final results, and rewarding staff for a another busy year. In retail it’s time for end of finacial year sales, with sale staff frantically trying to get stock out the door. As a consulting firm, our stock is our collective interlect and knowledge (our area of expertise -Project Planning) and as it stands, our customer base was already screaming for that stock all year.

    So at JCA as we continue to serve our clients base, we may get a chance to reflect on the year however, more likely, we will be looking forward to what lies ahead in the coming year.

    We trust your year was good for your business and your staff.

    Collaborative Web Based Planning

    Thursday, May 15th, 2008

    We have seen over the last few years more and more software applications going collaborative and web based.

    the Webie instead of the user implementing (buying, installing) software on their server/PC’s…the system is opened, used and shared over the web. The software manufacturer hosts, runs and secures the software and all your data.

    Document Control is a good example where this has occured. Systems like Acconex and Project Centre are available to it’s users via a web browser.

    Although Planning/Scheduling software like Primavera’s P6 and Microsoft’s Enterprise Project, have made it possible to update, share and change schedules over the internet, the onus to implement, host, process and secure the application (and it’s upgrades is ultimately still something that the end user needs to arrange.

    But there are changes on the horizon.

    LiquidPlannerThis year a new style of planning application has arrived. Like the Acconex model, a product called LiquidPlanner (which still is in Beta testing mode) is paving a way for a new way of implementing planning/scheduling systems.

    We’re not saying that this product is ready to complete against the established software big boys in terms of raw sheduling, resource/cost loading, reporting etc… but I guess (and only a fool wouldn’t see it coming) that the big boys will be watching this with interest (and probably already doing something about it), with a view to developing their own REAL web based planning software.

    This would mark a completly new way of rolling out planning applications accross larger organisations.

    JCA @ myPrimavera 2008

    Wednesday, May 14th, 2008

    With some interest, JCA have attended the myPrimavera Conference in Perth this year. The conference winds up today with a further series of seminars

    myPrimavera08Held at the Perth Convention & Exhibition Centre, the conference has seen delegates from all over Australia and overseas converge on JCA’s doorstep. Some are here the for junket and some here to hear and see some excellent technical and commercial seminars.

    The vibe on opening night was upbeat and full of interest, with many networking opportunities taking place.

    The seminars (mostly held on day two) were very well attended, informative and a good opportunity for like minded planners, engineers and project managers to discuss relevant ideas and experiences.

    The Mystery Gala evening at the end of day two was spectacular. Delegates and partners were wisked off to Fremantle prison where they were greated by world war 1 military clad agitators who channelled the unsuspecting prisoners through the war-zone perimeter of the prison grounds. With bombs dropping around us, helicopters landing, machine gun fire and sirens blazing. Well at least the fake smoke, speakers, and pyrotechnics made it seem half real, while a light drizzle of rain (no doubt specially booked by Primavera Australia for the evening) topped off the scene.

    Well done to Jim Fairchild and the Primavera Australia team for putting together such a good conference.