Answer to Question 1
It must first be recognized that the but for schedule is a more compelling tool
if the contractor maintained an updated schedule throughout the construction period. It is
all the more compelling if the updated schedule bears a close resemblance to the
originally developed schedule, at least up to the event or occurrence that compromised
the schedule. The but for schedule is a good way to show how the schedule would
probably have been followed had it not be for a particular event or occurrence. Support
the owner suspends work for some reason, pushing the construction effort into the rainy
season. The but for schedule would essentially consist of the updated schedule with the
deletion of the owner's suspension of the work. In addition to the suspension period, the
schedule would show the added construction time (reduced productivity) that was
required as a result of performing work during the rainy season.
Answer to Question 2
As planned and as built CPM schedules were prepared after the project was
constructed. These were after-the-fact schedules developed by an independent -
consultant. Basing the information to be included in the schedule primarily on the
contractor's daily work logs, the consultant developed a schedule that was acceptable to
the Board of Contract Appeals. The Board acknowledged that the CPM schedule was
prepared well after events took place, but under close scrutiny of the Board, the schedule
was found to be acceptable. It is inferred, in this case, that the CPM schedule was critical
to the decision made by the Board.
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