A sample text widget

Etiam pulvinar consectetur dolor sed malesuada. Ut convallis euismod dolor nec pretium. Nunc ut tristique massa.

Nam sodales mi vitae dolor ullamcorper et vulputate enim accumsan. Morbi orci magna, tincidunt vitae molestie nec, molestie at mi. Nulla nulla lorem, suscipit in posuere in, interdum non magna.


Holloway Consulting is a leading construction consulting firm that provides construction scheduling consulting, schedule delay claims and many other services to a wide range of construction clients. Some of Holloway Consulting projects and cases wherein we provided construction consultant services are shown at Construction Cases and Consulting Engagements.



In an attempt to prevent contractors from gaining the full benefit of the “float” in its schedule, some owners have included clauses to deal with the issue of ownership of the “float.” Such a clause might read:

“Float or slack is defined as the amount of time between the early start date and the late start date, or the early finish date and the late finish date, of any of the activities in the construction schedule. Float or slack is not for the exclusive use of or benefit of either the owner or contractor. Extensions of time for performance required under the contract will be granted only to the extent the equitable time adjustment for the activity or activities affected exceeds the total float or slack along the work sequences involved at the time notice to proceed was issued for the change.”

Float represents flexibility, and flexibility is often important to both the owner and the contractor. A CPM network analysis can identify those paths and activities that contain float, along with those that do not, e.g., the critical path. Owners and contractors tend to be aware of those paths where flexibility is permissible. Float may even be a means of avoiding critical path delays in that resources committed to a path containing float can be reassigned to the critical path to prevent overall project delay. Thus, a contractor faced with a known cause of delay to a specific activity may be able to maintain the project schedule and mitigate the delay by making use of the available float.

Thus, when the owner uses float time by requesting a change to the scope of the contract work, the flexibility of the contractor’s construction schedule may be reduced, which may result in additional contractor costs in terms of delay, acceleration or liquidated damages. To the extent the contractor uses its own float time, the contractor should not complain. But when the owner causes some delay or interferes or asks for a change on the float path, such actions ultimately may have an impact on the contractor’s flexibility. When float time is consumed, any further delays are critical. Thus, there is often a dispute between owners and contractors as to who “owns” the float.


Holloway Consulting’s work as Construction Consultants reveals that the law on schedule float ownership now indicates that contractors no longer have exclusive use of float. Typically, no time extensions are provided until the float is used-up on the activity in question. Thus, the party who uses the float first gains the benefit of the float.

If the contractor wants to maintain its right to float time in the approved schedule, it would be best to include a specific provision in its contract stating that float time is for the contractor’s exclusive use and that time extensions will be granted for excusable delays which affect its performance and planned work sequence, regardless of the fact that critical activities may not be affected. Otherwise, the contractor may waive its right to float time and suffer the consequences of the bargain.

Read Holloway’s next post on Construction Consulting and Project Scheduling . . .

Holloway Consulting
Construction Consultants
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International : (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

Selected Pages at Disputes In Construction.com

Claims Consultants | Schedule Delay Claims Consultants | Construction Defects Consultants | Change Order Consultants | Advisory Services | Schedule Consultants | Contractor Claims | Disputes Blog | Expert Witness Services | Holloway Consulting Services | Claims Consultants | Measured Mile Claims | Impossibility of Performance claims | Time Impact Analysis | Delay Claims Consulting Services | Construction Labor Productivity Consultants | Disputes Services | Delay and Disruption Claims | Expert Witness | Holloway Consulting – Construction Consulting Firm | Contractor Claims Services | Damages Experts | Repair Cost Allocation | Defects Expert | California Resort Hotel | Construction Expert | Expert Witness | Construction Expert Witness | Litigation Support Services | Construction Litigation Support | Construction Management | Contact Holloway Consulting | CPM Scheduling Consultants | International Construction | Louisiana Construction Expert | Measured Mile Experts | Project Management | Industry Sector Experience | Experience in Colorado | Steve Holloway’s Experience | Structural Steel Claims |

Comments are closed.