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AACE CFCC Certified Forensic Claims Consultant study materials
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AACE CFCC Certified Forensic Claims Consultant practice questions

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Question 1Forensic Claims Consulting

In forensic claims analysis, what does the term 'contemporaneous documentation' most precisely refer to?

  1. Records created at or near the time the described events occurred Correct answer.
  2. Records prepared specifically for litigation after a dispute arises
  3. The final as-built schedule issued at project closeout
  4. Oral testimony given by project staff during a hearing

Explanation

Contemporaneous documentation is evidence generated at or close to the time of the underlying events, which gives it heightened reliability. Documents prepared later for litigation are generally treated with more scrutiny because of hindsight and advocacy bias.

Question 2Forensic Claims Consulting

A consultant is retained to determine whether a contractor's claimed delay was caused by the owner. Which analytical approach best isolates cause and effect?

  1. Compare total contract value to final cost
  2. Perform a cause-and-effect (windows or time-impact) analysis linking specific events to specific delay Correct answer.
  3. Count the total number of change orders issued
  4. Review the contractor's profit margin trend

Explanation

Cause-and-effect analysis, such as a windows or time-impact approach, links individual delay events to resulting schedule impacts to establish causation. Aggregate financial or count-based metrics do not demonstrate causation between an event and delay.

Question 3Forensic Claims Consulting

Which schedule technique is most commonly used as the baseline for retrospective delay analysis because it models logic and float?

  1. Critical Path Method schedule Correct answer.
  2. S-curve
  3. Resource histogram
  4. Bar chart

Explanation

The Critical Path Method models activity logic, durations, and float, which is essential for determining how events affect the critical path. Bar charts, S-curves, and resource histograms do not by themselves model logic and float.

Question 4Forensic Claims Consulting

What is the primary purpose of a 'time impact analysis' (TIA) in a claim?

  1. To model the schedule effect of a specific delay event by inserting it into the schedule Correct answer.
  2. To calculate the contractor's overhead rate
  3. To determine liquidated damages owed
  4. To reconcile the payment ledger

Explanation

A time impact analysis inserts a modeled delay event into the schedule to measure its prospective or retrospective effect on completion and the critical path. It is a schedule-impact method, not a cost or payment reconciliation tool.

Question 5Forensic Claims Consulting

Which of the following best describes 'concurrent delay'?

  1. A delay caused solely by the owner
  2. Any delay occurring after substantial completion
  3. Two or more independent delay events that overlap in time and independently affect completion Correct answer.
  4. A delay that is always compensable to the contractor

Explanation

Concurrent delay involves two or more independent causes operating at the same time, each of which independently would affect completion. Its treatment for time and cost entitlement depends on the governing contract and jurisdiction.

Question 6Forensic Claims Consulting

In a retrospective delay analysis, what does 'float' represent?

  1. The number of workers assigned to an activity
  2. The interest rate applied to late payments
  3. The total cost contingency held by the owner
  4. The amount of time an activity can be delayed without affecting a defined project milestone or completion Correct answer.

Explanation

Float is the slack time by which an activity can slip without delaying the project completion or a specified milestone, depending on the float definition used. It is a scheduling concept, not a cost, staffing, or finance concept.

Question 7Forensic Claims Consulting

Which document is typically the most reliable source for establishing the actual dates on which work was performed?

  1. The contractor's marketing brochure
  2. The original bid estimate
  3. Daily site reports and progress records Correct answer.
  4. The pre-bid meeting minutes

Explanation

Daily site reports and progress records capture actual field activity as it occurred and are primary evidence of actual performance dates. Bid estimates and pre-bid minutes reflect intentions before work began, not actual performance.

Question 8Forensic Claims Consulting

What is the fundamental equation underlying most cost-based damage quantification in construction claims?

  1. Actual cost incurred minus the cost that would have been incurred but for the event Correct answer.
  2. Bid price divided by the number of activities
  3. Total revenue minus total profit
  4. Contract price multiplied by the change order count

Explanation

Cost-based damages are generally measured as the difference between the actual cost incurred and the cost that would have been incurred absent the compensable event. This 'but-for' differential is the core of cost-based quantification.

Question 9Forensic Claims Consulting

A contractor claims extended field office overhead. Which cost category does this represent?

  1. Profit on unperformed work
  2. Direct labor on changed work
  3. Time-related indirect costs incurred because the project ran longer Correct answer.
  4. Material escalation on original scope

Explanation

Extended field office overhead is a time-related indirect cost that accrues because the project duration is extended, such as site supervision and temporary facilities. It is distinct from direct costs of changed work or material escalation.

Question 10Forensic Claims Consulting

When performing a 'collapsed as-built' (but-for) delay analysis, the analyst does which of the following?

  1. Adds future delays to the baseline schedule
  2. Removes owner-caused delay events from the as-built schedule to model completion without them Correct answer.
  3. Recalculates the contract price
  4. Ignores the as-built schedule entirely

Explanation

The collapsed as-built, or but-for, method removes the delay events in question from the as-built schedule to show when completion would have occurred absent those events. It relies on the as-built logic rather than ignoring it.

Question 11Forensic Claims Consulting

A claim includes costs for idle equipment. Which measurement approach is generally most defensible for owned equipment?

  1. The resale value of the equipment
  2. Ownership cost plus standby costs during the idle period Correct answer.
  3. Full rental rate for every day on site
  4. Replacement cost of a new unit

Explanation

For owned idle equipment, recovery is generally limited to ownership costs (such as depreciation and cost of capital) plus standby costs, because operating costs are not incurred while idle. Charging full rental rates overstates the loss.

Question 12Forensic Claims Consulting

What is the principal risk of relying on a 'total cost' method to prove a claim?

  1. It can only be used for schedule claims
  2. It requires no cost records
  3. It assumes all cost overruns are caused by the defendant and fails to isolate causation Correct answer.
  4. It is too detailed to be understood

Explanation

The total cost method compares total actual cost to total bid or budget cost and attributes the entire difference to the defendant, without isolating causation or responsibility. Courts often reject it unless no better method exists and the claimant shows the overrun was not self-caused.

Question 13Forensic Claims Consulting

In a forensic schedule analysis, what is the significance of the 'as-built' schedule?

  1. It records the planned sequence before construction
  2. It is the schedule used only for payment applications
  3. It is the schedule submitted with the bid
  4. It documents the actual sequence and timing of work as performed Correct answer.

Explanation

The as-built schedule reflects what actually happened in the field, including actual start and finish dates and sequencing. It is the factual foundation for retrospective delay analysis.

Question 14Forensic Claims Consulting

Which of the following is the best example of a 'disruptive' rather than 'delay' effect?

  1. The contract completion date is extended by change order
  2. The project finish date moves out by 30 days
  3. Labor productivity falls because work is performed out of sequence and in smaller crews Correct answer.
  4. The owner grants a time extension

Explanation

Disruption concerns loss of productivity or efficiency, often from out-of-sequence work, stacking of trades, or dilution of crews, without necessarily extending the schedule. Delay concerns movement of completion dates.

Question 15Forensic Claims Consulting

The 'measured mile' approach to quantifying lost productivity compares which of the following?

  1. Two unrelated projects
  2. Bid labor rates to union wage scales
  3. Productivity during an unimpaired period to productivity during an impaired period on the same or comparable work Correct answer.
  4. Planned cost to actual revenue

Explanation

The measured mile compares productivity in an unimpaired baseline period to productivity in the impaired period for the same or comparable work, isolating the effect of the disruption. It relies on project-specific data rather than industry averages alone.

Question 16Forensic Claims Consulting

What does a 'window analysis' segment in delay analysis accomplish?

  1. It calculates the contractor's bonding capacity
  2. It divides the project into time periods to analyze delay event impacts period by period Correct answer.
  3. It reconciles invoices to payments
  4. It estimates the owner's financing costs

Explanation

Window analysis breaks the project into sequential time windows and updates the schedule in each window to measure the impact of delay events as they occur. This improves attribution of delay to specific events and periods.

Question 17Forensic Claims Consulting

In claim preparation, what is the role of a 'request for equitable adjustment' (REA)?

  1. A schedule update submitted monthly
  2. A type of performance bond
  3. A proposal submitted to the owner seeking adjustment of contract terms or price for changed conditions Correct answer.
  4. A formal demand filed only in court

Explanation

An REA is a proposal to the owner requesting adjustment of contract price, time, or other terms due to changes or differing conditions, often as a precursor to a formal claim. It is a contractual submission, not a court filing or bond.

Question 18Forensic Claims Consulting

A forensic consultant is asked to evaluate whether a contractor mitigated delay. Which evidence is most directly relevant?

  1. The original bid bond amount
  2. The owner's insurance policy
  3. Records showing resequencing, added resources, or acceleration efforts in response to delay Correct answer.
  4. The contractor's profit and loss statement

Explanation

Mitigation is demonstrated by evidence of reasonable efforts to reduce or avoid delay, such as resequencing, added resources, or acceleration. Financial statements, bid bonds, and insurance policies do not show mitigation efforts.

Question 19Forensic Claims Consulting

What is the primary function of a 'cause-and-effect matrix' in a complex claim?

  1. To allocate each delay event to its schedule and cost consequences across periods Correct answer.
  2. To calculate the contractor's tax liability
  3. To schedule the arbitration hearing
  4. To list the names of subcontractors

Explanation

A cause-and-effect matrix maps each delay or disruption event to its schedule and cost consequences, often by period, to support attribution and avoid double counting. It is an analytical tool for organizing causation, not an administrative list.

Question 20Forensic Claims Consulting

Which of the following best describes 'acceleration' in the context of construction claims?

  1. Extending the completion date
  2. Increasing the contract price without changing time
  3. Reducing the scope of work
  4. Compressing the schedule to complete earlier than planned, often to offset delay Correct answer.

Explanation

Acceleration is the compression of the schedule to finish sooner than the planned or extended date, often to recover lost time. It may be directed by the owner or constructive, and typically gives rise to added cost.

Question 21Forensic Claims Consulting

In evaluating a claim for home office overhead during a suspension, which method allocates overhead to the extended period based on contract billings?

  1. Weighted average cost of capital
  2. Earned value analysis
  3. Straight-line depreciation
  4. Eichleay formula Correct answer.

Explanation

The Eichleay formula allocates home office overhead to a contract based on the ratio of contract billings to total company billings and spreads it over the period of performance. It is used to estimate unabsorbed home office overhead during a suspension or delay.

Question 22Forensic Claims Consulting

A forensic analyst finds that two delay events overlap and each independently would have delayed completion by the same 20 days. Under a common approach to concurrency, what is the typical treatment for time entitlement?

  1. The owner receives liquidated damages for 20 days
  2. The contractor receives no extension under any circumstance
  3. The contractor receives 40 days of extension
  4. The contractor receives 20 days of extension because the delays run concurrently Correct answer.

Explanation

Where two independent delays run concurrently and each alone would cause the same delay, the period of concurrency generally yields a single time extension of that overlapping duration, not a cumulative sum. Cost entitlement for concurrency is often denied to either party depending on the contract and law.

Question 23Forensic Claims Consulting

A consultant is asked to allocate responsibility for a period of delay where the contractor's own rework and an owner-caused design change both affected the critical path. Which principle best guides the allocation?

  1. Apportion the delay equally regardless of evidence
  2. Attribute all delay to the contractor because of the rework
  3. Determine the actual causal contribution of each event to the critical path using schedule analysis Correct answer.
  4. Attribute all delay to the owner because a change occurred

Explanation

Responsibility allocation should follow the actual causal contribution of each event to the critical path, established through schedule analysis and supporting records. Mechanical apportionment or blanket attribution ignores causation.

Question 24Forensic Claims Consulting

When using a productivity factor from a published industry study to quantify disruption, what is the most significant methodological concern?

  1. The author's academic credentials
  2. The number of pages in the study
  3. The study's publication date
  4. Whether the study's conditions are sufficiently comparable to the project at issue Correct answer.

Explanation

Published productivity factors are only persuasive if the conditions under which they were derived are comparable to the project being analyzed. Comparability of work type, trade, and impairment is the central methodological concern.

Question 25Forensic Claims Consulting

A claim seeks recovery for extended home office overhead using the Eichleay formula during a period of owner-caused suspension. Which precondition is generally required for Eichleay recovery?

  1. The project must have been completed on time
  2. The owner must have issued a formal termination
  3. The contractor must have been on standby and unable to take on replacement work Correct answer.
  4. The contractor must have subcontracted all work

Explanation

Eichleay recovery generally requires a period of suspension or delay during which the contractor was on standby and could not reasonably absorb home office overhead by taking on replacement work. Termination and on-time completion are not preconditions.

Question 26Forensic Claims Consulting

Which standard of proof generally applies to a contractor's affirmative claim in a civil dispute?

  1. Preponderance of the evidence Correct answer.
  2. Clear and convincing evidence
  3. Beyond a reasonable doubt
  4. Prima facie presumption

Explanation

Civil claims are decided on the balance of probabilities, meaning the claim is more likely true than not. This is the preponderance standard and applies to construction disputes unless a statute or contract specifies otherwise.

Question 27Forensic Claims Consulting

In forensic claim work, what does the term 'contemporaneous documentation' refer to?

  1. Records created at or near the time of the events they describe Correct answer.
  2. The final project closeout report
  3. The contract's standard terms and conditions
  4. Documents prepared specifically for litigation after the dispute arose

Explanation

Contemporaneous records are generated during or close to the event and are generally more reliable than later reconstructions. Their proximity in time reduces the risk of memory decay and after-the-fact influence.

Question 28Forensic Claims Consulting

Which of the following is the best example of a 'constructive' change in a construction contract?

  1. A subcontractor's unilateral price increase
  2. A written change order signed by both parties
  3. A contractor's internal decision to resequence work
  4. An owner directive that alters the work without a formal change order Correct answer.

Explanation

A constructive change arises when the owner's conduct effectively modifies the contract without issuing a formal change instrument. The contractor performs changed work and may be entitled to an equitable adjustment.

Question 29Forensic Claims Consulting

In claim analysis, what is the principal purpose of a 'time impact analysis' (TIA)?

  1. To calculate the daily home office overhead rate
  2. To insert a modeled delay event into the schedule and measure its effect on completion Correct answer.
  3. To measure the productivity loss caused by a disruption event
  4. To determine the contract's liquidated damages rate

Explanation

A TIA models a delay event by inserting it into the schedule as of the event date and measuring the resulting shift in completion. It is a prospective or contemporaneous technique that links cause to schedule effect.

Question 30Forensic Claims Consulting

Which of the following best describes 'betterment' as it affects a damage award?

  1. An offset for payments already made by the owner
  2. An improvement to the owner's position beyond the condition that would have existed absent the breach Correct answer.
  3. A contractual allowance for price escalation
  4. A penalty imposed on the contractor for late completion

Explanation

Betterment is a benefit the owner receives that exceeds restoration to the pre-breach condition. Courts generally reduce the award to avoid placing the owner in a better position than it would have occupied absent the breach.

Question 31Forensic Claims Consulting

What is the primary role of an expert report in a construction claim?

  1. To summarize the pleadings filed in the dispute
  2. To replace the need for contemporaneous project records
  3. To present an independent, reasoned opinion supported by evidence and methodology Correct answer.
  4. To advocate the retaining party's position as forcefully as possible

Explanation

An expert report must present an objective, methodologically sound opinion that a tribunal can evaluate. Advocacy is the role of counsel, and the expert's credibility depends on independence and transparency.

Question 32Forensic Claims Consulting

Which of the following is a recognized category of damages in a construction claim?

  1. Direct costs incurred because of the compensable event Correct answer.
  2. Punitive damages for ordinary breach of contract
  3. Speculative lost profits on unexecuted future projects
  4. Attorney fees automatically recoverable in every dispute

Explanation

Direct costs caused by the compensable event are a core category of recoverable damages. They must be causally linked to the event and reasonably proven.

Question 33Forensic Claims Consulting

In forensic consulting, what does 'causation' require a claimant to establish?

  1. That the claimed cost was incurred at some point during the project
  2. That the owner approved the contractor's schedule
  3. That the compensable event was a cause of the claimed cost or delay Correct answer.
  4. That the contract contains a changes clause

Explanation

Causation links the compensable event to the harm claimed. Without a demonstrated causal connection, even accurately measured costs are not recoverable.

Question 34Forensic Claims Consulting

A contractor claims that owner-directed out-of-sequence work reduced crew productivity. Which analysis approach best isolates the effect of that specific event?

  1. Eichleay formula
  2. Total cost method
  3. Measured mile comparing similar work before and after the event Correct answer.
  4. Jury verdict method

Explanation

The measured mile compares productivity in an unaffected period to productivity in the affected period, isolating the event's effect. It is generally regarded as the most defensible disruption technique when comparable work exists.

Question 35Forensic Claims Consulting

During a window analysis, the analyst finds that an owner-caused delay consumed all available float but did not extend the critical path. What is the typical consequence?

  1. The delay shifts the completion date by the full window length
  2. The delay is automatically non-compensable and irrelevant
  3. The delay is compensable as a critical delay
  4. The delay may support a claim for loss of float but generally not for time extension Correct answer.

Explanation

Consuming float without extending the critical path generally does not entitle the contractor to a time extension. It may, however, support a claim for loss of float or associated costs depending on the contract.

Question 36Forensic Claims Consulting

A contractor incurred additional supervision costs during a period when both owner-caused and contractor-caused delays overlapped. Which approach best supports an allocation of responsibility?

  1. Assign the entire period to the owner because the owner's event occurred first
  2. Deny all costs because concurrency bars recovery entirely
  3. Assign the entire period to the contractor because it also caused delay
  4. Apportion the period using a documented, reasoned method tied to the concurrent events Correct answer.

Explanation

When delays overlap, a documented apportionment method tied to the specific events is the defensible approach. Blanket assignment to either party ignores the factual record.

Question 37Forensic Claims Consulting

In preparing a claim, why is it important to distinguish between 'entitlement' and 'quantum'?

  1. Entitlement establishes the right to recover, while quantum measures the amount Correct answer.
  2. Entitlement applies only to time, while quantum applies only to cost
  3. Quantum establishes the right to recover, while entitlement measures the amount
  4. They are interchangeable terms in claim practice

Explanation

Entitlement addresses whether the contract or law gives a right to recover; quantum addresses how much. A claim must establish both to succeed.

Question 38Forensic Claims Consulting

An analyst is reviewing a daily site report that records manpower, weather, and work activities. What is the primary forensic value of such a record?

  1. It proves the contractor's entitlement under the changes clause
  2. It establishes the contract's notice requirements
  3. It provides event-time evidence of actual performance and conditions Correct answer.
  4. It replaces the need for a schedule analysis

Explanation

Daily reports are contemporaneous evidence of what actually occurred on site, including resources and conditions. They are valuable for validating as-built data and supporting causation.

Question 39Forensic Claims Consulting

A contractor seeks recovery for extended site overhead during a delay. Which cost elements are typically included in this category?

  1. Home office executive salaries and corporate insurance
  2. Project management staff, site facilities, and temporary utilities Correct answer.
  3. Manufacturer's profit on uninstalled materials
  4. Bid preparation costs for future projects

Explanation

Extended site overhead covers the cost of maintaining project-level resources and facilities during the extended period. It is distinct from home office overhead, which relates to corporate-level costs.

Question 40Forensic Claims Consulting

Under the Eichleay formula, what condition is generally required before home office overhead can be recovered?

  1. A written change order was issued for the delay
  2. The owner approved the contractor's baseline schedule
  3. The project was completed ahead of schedule
  4. The contractor was on standby and unable to take other work during the suspension Correct answer.

Explanation

Eichleay recovery generally requires an owner-caused suspension or delay that leaves the contractor on standby and unable to redeploy resources. This is the factual predicate for the formula.

Question 41Forensic Claims Consulting

Which of the following best describes the purpose of a 'but-for' schedule in forensic analysis?

  1. To show the schedule as it actually occurred
  2. To model what completion would have been absent the delay events Correct answer.
  3. To calculate the daily cost of overhead
  4. To establish the contractor's baseline bid schedule

Explanation

A but-for schedule removes the delay events to model the completion date that would have been achieved absent them. The difference between that date and actual completion represents the compensable delay.

Question 42Forensic Claims Consulting

A contractor's claim relies on a productivity factor taken from a published study conducted on a different type of project. What is the most significant weakness of this approach?

  1. The study was published too recently to be reliable
  2. The factor may not be representative of the conditions on the project at issue Correct answer.
  3. Productivity factors cannot be applied to labor costs
  4. Published studies are never admissible as evidence

Explanation

A productivity factor is only as good as its similarity to the project conditions. Differences in trade, scope, and site conditions can make the factor unreliable.

Question 43Forensic Claims Consulting

In a retrospective delay analysis, an analyst discovers that the as-built schedule shows work performed out of the planned sequence. What is the appropriate treatment?

  1. Document the actual sequence and evaluate its effect on the critical path Correct answer.
  2. Ignore the out-of-sequence work and use the baseline sequence
  3. Reject the as-built schedule as unreliable
  4. Assume the sequence change was owner-caused

Explanation

Retrospective analysis must reflect what actually happened, including out-of-sequence work. Documenting the actual sequence lets the analyst evaluate its effect on the critical path.

Question 44Forensic Claims Consulting

What is the primary function of a 'cost-loaded schedule' in forensic claim analysis?

  1. To allocate budgeted cost to scheduled activities so time and cost effects can be linked Correct answer.
  2. To satisfy the owner's accounting requirements
  3. To calculate the contractor's tax liability
  4. To record actual invoices paid to subcontractors

Explanation

A cost-loaded schedule assigns budgeted cost to activities, allowing analysts to link schedule effects to cost consequences. This supports time-related cost analysis in claims.

Question 45Forensic Claims Consulting

A claim includes idle equipment costs for owned equipment. Which measurement approach is generally most defensible?

  1. The full rental rate charged by third-party vendors
  2. The contractor's estimated replacement value
  3. The equipment's original purchase price
  4. The ownership cost rate, excluding operating costs not incurred Correct answer.

Explanation

For owned equipment, the defensible measure is the ownership cost rate, which reflects costs such as depreciation and interest but excludes operating costs not incurred while idle.

Question 46Forensic Claims Consulting

An analyst is preparing a claim for a project where the owner issued numerous verbal directives that changed the work. Which evidence is most directly relevant to establishing the directives occurred?

  1. The project's final payment application
  2. Contemporaneous field records and correspondence documenting the directives Correct answer.
  3. The contract's dispute resolution clause
  4. The contractor's bid estimate

Explanation

Verbal directives must be proven through contemporaneous records and correspondence that document them. These records establish that the directives occurred and their content.

Question 47Forensic Claims Consulting

In a claim for acceleration, what must the contractor generally demonstrate?

  1. That it incurred additional costs to overcome an owner-caused delay and maintain the completion date Correct answer.
  2. That the owner issued a formal written acceleration order
  3. That it finished the work earlier than the original completion date
  4. That the contract contained a liquidated damages clause

Explanation

Constructive acceleration requires an excusable delay, a demand to maintain the schedule, and additional costs incurred to do so. The contractor must show it accelerated to overcome the owner-caused delay.

Question 48Forensic Claims Consulting

A forensic analyst must evaluate whether a contractor mitigated a delay. Which record is most directly relevant to that evaluation?

  1. Documentation of resequencing, added resources, or recovery measures taken during the delay Correct answer.
  2. The owner's payment history
  3. The project's insurance certificates
  4. The contractor's original bid documents

Explanation

Mitigation is shown by evidence of affirmative steps taken to reduce delay, such as resequencing or adding resources. These records directly demonstrate whether the contractor acted reasonably.

Question 49Forensic Claims Consulting

An analyst finds that two delay events overlap and each independently would have delayed completion by the same period. What is the generally accepted treatment?

  1. The later event is disregarded entirely
  2. Both delays are fully compensable because each independently caused the delay
  3. The contractor must prove the owner's event occurred first
  4. The overlapping period is treated as concurrent, and neither party recovers time for that period Correct answer.

Explanation

When two independent delays occur concurrently and each would have caused the same delay, the overlapping period is generally treated as concurrent. Neither party typically recovers time for that period.

Question 50Forensic Claims Consulting

A consultant is asked to allocate responsibility for a period of delay where the contractor's own rework and an owner-caused design change both affected the critical path. Which approach is most defensible?

  1. Assign the entire period to the owner because a design change occurred
  2. Perform a detailed critical path analysis of each event and apportion the period based on demonstrated effect Correct answer.
  3. Assign the entire period to the contractor because rework occurred
  4. Split the period equally between the parties

Explanation

A defensible allocation requires detailed critical path analysis of each event and apportionment based on demonstrated effect. This ties responsibility to the actual schedule impact of each cause.