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41 CHAPTER 5 Evaluating I/D Effectiveness Metrics to Quantify I/D Performance I/D provisions, ultimately leading to more effective use of time-related I/Ds. The primary factor for determining whether a time-related I/D was indeed effective is whether the contractor was able to meet the I/D milestone and was paid an incentive for early Future Research Needs completion. Beyond this analysis, STAs should implement a Future research efforts related to time-related I/D provi- process for reviewing the effectiveness of I/D provisions. This sions should focus on three areas. First, the enforceability of "look back" process should at a minimum provide unbiased no-excuse and modified no-excuse clauses should be charac- feedback on the following items that have the greatest potential terized. Many projects have been completed using no-excuse to erode the effectiveness of I/D provisions: provisions, yet there are no publicized precedents of these clauses being challenged in court. This lack of legal precedent Tabulation of the frequency and impact of excusable delays leads one to believe that claims related to no-excuse clauses that were actually encountered on the project. have been strategically settled to avoid setting any precedent. An analysis of overrun and underrun quantities that actually Second, further research should be undertaken to investigate occurred on the project. Review the final quantities and the construction industry's ability to cope with issues related hypothetical total contract cost for all contractors that to performing more work at night and under multiple shift originally bid on the project. scenarios. As STAs continue to move toward a strategy that A summary report should be prepared by the STA's project places a higher value on satisfying road user demands, it seems engineer providing lessons learned that can be implemented logical that an increasing amount of work will be performed in future project designs and specifications. Post construction at night and under multiple shift schedules. The guidance meetings held with both agency and contractor personnel contained in this report suggests that multiple shifts should have been very beneficial as an approach for capturing these only be scheduled under extreme circumstances. Contractors lessons learned. and STAs need to have a clear understanding of the impacts on human resources (fatigue, changing work hours between Every highway construction project provides unique sit- different projects, safety, etc.) before proceeding with an uations that make quantitative comparisons between them increased use of night work and multiple shift schedules. very difficult, if not impossible. However, qualitative assess- Finally, innovative risk sharing strategies should be imple- ments can be made that enable the STA to refine its use of mented and evaluated.