Why Backdated Baseline Schedules Are Not Acceptable: FIDIC, PMI, and AACE Guidelines Explained

Home Why Backdated Baseline Schedules Are Not Acceptable: FIDIC, PMI, and AACE Guidelines Explained

In project environments governed by international best practices, a contractor’s refusal to submit a baseline schedule updated to reflect 14 months of actual progress is a serious concern. From a contract management and project controls perspective, this approach undermines effective oversight and jeopardizes transparency.

Standard contract conditions such as those found in FIDIC Sub-Clause 8.3 require the contractor to prepare and submit a detailed work programme within 28 days of the commencement date. This programme must clearly illustrate the intended sequence and timing of the work, while aligning with the contractual Completion Date. The programme serves as a foundational tool for:

  • Monitoring progress,
  • Forecasting project completion,
  • Supporting delay and time impact analyses.

The engineer’s instruction to provide a schedule that includes actual progress up to the current data date is entirely valid. This aligns with the objective of maintaining a realistic and updated time control mechanism. Submitting a non-updated, backdated schedule undermines this objective and leads to poor decision-making.

According to the PMI PMBOK® Guide, schedule updates must be based on a defined data date, ensuring that the schedule reflects actual performance. It is only then that the schedule can serve as a reliable tool for planning, controlling, and reporting.

Further, AACE Recommended Practice No. 29R-03 emphasizes that delay analysis methodologies—such as Time Impact Analysis or Windows Analysis—require:

  • Accurate, contemporaneous data,
  • Updated logic and progress,
  • Real-time tracking of critical path shifts.

A backdated baseline that ignores over a year of project execution fails to meet these standards and cannot be used as a reliable basis for claims, forecasting, or EOT assessment.

The absence of an approved baseline schedule for over 14 months severely limits the ability to assess delays or disruptions. Under FIDIC Clause 20.1, the contractor must give timely notice of any event that may give rise to a claim. However, without an agreed programme, it becomes nearly impossible to:

  • Determine the impact of delay events,
  • Justify or validate EOT claims,
  • Allocate responsibility or assess liquidated damages.

To move forward effectively and maintain control of the project:

  • The contractor should be directed to submit a revised baseline schedule with the current data date.
  • This schedule should incorporate actual progress to date and show a viable plan to complete the remaining works without extending the original Completion Date.
  • A narrative should be provided to explain:
    • Delay events,
    • Schedule revisions,
    • Mitigation or recovery measures.

This revised baseline can then be used for ongoing performance tracking and, where necessary, to support retrospective delay analysis.

Submitting a backdated, non-updated baseline after 14 months is non-compliant with FIDIC Sub-Clause 8.3, fails to meet PMI’s schedule management standards, and does not align with AACE RP 29R-03 practices. For accurate project control, transparency, and fair claim evaluation, the contractor must be required to submit an updated, data-driven baseline programme. This ensures both contractual and technical compliance while protecting the interests of all project stakeholders.

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