Delay analysis

Dealing with delay disputes under the standard JCT forms of Contract is frequently deferred to a later date when further and more detailed information has been presented by the contractor who has been asked to provide some detail and further corroboration of its claim.

Quite often, a contractor will not be aware of the full effect of a delay event until long after the event has concluded. For this reason, contractors representations tend to be extensive and retrospectively deal with many separate issues under the cover of one over-arching submission.

Employers faced with a very complex and demanding response for which a degree of programme analysis will be required. They will invariably need to seek expert help.

The measurement of time in a dispute will need to consider such complex issues as concurrency and culpability. Whose or which event has caused the critical delay and to what extent was the other party in delay?

These issues are complex, and accurate and substantive records will be required to support whichever form of analysis is proposed.

Because more often than not, it is the contractor who possesses the most complete set of records the Employer is often at a disadvantage. Therefore, it is well worth stakeholders considering the engagement of a planner during the course of the design and construction of a project to make sure that adequate records of physical progress (measure against the programme) are held by both parties.

We are experienced in working under the JCT, ICE and NEC form of contracts.

Once again, the issues for the employer to consider can be complex and demanding; this form of contract will require equally stringent demands in terms of record keeping, and once again expert advice or assistance at each interval when the programme is revised.

At Moor Consult we know that a realistic and well considered programme at the outset is the best way to have a successful project and realize your goals and avoid expensive litigation. We are also equally able to assist with forensic programming and analysis should the risk of a dispute arise.