Delay claim analysis & Support
Forensic Analysis
For almost as many reasons as there are projects, projects suffer delay and fail to execute as expected. Whilst often the delay to completion may be an inconvenient but ultimately acceptable situation, it is often associated with significant cost implications. These are absolutely inconvenient but are rarely acceptable and often result in claim and counter-claim between the parties.
In order to resolve the dispute it is normal to first turn to 'The Programme'.
It is precisely at this point that the diligence exercised in managing the information, updates, communications and reporting of ongoing delays through the scheme is either:
- brought to the table in a consolidated form, demonstrating the dominant delays and highlighting the causation and assignment to either party, or
- is sadly lacking.
The maintaining of records, Programmes, Communications, Meeting Minutes, Employer Instructions, Early Warnings and Compensation Events is vital as the scheme progresses. Attempting to compile this information after the event in order to try and fill a large black hole from a huge document repository on a server somewhere is both difficult and costly, often because as the project reaches it's conclusion, the key players in the team are moved onto new projects and their availability (as well as their memories) become harder to secure. Issues which are clear and fully recognised at the time, but for whatever reason are not properly captured by the correct notifications become clouded in time and as people depart the project, the knowledge departs with them.
We have experience of assisting with claims for Extension of Time which is often the starting point of a delay claim. The basic principle is that, assuming the project does not meet its project completion date and the client has not provided an instruction to extend this, then the justification for the time needs to be proven by demonstrating Employer Delay Events to justify the duration, which when accepted will then likely be followed by the associated costs. In the event that the delay was due to the contractor, the Client may seek damages in line with The Contract.
The underlying principle is, however, that 'He Who Claims Must Prove'.
There are a number of forms of analysis, each suited to the various stages at which the project is at i.e is it Pro-spective or Retro-spective and also the quality of the records and intermediate programme updates available. At the final stages of a scheme we would look to determine the 'as-built longest path' i.e what ended up as being the actual critical path, and trying to establish how and why this was the case and matching the changes to the contemporaneous records available.
Whatever the route to a solution, be it locally managed or via Ajudication, Arbitration or the Courts it will invariably involve a degree of Forensic Analysis of the records held and producing the commentary that supports the progress or otherwise.
We would welcome the opportunity to discuss this with you so please get in touch to see what we can do to help.
In the meantime...
Keep records
Update the programme regularly...and keep records!