Delays in Construction Contracts are expensive, but who is to blame? Claims for Unliquidated or Liquidated & Ascertained Damages and Loss and/or Expense will arise. Determination of the Extension of Time to the Completion Date (EOT) will decide who gets the money. Delay Analysis is used to prosecute the claim.
Implications of Construction Delays:
- Loss to the Employer – Late occupation causing loss of business or amenity – Liquidated or Unliquidated damages claim.
- Loss to the Contractor or Subcontractor – Prolongation and increased costs – Loss and Expense claim but must prove.
- Neutral and Concurrent delays involving blame by both parties – No liability or alleged losses applicable, but more time is granted.
- If an EOT is granted it cannot be reversed.
- The Extension of Time entitlement and the value of delay damages / loss and expense can be determined by using Adjudication.
Key Benefits of an ARBICON DELAY ANALYSIS:
- Obtain – Qualified Expert Consultants delivering a structured Forensic Delay Analysis and Report.
- Manage Delays – During or after the delay event issuing notices and/or Delay Claims.
- Identify Delay Causes – Pinpoint the facts, what caused the delay and the extent of delay.
- Determine Liability – Who is responsible for the delay under the contract and any mitigating circumstances.
- Assess and Apply the Rights – Explain the Critical Path and Right to EOT with findings, facts, law and the contract.
- Support your Position – Prosecute or Defend with Evidence prepared to “Adjudication Standard”
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