From a contract perspective, delay and disruption are two distinct concepts, and it is essential to distinguish one from the other.
PETER MCCARTHY, Principal, Conlex Consulting, suggests seven top tips to manage delay and disruption on construction projects.
Seven top tips for managing delay and disruption on construction projects
1. Delay and disruption are two distinct concepts and should be distinguished from each other when submitting claims for extension of time and loss and expense.
2. When seeking to ground a claim for delay and/or disruption, you must demonstrate cause and effect for your claim to be successful.
3. Global claims are permissible if the contractor can demonstrate that it is impossible to link the effect caused by numerous events.
4. Ensure adequate records are preserved to explain what caused the works to be delayed and/or disrupted and to demonstrate the effect flowing from each event.
5. In order to measure delay, consider submitting a baseline programme and method statement with your tender explaining your intended sequence of work.
6. To facilitate the ‘measured mile’ approach when measuring disruption, ensure adequate records are kept to allow you to compare disrupted days with undisrupted days.
7. When submitting claims for delay and/or disruption, ensure the prescribed contract procedures of bringing a claim are strictly followed, ie, on time, in the correct format, issued from and to the correct person and containing the correct information.
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PETER MCCARTHY, Principal, Conlex Consulting, writes that when it comes to claims, from a contract perspective, delay and disruption are two distinct concepts, and it is essential to distinguish one from the other.
About Peter McCarthy
Peter McCarthy holds dual expertise in Quantity Surveying and Construction Law and is founder and owner of Conlex Consulting, which supports clients with pre-contract review, post-contract support, preparation and negotiation of claims, dispute avoidance and dispute resolution. Peter is a fellow member of the Society of Chartered Surveyors of Ireland and the Chartered Institute of Arbitrators and is an approved Adjudicator on the SCSI Adjudication panel.