Top Tips for Delay Analysis in Construction
Delay analysis can be a confusing world. We’ve put our expertise together to create a free download with our top tips for preparing a delay analysis.
Despite ongoing improvements in the way in which projects are executed, delay remains one of the biggest sources of dispute. It is also one of the most significant causes of cost overrun in construction projects.
When a delay occurs on a construction project, analysing cause and effect is vital to understanding where liability lies. Delay analysis (sometimes called Forensic Planning) is something which some refer to as a ‘dark art’. Arguably because it’s often misunderstood by those who carry it out or claim to understand it.
There are at least six analysis techniques that are commonly accepted. However, depending on who you ask there are many more - which can add to confusion. It's generally agreed that no single method is better than the others. With a mix of prospective and retrospective approaches techniques can vary according to need.
A prospective analysis such as ‘Impacted as Planned’, or ‘Time Impact Analysis’ is often used whilst the project is still ongoing. This can help assess the impact a delaying event will have on the future completion date. Prospective methods can also be used on completed projects. However, extreme care should be taken when doing so to ensure the ‘theoretical’ prospective analysis corresponds with the ‘actual’ facts.
Whatever method is being used to analyse delay there are a few things you need to establish for a successful claim.
We have put together some of our top tips on preparing a successful delay analysis from our team of claims experts. Download our top 20 tips on delay analysis for free here:
25 Tips to Help You Avoid Costly Claims and Disputes
Often people ask us, 'what are the key things we must do to avoid disputes and claims?'. Good news - we've compiled all of them into one handy document of top tips to avoid claims and disputes!
Read more
New Top Tips Paper! Application of Dispute Boards on Construction Projects
Most contracts have provisions whereby the Engineer, or his equivalent under other forms of contract, is required to make a fair determination of the claim. They also include a requirement that the parties attempt to reach amicable agreement in situations where either party does not accept the Engineer’s determination. Read more
Extension of Time Claims - 4 Key Elements to Include
A previous Top Tips Paper, The Preliminaries to the Claim, covered the preliminaries to the claim and explained how essential information should be presented at the front end of the claim. This ensures that a reader with no prior knowledge of the project or circumstances leading to the claim may gain an understanding of the project, the parties, the contract and brief details of the claim, before studying the essential matters of the claim itself.Read more
Essential Elements of a Successful Claim - Top Tips Paper for Download!
The object of a claim is to demonstrate that on the balance of probability, the claimant is entitled to compensation and the amount of such compensation. In the case of a construction claim, the compensation would more than likely consist of additional time, additional payment or both. The claim must be demonstrated, substantiated and justified so as to achieve the desired result.Read more
Presentation of Claim Narratives - Top Tips Paper for Download!
EC Harris’ Global Construction Disputes report cited incomplete and unsubstantiated claims as a major reason of disputes. Simply put, this means that the claimant has not prepared his claim to a standard that is required for the administrator of the contract to consider that the claim has merit, resulting in rejection of the claim.Read more
The Preliminaries to the Claim - Top Tips Paper for Download!
The object of a claim document is to convince the respondent that the claimant is entitled to an award and the quantum of the award. It must also be remembered that the onus is on the claimant to prove his case.Read more