Delay & Disruption

Probably the most frequent of disputes

Delay and disruption claims arise in the majority of disputes that occur during the construction phase of a project. Due to the frequency of these types of claim we recognise that there is a particular need to have an in-depth knowledge of this area of the law and the applicable methods of analysis.

Likely or actual delays, concurrent delay, who own's the float in the programme, time at large, liquidated damages and penalties, the prevention principle, condition precedent notice requirements are but some of the common issues that arise in this type of dispute.

All types of delay analysis can be undertaken by us, however the final choice will depend on a number of factors. Two important considerations being the quality of the records that are available and the cost of the analysis compared to the amount in dispute.

Disruption claims can be extremely complex to prove and the degree of success of such claims is often directly proportional to the quality of records available. Changes in the construction sequence due to non critical delays or re-sequencing invariably leads to some degree of disruption. Significant production losses can occur however the effect of disruption is often subtle and not noticed during the contract. The contractor finishes late but the employer caused delays do not account for all the delay. The deficit is allocated to the contractor when in reality a proportion of the remaining delay may be attributable to disruption associated with the employer caused delays. But due to the difficulty in quantifying it, it is a head of claim that goes unclaimed by contractors.

Delay and disruption is an area of law that is currently undergoing change. However, not all changes are applicable to other cases, the approach taken by the court in any one dispute being very specific to the circumstances under consideration.

At CDRS Ltd we expend a considerable amount of time and energy in keeping up to date with any changes in the law, both in the UK and in other jurisdictions. The advice and services available are therefore always current and developed from an in depth understanding of the latest judicial decisions.